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Texas

There’s one foolproof way to win discrimination lawsuits

02/05/2014
When you evaluate whether a former employee may sue you successfully over her discharge, consider this: If you replaced her with someone belonging to the same protected class, she’ll have a hard time winning a lawsuit that claims you were biased against her class.

USERRA: Beware any reference to military service when justifying discipline

02/05/2014
USERRA makes it illegal to discriminate against those who serve. Counting the time off required for reserve personnel to train violates USERRA. Make sure you don’t count it.

How to dodge an FMLA bullet: Consider granting after-the-fact leave request

02/05/2014

Sometimes, simple medical procedures turn out to be not so simple after all. A few days off for outpatient surgery may morph into a lengthy FMLA leave and render the employee disabled. Don’t jump the gun and terminate the employee without considering whether he’s now entitled to FMLA leave and reasonable accommodations.

Best way to stop failure-to-promote lawsuits: Include qualifications in job announcements

02/05/2014
Want to avoid unnecessary lawsuits over whether an applicant is qualified for a job opening or promotion opportunity? Then make sure your job announcement includes specific information about minimum requirements so that those don’t become the basis for a lawsuit.

You don’t need absolute proof to fire

02/05/2014

Employees are entitled to fair treatment, but that doesn’t mean HR has to become a court of law and prove beyond a reasonable doubt that an employee did something deserving of discharge. As long as you reasonably believe an employee broke a rule or other­­wise did something deserving of discharge, a termination will stand up to a legal challenge.

Do annual reviews work? A case study, success story & interview

01/15/2014

When Suzanne Benoit, SPHR, joined Wright-Ryan Con­­struc­­tion as its HR director, she learned that the company had been using an annual performance review process that wasn’t yielding the results it wanted. She then created a new process designed to improve performance, accountability and employee engagement. Here’s a conversation we recently had about how that process worked and its results.

HR sleuth: How to conduct a workplace investigation

01/15/2014
Whether it is a small inquiry that might only involve a couple of questions, or a weighty investigation into serious allegations of misconduct, being deliberate and intentional about an investigation will create a more helpful and less disruptive process.

1 comment won’t make hostile environment

01/15/2014
Here’s some good news for HR managers handling sexual har­­assment complaints. As long as you act fast, investigate and use your best efforts to prevent a repeat performance, one sexually explicit comment isn’t grounds for a lawsuit.

5th Circuit rejects NLRB D.R. Horton decision on class-action waivers

01/07/2014
In a major win for employers, the 5th Circuit Court of Appeals rejected the highly controversial D.R. Horton decision from the NLRB.

MCM Grande & MCM Elegante pay $79,000 in back wages

01/07/2014
A U.S. Department of Labor Wage and Hour Division investigation has resulted in the MCM Grande and MCM Elegante hotels paying back wages and missed overtime to em­­ployees at several of its locations in Texas and New Mexico.