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Texas

Employers and SOX retaliation: Prepare for a legal long haul

05/28/2014
Employers defending against Sarbanes-Oxley Act (SOX) whistle-blower retaliation claims should be prepared for a long and tough litigation process. A recent district court decision out of Texas vividly illustrates how long a haul it might be.

Age bias charges filed in wake of academic split

05/28/2014
When Texas Southmost College and the University of Texas-Brownsville ended their affiliation, administrators faced some tough decisions. According to three new lawsuits, they didn’t choose wisely.

San Antonio fast food franchisee hit with OT suit

05/28/2014
A San Antonio area franchisee faces charges he failed to pay proper overtime to his employees. Wessam “Sammie” Aldeeb operate eight restaurants, including Subway, Great American Cookies and Marble Slab Creamery stores. A recently filed suit seeks class-action status for at least 125 current or former employees of Aldeeb’s franchises.

Former university accountant represents self in bias suit

05/28/2014
A former accounting manager at Texas Southern University is seeking $500,000 in damages and reinstatement, claiming the university fired him because of his Nigerian heritage.

Houston law firm faces pregnancy discrimination suit

05/28/2014
Wayne Wright, a personal injury law firm in Houston, faces charges it fired an employee after she told them she was expecting a child.

Part-time schedule may not be ADA solution

05/28/2014
Employees who have used up all available leave may want to return to work part time while they are still healing from an injury or illness. Whether part-time work is a reasonable accommodation under the ADA depends on whether all essential functions of the job can be performed part time.

Church wages don’t count toward unemployment benefits

05/28/2014
Employees can’t count their work histories with religious organizations when seeking unemployment benefits.

Employee can’t sue customer for retaliation

05/28/2014

An employee recently tried to claim that a customer had retaliated against her for griping on the job. It didn’t work.

State Supreme Court reaffirms: At-will employment is the Texas standard

05/28/2014
The Texas Supreme Court was recently asked by the 5th Circuit Court of Appeals to determine the status of at-will employment in Texas. The Texas High Court made it very clear that at-will employment is the standard in the state. Employees can’t sue former employers for fraud if they “promise” continued employment and but then fail to deliver.

Check calendar on every harassment claim

05/28/2014
Employees typically have to file EEOC complaints within 300 days. Some attorneys think they can get around that rule by shopping around for other laws on which to base their lawsuits. Typically, they try to find a common-law tort to fit the situation, giving them much more time to sue. Now that avenue has been blocked.