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Texas

Employee won discrimination case? Understand bias laws’ cap on punitive damages

09/02/2011

Employees who win discrimination cases are sometimes entitled to punitive damages if their employer’s actions were egregious. But those damages are capped based on the employer’s size. Now the 5th Circuit Court of Appeals has clarified that the cap applies to all claims brought by the same party, even if she wins on several claims.

OK to lay off worker who’s out on FMLA leave if it’s a business necessity

09/02/2011

Some employees assume that they will always get their jobs back after taking FMLA leave. Usually that’s true, but not always. Take, for example, a case in which an employer needs to lay off workers. An employee’s FMLA status doesn’t necessarily protect her job in such a situation.

Make sure supervisors understand: Do not ­discourage employees from using FMLA

09/02/2011
The FMLA gives eligible em­­ployees an absolute right to take leave and prohibits employers from discouraging employees from taking that leave. Anything that dissuades employees from using FMLA leave is grounds for litigation.

Brief tenure, quick settlement with El Paso Starbucks

09/02/2011
Elsa Sallard, a dwarf who worked as a barista at an El Paso Starbucks, has settled her lawsuit against the company for $75,000. Sallard claimed Starbucks fired her after just three days on the job when she asked to stand on a stool behind the counter.

Don’t fear old, properly resolved complaint

09/02/2011

When faced with discipline and the possibility of getting fired, some employees try to revive old complaints that have long since been resolved. They hope that resurrecting an old complaint will make their employer think twice about terminating. But employers are entitled to get work done. Don’t let a ploy like this prevent legitimate and necessary discipline.

Beware double damages when sued under EPA

09/02/2011
Here’s something to consider when reviewing your pay and compensation packages: Employers that lose an Equal Pay Act claim may end up paying double damages.

Texas Supreme Court relaxes rules on noncompete agreements

07/29/2011
A new Texas Supreme Court ruling on covenants not to compete is good news for employers. The court’s decision in Marsh USA v. Cook moved away from technical questions of contractual enforceability and emphasized the core question of whether the scope of such covenants is reasonable.

Capitol Hill aide sues Houston congresswoman for disability bias

07/29/2011
A former Capitol Hill staffer is suing U.S. Rep. Sheila Jackson Lee for disability discrimination, alleging that the congresswoman from Houston ridiculed her poor vision and reading disabilities and failed to accommodate her.

Lawsuit: Denton elder care routinely biased against men

07/29/2011
A man who applied for work at the Denton State School is suing the Texas Department of Aging and Dis­ability Services, claiming gender bias. His claim: The school just won’t hire men for some positions.

On the emotional edge: 4 tips for responding to employee rants

07/29/2011

Disciplinary and termination meetings are emotionally charged events that carry the potential for nasty words, hurt feelings and even legal troubles. You never know how employees will respond. But you need to be prepared for anything. Four do’s and don’ts to defuse rants and avoid lawsuits: