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Q&A

Should we contest? Fired for poor work, former employee now wants unemployment

06/11/2009

Q. After repeatedly warning an employee about her poor performance, we recently terminated her. At the termination meeting, she complained for the first time that she felt she’d been held to higher standards based on her gender. She has now filed for unemployment benefits. While we don’t think she’s entitled to the benefits, we wonder whether it makes sense to fight her claim. What do you think?

Reduced hours and WARN: Are we liable?

06/11/2009

Q. Due to the poor economy, we recently cut one of our manufacturing shift’s hours by 60%. This will continue indefinitely. We gave the affected employees two weeks’ advance notice, but we have now received a letter from an attorney claiming we should have given them 60 days’ advance notice. Is that right?

When can a Florida state agency terminate an employee for ‘disloyalty’?

06/08/2009

Q. Our state agency’s board is considering terminating a legal secretary who seems to have been a supporter of one of our attorneys who was discharged for both performance problems and being disloyal to our board. We understand that, under the patronage dismissal doctrine, we can terminate employees who supported the political opponent of our agency’s elective head. Can the board likewise discharge the legal secretary for her seeming disloyalty?

Can we get this suit dismissed? A former employee sued us and then filed for bankruptcy

06/08/2009

Q. One of our former employees filed a discrimination lawsuit against the company. She subsequently filed for bankruptcy, but failed to include the pending lawsuit as an asset in the bankruptcy estate. She eventually obtained a bankruptcy discharge. Will the company now be able to have her discrimination lawsuit dismissed?

OK to fire a bankrupt financial manager? We fear his ineptitude will chase customers away

06/08/2009

Q. One of our financial managers has filed for bankruptcy, and our directors now want to terminate him because they doubt his financial judgment. They’re also worried that customers will react negatively to the news that one of our finance people is going bankrupt. Can we lawfully discharge him?

Can we make employees pay for work uniforms?

06/05/2009

Q. Are there any laws that prohibit me from charging my employees for their mandatory work uniforms?

How can we prepare for a flu pandemic?

06/05/2009

Q. I am very concerned about the H1N1 flu outbreak, especially if it flares up again this fall. Are there are steps I should take to prepare my business if an employee contracts the illness?

May we ask employees to ‘volunteer’ their time?

06/05/2009

Q. We are considering asking our employees to donate some time back to the company as a way to save costs and avoid having to lay off anyone. By “donate time” I mean working one or more hours per week without pay. Is this legal?

Can we represent ourselves in a lawsuit?

06/05/2009

Q. A former employee just filed a lawsuit against my company. The potential dollar value of the claim is so small, I do not want to hire a lawyer. However, I do want to fight the claim. Can the company just represent itself in court without an attorney?

Are noncompete agreements legitimate in Texas?

06/01/2009

Q. Can noncompetition agreements be enforced against at-will employees in Texas?