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Texas

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.

Asking for 3rd medical opinion gets a lawsuit in reply

07/02/2019
Brock Services, a Houston maintenance company, faces an EEOC lawsuit after it terminated a scaffolding team leader due to his impaired vision.

Houston manufacturer maxes out on OSHA fines

07/02/2019
Custom Rubber Products in Houston has earned the dubious distinction of being assessed the maximum fine allowed under the Occupational Safety and Health Act.

Court: 5 weeks off could be reasonable accommodation

07/02/2019
Not every disabled employee can return to work as soon as he’s used up all available leave. Firing him before even considering extra time off as a reasonable accommodation could trigger a failure-to-accommodate lawsuit.

Mistaken termination? Offer reinstatement ASAP

07/02/2019
If you realize you erred in terminating an employee, it usually makes sense to immediately offer to reinstate him.

Court: Merely being transferred to a new location isn’t enough to support a lawsuit

07/02/2019
Employers have the right to manage their workplaces. That includes moving personnel where the employer needs coverage. Such a transfer, under similar conditions and with the same pay and benefits, isn’t an adverse employment action.