• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly
Connection failed: SQLSTATE[HY000] [2002] No such file or directory

Texas

Questioning employees? Avoid ‘imprisonment’ charge by ensuring they know they may leave

01/09/2012
It may sound silly, but there’s a very practical reason to be careful when questioning employees during an investigation: Some especially sensitive people may feel they are being held involuntarily—and sue for false imprisonment.

Make termination decisions stick by documenting discipline at the time it occurs

01/09/2012

If you want a termination decision to stand up in court, make sure you carefully document all discipline that occurred before the firing—and do so at the time the discipline occurs. Otherwise, chances are a court or jury may assume the earlier incidents didn’t happen.

No real effort to improve? It’s time to fire

01/09/2012
Some employees don’t take direction well. One approach turns such employees around: Insist that the employee sign on to a performance improvement plan. If he refuses to cooperate, document that refusal. You can then safely terminate the employee for insubordination.

Can we tamp down political discussions?

12/21/2011
Q. The sexual harassment accusations brought against presidential candidate Herman Cain have been generating quite a bit of controversy in our office. What can we do to ensure that our employees do not use these conversations as the basis upon which to bring a sexual harassment claim?

Faster union elections on the way following NLRB action

12/21/2011

On Nov. 30, 2011, the National Labor Relations Board voted 2-1 in favor of changing the union election rules to speed up the process of securing union representation in workplaces nationwide. The new rule shortens the time be­­tween the filing of an election petition and actual voting, making it easier for unions to win elections and more difficult for employers to communicate with employees before the vote.

Lovejoy girls hoops coach sues for discrimination

12/21/2011
A former Lovejoy High School girls basketball coach has filed a lawsuit against the Lovejoy Independent School District alleging that administrators discriminated against her on the basis of her age, race and gender.

What are they drinking at the TABC?

12/21/2011
The Texas Alcoholic Beverage Commission—already rocked by allegations of gay-bashing and sexual assault against underage, undercover agents—now faces a sexual harassment lawsuit from one of its officers.

Mandatory retirement policy costs manufacturer $60,000

12/21/2011

A Houston manufacturer will pay $60,000 and provide other relief to settle an EEOC age discrimination lawsuit. According to the EEOC, Metallic Products Corp. had an unlawful mandatory policy that required em­­ployees to retire when they reached age 70.

10 HR mistakes your employee’s lawyer will try to exploit

12/21/2011
If you’re ever hauled into court to testify in a lawsuit against your organization, what you say, and how you say it, can sink your defense—or help you win. Here are the 10 weaknesses you must be prepared to defend:

Take every lawsuit seriously, even those that seem weak

12/21/2011
Employees with flimsy cases sometimes decide to sue anyway, acting as their own attorneys. No matter how frivolous such a lawsuit seems to be, face it head on and fight for dismissal.