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Texas

Undocumented worker claims retaliation? No back pay

01/09/2013
An undocumented worker who is fired after claiming he isn’t being paid minimum wage can’t collect back pay after his discharge. That’s because illegal immigrants shouldn’t be working anyway.

One stupid comment doesn’t create hostile environment

01/09/2013
When terminated through a reduction in force or for some other legitimate reason, overly sensitive employees may take a shot at filing a lawsuit over perceived slights, alleging they had been forced to work in a hostile work environment. Fortunately, it usually takes more than that to win.

Hiring or promoting? OK to discount experience if it’s trumped by other factors

01/09/2013

When an employee or applicant claims she was passed over for a job because of discrimination, she generally has to show that she was clearly the best-qualified candidate for the position. Some will argue that cumulative years of experience trump other factors. That’s not always true.

Good records win lawsuits: When disciplining, be as specific as possible

01/09/2013
If someone was terminated for breaking workplace rules, he may claim you treated others outside his protected classification more favorably. The best way to counter such charges is with very specific records showing why you believe each punishment fit the rule violation.

ADA: Don’t let procedural hurdles stop accommodations process

01/09/2013
Employees with disabilities have the right to request reasonable ADA accommodations. Punishing them for making such a request can be grounds for a retaliation lawsuit—even if no accommodations were possible or due.

How to stop midshift intermittent FMLA leave abuse

01/09/2013
There’s nothing quite like trying to manage intermittent FMLA leave for employees who must see to loved ones’ care during working hours. It’s even more difficult if the employee comes to work, only to spend all her time on the phone, supposedly dealing with the serious health condition covered by FMLA intermittent leave.

Beware! Old slights can bolster new bias claims

01/09/2013
Here’s an important factor when considering discharge: Dis­­crimi­­nation complaints made years ago can form the basis for a lawsuit if the underlying events show a pattern of discrimination.

How should we handle documents containing info about employees’ medical conditions?

12/03/2012
Q. Our office received medical information from an employee’s physician in conjunction with his FMLA leave request. What’s the best way for us to maintain this kind of documentation?

Does the FMLA cover leave for ‘stress’?

12/03/2012
Q. One of our employees has asked to go on medical leave due to “stress.” Does stress qualify as a condition that requires leave?

NLRB expands duty to respond to union information requests

12/03/2012
The NLRB continues to force new requirements on employers from all directions. Its latest salvo comes in its ruling in IronTiger Logistics. The NLRB says resulting new requirements represent an effort at increased civility and common sense in the negotiation process. However, the legal foundation for the ruling is suspect.