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Louisiana

Need a good reason to settle? How about saving huge attorneys’ fees?

10/06/2008

Employers who end up losing discrimination lawsuits don’t just pay their own legal fees—they often pay the winning side’s fees, too. Always consider the ultimate cost before rejecting a settlement offer, or before pushing your own attorneys to appeal a case.

Prepare layoff rationale before handing out the pink slips

09/02/2008

Sometimes, an employer needs to downsize its workforce for any number of reasons. Whatever the reason, document why you need to cut staff before you announce the layoffs. You don’t necessarily owe every affected employee an explanation—in advance—of why his or her job is being eliminated. But you will need a clear, coherent and rational explanation later if one of the employees sues …

You can reassign employee whose spouse made FMLA claim

09/02/2008

Employers know they can’t retaliate against employees for speaking with EEOC investigators about possible discrimination … But what about simply standing by as a spouse or significant other sues the same employer? Do you have to worry that
any job changes for the silent spouse will spur a successful retaliation lawsuit?

Public employers aren’t immune to FMLA reinstatement requirements

09/02/2008

Public employers aren’t required to abide by all sections of the FMLA because they have limited immunity from federal lawsuits. For example, state employees taking leave under the FMLA’s self-care provisions can’t sue for money damages. But recently the 5th Circuit Court of Appeals has ruled that immunity does not extend to a claim for reinstatement after an employee takes FMLA leave …

Appeals court overturns $33 million verdict against hospital

09/02/2008

In 2006, a federal district court let stand a verdict for $33 million in favor of Dr. Lawrence Poliner, a cardiologist who sued Presbyterian Hospital of Dallas and several hospital physicians after they suspended his hospital privileges for five months following a review of his work.  In a highly anticipated decision, the 5th Circuit Court of Appeals has overruled that verdict …

Federal court clarifies ‘Protected activity’ under the FLSA

08/04/2008
The 5th Circuit Court of Appeals has issued an important ruling in a Fair Labor Standards Act (FLSA) case. It marks the first time the court has defined exactly what the FLSA means when it refers to filing a wage-and-hour “complaint.” The court’s decision is important because it means employers that punish employees who file complaints may be liable for retaliation …

Beware! Now it’s even easier for disabled employees to sue

08/04/2008
A new federal appeals court case has made it easier for employees in the 5th Circuit to sue for disability discrimination. To prove disability discrimination, employees need to show only that the disability was a “motivating factor” in an employment decision, not the sole cause …

Take harassment seriously, even if complaint comes late

08/04/2008
Don’t dismiss a sexual harassment complaint just because an employee waits to come forward. A recent 5th Circuit Court of Appeals case shows that employees can prove they really did feel harassed even if they waited a long time before complaining …

Prepare hiring managers to explain interview assessments

08/04/2008
Sometimes employers need to get a feel for exactly how a candidate will react under stress. For jobs such as police officers, it’s appropriate to assess behavior and make subjective performance assessments. Beware, however, that subjective hiring processes often invite discrimination lawsuits from rejected applicants …

Arbitrating claims? Chances are appeals court will uphold decision

08/04/2008
When employees and employers freely agree to arbitrate disputes and submit those disputes to an impartial decision-maker, chances are a federal court won’t reverse that decision. In fact, courts are required to resolve doubts in favor of arbitration, so those who try to bring lawsuits don’t get a “second bite at the apple.”