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Employment Law

Don’t let religion be an excuse for missing work when it’s not the real reason

01/07/2014
Do you have an employee with a spotty attendance record who suddenly claims she can’t come to work on her day of worship? Employees can’t sue for denial of reasonable religious accommodations unless they prove three things.

Sure it was harassment, but it didn’t last long! A little hostility still means big liability

01/07/2014
Think you have plenty of time to investigate sexual harassment complaints? Think again. The fact is that even a few days of unresolved sexual harassment can become the basis for a lawsuit. Act ­­immediately to stop harassment or face the ­consequences.

Houston docs cough up $17K for FMLA violations

01/07/2014
The Houston-based Houston Ear, Nose & Throat Clinic will pay a former employee $17,390 after it failed to reinstate her to an equivalent position following FMLA leave.

Immediately investigate sex harassment claim

01/07/2014
When an employee tells a supervisor that she’s being sexually harassed, that’s a signal that action is required. Her complaint should immediately set into motion an in­­ves­­ti­­ga­­tion. Make sure your supervisors have strict instructions to contact HR right away.

Beware offering FMLA instead of workers’ comp

01/07/2014
Some Texas employers try to discourage employees from taking workers’ compensation leave when they suffer an injury. Instead, they encourage employees to use FMLA and accrued vacation and other leave. Always make sure employees volunteer to make that choice.

‘Current’ drug users may not be disabled

01/07/2014
Can employers fire drug addicts? Or are they disabled and protected under the ADA and the Texas Commission on Human Rights Act (TCHRA)? That depends on individual circumstances and the definition of “current” addiction.

Age Discrimination: ADEA/OWBPA

01/05/2014

HR Law 101: Under the Age Discrimination in Employment Act of 1967, employers with 20 or more workers can’t engage in personnel practices that discriminate against individuals age 40 and older. Most age discrimination cases grow out of wrongful discharge and mandatory retirement policies, but they can involve any adverse change in working conditions …

Possible porn: Can we search computers?

01/03/2014
Q. An employee recently complained about re­ceiving inappropriate email messages and links to porno­graphic websites from some of her co-workers. We would like to review the messages to figure out exactly how large a problem we face. Can we do this?

Keep tabs on employees socializing at work

01/03/2014
Sometimes, employees’ social interactions cross the line from productive to disruptive. Before you punish friendly co-workers, consider quantifying their behavior. That makes it easier to defend against charges that you singled out some chatty co-workers for harsher treatment than others based on their protected status.

Offer temp job to driver too injured to drive?

01/03/2014
Q. Recently, one of our delivery drivers was hurt at home and is now unable to drive. Should we offer alternative employment?