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Texas

You don’t always have to be right–just honest

09/08/2010
Don’t fret needlessly that every decision you make is the absolute correct one. What really counts is that you acted fairly and honestly. Good faith is all that is required, as the following case shows.

Don’t write overly broad restrictions into noncompetes

09/08/2010
Noncompete covenants in Texas must be limited to a reasonable geographic area or they aren’t enforceable. Unfortunately for employers, that geographic area is usually fairly small.

Cut slack on notification requirement when emergency clearly signals FMLA need

09/08/2010
When it comes to FMLA leave, many employers have internal procedures that are somewhat stricter than those specified in the FMLA. That doesn’t mean, however, that employers shouldn’t be flexible under emergency circumstances. Holding an employee to an impossible requirement won’t fly with courts.

When employee complains of bias or harassment, beware acting in ways that look like retaliation

09/08/2010
An employee who files an EEOC or internal complaint about alleged discrimination or harassment might quite naturally be nervous that her action will result in adverse consequences. That’s why employers have to be certain that any discipline, demotion or changes in working conditions can be justified for valid business reasons before they are implemented.

Texas judge tells strikers to stop sticker campaign

09/08/2010
A Texas judge has ordered members of the United Food and Commercial Workers union to stop placing stickers airing their grievances on jars of Mott’s apple juice and other beverages made by Mott’s parent company, Dr Pepper Snapple.

Check for good faith if ‘whistle-blower’ sues

09/08/2010
The Texas Whistleblower Act creates a presumption that anyone terminated or otherwise disciplined within 90 days of whistle-blowing was punished for reporting the violation. That’s why whistle-blowing can look like an attractive safeguard for an employee who is already facing potential discipline. Fortunately, the employee has to make a good-faith report before the law’s protection kicks in.

Lateral transfer denied? Employee could sue

09/08/2010

Generally, being denied a lateral transfer can’t be the basis for a discrimination lawsuit because it isn’t an adverse employment action. However, sometimes employees try to make that case—and succeed. If the transfer would have provided other benefits that can’t be directly measured in dollars and cents, a court may consider the case as one of a denied promotion.

Remind bosses: Handle FMLA requests stoically, even if they’ll cause scheduling problems

08/20/2010
An employee’s request to take FMLA leave can be frustrating for supervisors who have to manage schedules and projects. But if they voice those concerns in a way that seems angry or annoyed, they may be creating the perfect storm for an FMLA interference lawsuit. Remind them to accept FMLA requests professionally, without emotion.

How to safely handle calls for references, recommendations

08/03/2010

The unemployment rate has been hovering between 9% and 10% for more than a year. Some of those unemployed people probably once worked for you—and they would probably love to list you as a reference. That means it’s time to make sure you have policies on how to handle reference-check calls.

Does the ADA allow us to look into dangers posed by employee’s recurring medical crises?

08/02/2010
Q. About once a month, one of our employees faints, is taken to the hospital by ambulance and is released to return to work—without restrictions. These recurring incidents are affecting our productivity, and we’re worried about the employee’s health. The employee has claimed the episodes are induced by workplace stress. What should we do?