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Employment Law

Manager who did the hiring also should do the firing

05/01/2007

It may be a good idea to track who in your organization makes the decisions to hire specific employees. That way, those managers can also be part of the decision to discharge employees who turn out to be duds …

Seek accommodations even if the effort seems impossible

05/01/2007

As soon as an employee makes it known that he needs accommodations, it’s up to the employer to start an interactive accommodations process, even if it turns out that no accommodation is possible …

Pick qualification standards and stick with them

05/01/2007

Sorting through candidates for promotion? Make sure you apply the same education and experience standards to all of them. If you don’t, chances are at least one spurned candidate will consider a lawsuit …

New law, pending bill extend workers’ rights to use deadly force

05/01/2007

Gov. Rick Perry recently signed new legislation that extends an individual’s right to use force without retreat in the face of a criminal attack. Until now, a 1995 exception to a 1973 statute required persons to retreat except when an intruder unlawfully entered their home. Senate Bill 378, however, extends the right to persons in their vehicles and workplaces as well …

Three workers’ compensation bills pass Texas House

05/01/2007

On March 22, three workers’ compensation bills sponsored by state Rep. Helen Giddings passed the full House …

Report EEOC claims or lose insurance coverage

05/01/2007

The U.S. District Court for the Northern District of Texas has dismissed a lawsuit filed by an employer against its employment practices liability insurance company because the employer didn’t tell the insurer about an EEOC complaint right away …

$18.9 million awarded to widow of welder killed in 2003 blast

05/01/2007

A Dallas jury recently returned a unanimous verdict awarding $18.9 million to the widow of Gordon Rutherford. The negligence and recklessness suit resulted from a January 2003 explosion at TXI Inc. …

Noncompete pacts in Texas: New ruling brings clarity … and questions

05/01/2007

Last October, the Texas Supreme Court ruled employers may require new and existing employees to sign covenants not to compete, even if they are “at will” employees. As long as the employees get something in return for agreeing to the restrictions their employers want, the agreements are legal …

Can we make smokers pay higher premiums?

05/01/2007

Q. I have to admit I am not a fan of smokers, but what really concerns me is the cost they are adding to our benefits programs. I don’t think it is fair to the nonsmokers that their costs should keep going up year after year when it’s likely smokers are fueling a part of that cost. Can I make smokers pay more in premiums?—S.S.

A genuine child-Support court order?

05/01/2007

Q. In this morning’s mail I received a letter from some group I have never heard of, asking for payroll information on an employee. The letter said, “This information is necessary to enforce court-ordered child support.” It does not say that it is a subpoena or a garnishment, and there is no court order or any kind of a waiver from the employee. I have already tossed it in the trash, but I don’t want to do something wrong. Do I need to dig it out?—S.W.