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Texas

Quick action following harassment claim is essential

08/01/2019
When an alleged sexual harasser is a co-worker, employers must take immediate action to investigate. That investigation must be designed to stop any ongoing harassment and prevent future harassment. That means following up with the victim.

Workers’ comp retaliation or a legitimate discharge?

08/01/2019
Firing someone shortly after he makes a workers’ compensation claim means risking a retaliation lawsuit. To defend, the employer must show the court that there was a legitimate, unrelated reason for the termination.

Note exact date you informed employees they would be losing their jobs

08/01/2019
Former employees generally have just 300 days to file an EEOC discrimination complaint, and the clock starts ticking on the last date discrimination occurred. But in the case of an announced termination, the crucial date is when the employee learned she was going to lose her job.

Older worker must sign severance agreement in order to claim OWBPA violation

08/01/2019
Under the Older Workers Benefit Protection Act, employers are required to follow certain rules before getting employees to promise not to sue in exchange for receiving a severance payment. But merely presenting a severance offer that technically doesn’t meet those standards isn’t a separate legal wrong, as a recent case shows.

Warn supervisors: No inappropriate questions for employees who are expecting

08/01/2019
Employers should be careful about intrusive inquiries about a pregnancy, especially those that come from supervisors.

Firing whistleblower? Be clear about timing

08/01/2019
Employers should make sure to note exactly when they terminate a whistleblower. Then they should challenge any whistleblower retaliation complaints filed more than 30 days after that date.

Texas suit challenges EEOC background check rules

08/01/2019
The 5th Circuit Court of Appeals recently heard oral arguments in a case brought by the Texas Attorney General’s Office. The suit challenges 2012 EEOC guidelines on the use of criminal background checks in hiring.

Document problems that justify discipline

07/18/2019
Some employees are more difficult to manage than others. Be sure to document exactly what errors the employee makes and the rules he breaks. Then discipline strictly by the rules.

Must we pay this summer intern?

07/02/2019
Q. We are short-handed this summer and it’s really hard to get employees right now. We want to offer an internship to a college student to help us out. She would gain experience and if she can work it out with her advisor, maybe she can get college credit. Do we have to pay her?

Questions and answers: How to hire in a legally safe way

07/02/2019
If it goes well, hiring a new employee is the beginning of a fruitful working relationship. But hiring can also be a legal minefield in which one wrong step can lead to a costly lawsuit. This Q&A is designed to keep you on the right hiring path.