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Louisiana

Respect the results of outside investigations into complaints

03/26/2019
Be prepared to honor the findings of outside investigators you hire to get to the bottom of internal complaints. Accept the results and act immediately to remedy the situation.

Workers’ comp: What happens in Texas stays in Texas

03/06/2019
Employees claiming retaliation for making a workers’ compensation claim in Texas can’t make a federal case out of it. Such claims must be heard in state courts.

Is that hate speech … or merely offensive?

03/06/2019
When it comes to offensive speech at work, context matters. Simply put, some terms have a history as expressions of racial hatred and bigotry. Therefore, they’re always inappropriate. However, other terms are not so fraught with hatred; they are just offensive.

Light duty for pregnant employees? Not if you don’t offer it to other disabled workers

03/06/2019
Pregnant employees are entitled to light-duty assignments if the employer allows other disabled employees to be assigned to temporary light-duty positions. But what if no such work is available?

Watch 180-day deadline for complaints under Texas Commission on Human Rights Act

02/12/2019
Employees alleging discrimination under the Texas Commission on Human Rights Act have 180 days from the date of the last discriminatory act to file complaints with either the Texas Commission on Human Rights or the EEOC.

Prepare to show you would have disciplined even if employee wasn’t a whistleblower

01/22/2019
Sometimes, an employee may decide to take revenge if she perceives she has been unfairly disciplined. If she does so by becoming a whistleblower, she may believe that protects her from eventual termination. That’s not true if the employer can persuade a court it would have disciplined or fired her whether she reported alleged wrongdoing or not.

Court discovers deception, tosses out previous decision

12/04/2018
Here’s a rare case in which a court reversed a ruling that favored an employee because he had deceived his former employer.

Always record the date when you made a decision to fire

12/04/2018
Do you note the date and time of every termination decision? If not, you should.

Be sure to document reasons that led to your decision to terminate

12/04/2018
No matter how fair you have been, always assume an employee who has been disciplined will sue, alleging some form of discrimination. Be prepared!

Choose the best candidate, don’t sweat liability

11/13/2018
When you have several excellent candidates for the same position, it can be difficult to pick which one should get the offer. As long as you document why you picked one of the qualified candidates over the others, chances are you won’t lose a lawsuit.