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Louisiana

Don’t think federal laws always trump state claims

05/30/2008
A recent 5th Circuit Court of Appeals decision makes one thing clear: Employees and their lawyers are always looking for novel ways to sue employers—and sometimes state law gives them additional ways to do just that …

Make sure investigation process doesn’t defame employee

05/05/2008
As an employer, you are obligated to investigate employee harassment and discrimination claims. How you handle those investigations can determine whether you’ll have to prepare for later lawsuits. The problem: allegations that you defamed someone while conducting the investigation …

Track discipline to show equal treatment for all workers

05/05/2008
Insist that managers tell HR when they issue any form of discipline, even an oral warning. That way, there’s a record that you can later use to explain why it only looks like a discharged employee was punished more harshly than others who committed the same offense …

Minor workplace changes won’t lose discrimination case

05/05/2008
Supervisors often treat employees who have been known to complain about discrimination with kid gloves. But you should explain to managers and supervisors that only adverse employment actions can lead to lawsuits. Minor workplace changes probably won’t provide ammunition for yet another discrimination complaint …

Get legal advice when hiring workers with noncompetes

05/05/2008
When hiring new employees, be aware that they may have signed noncompetes or other employment agreements with their previous employers. Ask if they have. If they did, ask for a copy. Then have your attorney review the terms before you make an offer. Here’s why …

Even small differences can justify different treatment

05/05/2008
An employee sometimes will look for any reason to file a lawsuit—especially if she thinks she has been treated unfairly but doesn’t have any direct evidence. That’s one good reason for justifying all employment-related decisions …

Make common sense the driving force of your business

04/10/2008
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Spotty promotion, training systems? Prepare for class action

04/07/2008
The rise of class actions makes it essential for HR professionals to explore exactly how their companies dole out training and promotion opportunities. If individual supervisors or managers have too much discretion, there may be trouble ahead. An “old boy” network may be alive and well …

Supersensitive employees? Don’t treat with kid gloves

04/07/2008
Don’t let fear of litigation allow one or two supersensitive employees to squash reasonable criticism and destroy workplace morale. Take, for example, an employee who happens to be a member of a protected class (e.g., race, gender or disability) and always seems to believe that supervisors are singling him out …

When transition looms, note employee interest in staying on

03/01/2008

In uncertain economic times, employers sometimes have to cut staff and redraw org charts to stay competitive. Employees often know far in advance that change is coming—and that they may lose their jobs. And some already may be looking for ways to “get back” at their companies via lawsuits …