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Texas

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?

What’s our legal defense? Working here would be dangerous for ill applicant

08/02/2010
Q. When a job applicant took a post-offer physical, he learned he has hepatitis C. The position he is seeking at our oil refinery would expose him to chemicals that could be harmful to his liver. If we refuse to hire him and he alleges disability discrimination, will we be able to utilize the “direct threat” defense?

Trucking companies unload $50K to settle retaliation suit

08/02/2010
Two Texas transportation brokerage companies have agreed to pay $50,000 to settle an EEOC discrimination lawsuit. The suit centered on allegations of harassment and retaliation at Amino Transport and Chariot Express, Dallas-based trucking companies.

Former employees take big bite out of Texas Dental Association

08/02/2010
Two former employees of the Texas Dental Association are $900,000 richer after receiving back pay in a settlement agreement brokered by the National Labor Relations Board.

Records retention: Know what to keep, what’s safe to toss

08/02/2010
If there’s one thing all HR pros share, it’s probably a love/hate relationship with paper and paperwork. You know you need good records, but you also need to get rid of them periodically. That’s what a records-retention schedule will help you do.