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Texas

Superstar won’t behave? Feel free to fire

11/07/2019
Sometimes, an employee does a great job, but an abrasive personality makes him more trouble than he is worth. Superior work skills and productivity insulate superstars from legitimate discipline or termination based on poor behavior.

Employee returning from maternity leave: Does she have to have the same hours as before?

10/15/2019
Q. Under Texas law, if we have an employee returning from maternity leave, are we required to give her the same work hours as she received before her leave? We would like to reduce her hours because sales are down.

Brownsville, Texas eateries serve up $78,000 for pay violations

10/15/2019
Three Brownsville, Texas restaurants will pay 25 workers $78,440 in back wages and penalties following a U.S. Department of Labor investigation.

Your best legal strategy: Document poor performance

10/15/2019
When employers document poor performance and keep clear records with detailed information, they seldom lose a surprise lawsuit over allegedly biased decision-making.

Not every illness constitutes a disability

10/15/2019
Fortunately, not every medical malady is a disability under the ADA. Workers must prove their condition substantially limits a major life activity.

Endless time off? Indefinite leave not considered a reasonable accommodation

10/15/2019
Employers don’t have to provide any additional leave to workers who can’t give at least a tentative return date.

Resist assuming that employee’s disability might cause a safety hazard

10/15/2019
Challenging a disabled employee’s capacity for work can backfire badly, especially if it looks as if the decision to challenge was really based on disability discrimination and harassment.

Nepotism isn’t necessarily discriminatory

10/15/2019
Justified or not, unsuccessful candidates without an inside track may feel as if they were cheated because they weren’t related to someone with influence, who could pull strings to help them. That disappointment won’t necessarily mean they will be able to turn charges of blatant nepotism into a Title VII discrimination case.

Whistleblowers protected by state and federal law

10/10/2019
Under the federal False Claims Act, employees who report alleged fraud in the spending of federal money are protected from retaliation for doing so. If a jury concludes the employer retaliated, the worker is entitled to back and front pay, plus other damages.

Play by overtime rules or be prepared to pay

10/10/2019
Don’t try to game the system by making workers clock out and keep working, failing to record extra time worked or suggesting that the extra hours constitute “volunteer” work.