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Louisiana

Despite ERISA workers’ comp plan, employee can still sue for negligence

02/01/2008

Texas employers that opt out of the state workers’ compensation system often adopt separate insurance plans to cover employees’ on-the-job injuries. Those plans usually provide no-fault benefits and are governed by ERISA. That doesn’t mean, however, that employees can’t sue under other state laws …

OK to consider intangible qualities when choosing applicants

01/01/2008

When it comes to hiring good employees, you know that experience and education aren’t everything. There’s nothing wrong with considering such “soft” factors as loyalty and reliability when making hiring decisions. Just make sure you don’t consider things such as disability, FMLA absences or other protected characteristics …

Individual assessment—Not diagnosis—Key to ADA disability

01/01/2008

It takes more than a trip to the family doctor, a diagnosis and a prescription to establish a disability and qualify for protection under the ADA. Employees who say they are disabled must be able to show that they are substantially impaired in a major life function. And taking medication may mean an employee is not disabled because it can reduce the effects of even serious illnesses …

Tell employees when you plan to charge time off to FMLA

01/01/2008

When an employee takes leave to deal with a serious health condition, be sure to inform her that you plan to charge the time against her allotment of unpaid FMLA leave. If you fail to do so and the employee later runs out of leave and loses a benefit, it will be relatively easy for her to sue and show she was somehow harmed by the lack of notice …

Track qualifications to prove candidate was best for job

01/01/2008

It’s important to carefully track each and every step of the promotion process, including the relative qualifications of those vying for open spots on the corporate ladder. Here’s why: Employees who claim they were unfairly passed over have to show that they were “clearly better qualified” than the chosen candidate …

Noncompete agreements protect against the competitor working in your midst

01/01/2008

Texas law says that employees owe a duty of loyalty to their employers, but can still plan to enter into competition with that employer while still employed. That’s why it’s important to protect your trade secrets and business plans by developing a clear, comprehensive and binding noncompete agreement for employees to sign—one that prohibits the poaching of staff and clients and enforces confidentiality …

Make sure your employment contracts give you enough flexibility

01/01/2008

Do you have an employee who works under an employment contract? Does the contract provide you with enough flexibility? For example, have you tied your hands when it comes to work assignments or to whom the employee reports? Is there a mechanism for early termination for cause or other economic reasons? Don’t let the complexities of contract law trip you up …

Go ahead and discipline, even when considering FMLA leave

12/01/2007

Employees who ask for FMLA leave often act as if they are immune from any sort of discipline. But that’s simply not the case. Even if an employee has applied for or is actually on FMLA leave, you can and should punish rule breaking. Just make sure you aren’t treating an employee who takes FMLA leave more harshly than any other employee. Equitable discipline is the rule …

Document problems caused by ‘Difficult personalities’

12/01/2007

Difficult employees may be sensitive to perceived discrimination—especially if they also happen to be members of a protected class such as race, sex or national origin. They may think they have to work harder and appear smarter than others. If they lose a plum assignment, that may be enough to spur a discrimination lawsuit. That’s one reason you should carefully document how you handle easily bruised egos …

Be prepared to cite skills to explain wage disparity

12/01/2007

Because the U.S. Supreme Court ruled earlier this year that employees must make wage discrimination claims right away, it’s more likely than ever that employees who find out they are making less than a newcomer of a different race, sex or national origin will seek legal counsel. That’s why you must be prepared to explain each and every wage difference with solid business-related reasons …