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Employment Law

Can we require owner-employees of a business we’re buying to sign noncompete agreements?

02/10/2015
Q. My company is in the process of purchasing a small printing business, and we plan to retain several of the owner-employees of the acquired business. As a part of the purchase-and-sale agreement, we would like to take steps to protect our customer base by restricting the competitive activities of the owner-employees for five years. Additionally, we are interested in restricting the activities of an employee who is not a party to the transaction, but is married to one of the owners of the business. May we do so? What are some basics about noncompete agreements?

Texas ADA payouts nearly doubled over past five years

02/10/2015
A recent study of EEOC ADA en­­force­­ment actions has revealed that Texas employers paid out $9.7 million to employees in 2013. That’s up sharply from $5.4 million in 2009.

Houston bakery sued for refusing to hire non-Hispanics

02/10/2015
The EEOC alleges that Houston-based Lawler Foods violated Title VII of the Civil Rights Act by carrying out a pattern and practice of refusing to hire non-Hispanic applicants.

Beware slow-to-emerge need for accommodation

02/10/2015
Can you reject an applicant you previously agreed to hire because you discover a disability you don’t think you can accommodate? Maybe—but expect a court fight.

Constitution doesn’t protect workplace cliques

02/10/2015
Public employees have some workplace protections based on constitutional rights to free speech and association. But those rights don’t extend to the right to be part of a co-worker clique.

It could be retaliation: Think twice before forcing transfer that greatly affects commute

02/10/2015

Employees who complain about alleged discrimination, either to their employer or to an agency such as the EEOC, are protected from retaliation. Ordinarily, that re­quires a so-called adverse employment action like discharge or demotion. Lesser actions, such as a lateral transfer, don’t count.

When cooperation drops as discipline escalates, OK to fire for insubordination

02/10/2015

Some employees don’t take discipline well. What may have started as a reprimand over a rule violation or poor work can quickly escalate for one of these workers. Don’t be afraid to increase the disciplinary consequences if the em­­ployee won’t cooperate or accept correction.

Don’t hide behind your handbook! Formal harassment complaint isn’t required

02/10/2015
Here’s something to remember when planning your sexual har­­assment training sessions for management: Be sure everyone understands that they must report any sexual har­­assment complaints employees make—even if the employees don’t follow the procedures for reporting sexual harassment laid out in the employee handbook or company policies.

Choose one: Total disability or accommodation

02/10/2015

Here’s something to consider if a discharged disabled employee who simply could not do her job sues, alleging disability discrimination. Check to see if she has applied for disability benefits and get a copy of the application. If she didn’t qualify her disability by claiming she could perhaps do some work if reasonably accommodated, she may have killed her chances to argue she was qualified for her old position, too.

Third-party harassment: Is the customer always right?

02/10/2015

There is only one boss: The customer. But what if the customer or another outsider is harassing employees at your workplace? Can your organization be held liable? As this court ruling shows, adopting a “hear no evil, see no evil” strategy is not the smartest move.