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Employment Law

Be prepared to root out hidden harassment: EEOC files a whopper against Burger King

04/06/2011
When a former Burger King employee complained to the EEOC that she had been sex­ually harassed at one of the chain’s restaurants in Glens Falls, N.Y., the EEOC sprang into action. As part of its efforts to stop sexual harassment against teenage employees, the agency began looking at more than 350 Burger King restaurants in 16 states. The agency eventually sued.

Offer FMLA, but still enforce attendance rules

04/06/2011

Employees occasionally have to step in on short notice to help care for a family member and may legitimately need FMLA leave to handle those responsibilities. Go ahead and suggest FMLA time off. However, until the employee takes you up on the offer, you can hold her to your regular attendance policy.

Quick action cuts sexual harassment liability

04/06/2011
You can’t prevent every vulgar act an employee may commit. But you can and should act fast when you learn about misbehavior. Doing so can keep a minor problem from growing into a major one.

Former Historical Commission worker files bias suit

04/06/2011
A white woman who once worked for the Texas Historical Commission has filed a lawsuit claiming the commission discriminated against her on the basis of race, gender, age and in retaliation for making a complaint.

East Texas college president’s secretary sues for age bias

04/06/2011
The former executive secretary to the president of Jarvis Christian College has filed an age discrimination lawsuit against the East Texas college.

FLSA violations cost Houston grocer $2 million

04/06/2011
A Houston-based grocery chain, Hong Kong Group Inc., has paid $2 million to settle a lawsuit alleging wage-and-hour violations that involved phony payroll records and attempts to coerce employees into returning pay they had already received.

Violinist, West Texas A&M playing in harmony after mediation

04/06/2011
A West Texas A&M University violin instructor, who is also a member of the university’s acclaimed Harrington String Quartet, has agreed to settle a lawsuit that alleged she was fired after she missed work due to pregnancy complications and subsequent time off she took after giving birth.

State workers have limited right to challenge firings

04/06/2011
Here’s a reminder if you work at a Texas public university or another state-affiliated organization: Employees may have a “property interest” in their jobs. That means they’re entitled to receive notice that they are being fired—and to challenge the decision.

Log when you told employee about adverse decisions

04/06/2011

Employees who want to sue for discrimination under the Texas Code have to file state charges within 180 days of alleged discriminatory conduct. The time is measured from the date the employee learns of the decision. That’s why it’s important to document that you let the employee know he was being demoted, denied a promotion or is scheduled for termination.

You can fire worker out on FMLA leave–just show legitimate work-related reason

04/06/2011

Some employees believe that applying for or taking FMLA leave insulates them from legitimate punishment. They think, “You can’t discipline me because I just took FMLA leave; that would be retaliation.” That just isn’t true.