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Texas

OK to withhold commissions from employees who violate fiduciary obligations

01/07/2010

The Texas Payday Act allows employees to sue for commissions earned but unpaid after termination. But that doesn’t mean that employees are always owed such commissions. If they violated their fiduciary duty to their employers by disclosing confidential information to a competitor, it’s legitimate to withhold pay.

Legal compliance starts at the very beginning—with hiring

01/05/2010

Protecting yourself and your organization from lawsuits starts the minute you decide to hire someone. Potential lawsuit land mines line your path. To stay out of court, build your hiring process around these principles:

What’s the law on hiring a private eye to check for workers’ comp fraud?

01/01/2010

Q. We suspect one of our employees has filed a fraudulent workers’ compensation claim. We would like to hire a private investigator to gather information on the worker’s activities. What laws would govern that decision?

Keep the faith: You can accommodate religions in the workplace

12/15/2009

Two employees ask their boss to ax the company Christmas tree. A worker refuses to trim his dreadlocks, saying they are essential to his practice of Rastafari. A cashier insists she has a right to tell customers, “Have a blessed day.” Those cases have all wound up being tried in court. Employers can’t treat employees differently because of their religion, but that doesn’t mean religious accommodation is easy.

What’s up, doc? How to collect medical info under FMLA rules

12/10/2009
To determine whether an employee or family member has a condition that meets the FMLA’s definition of “serious health condition,” employers should review the medical certification they receive from the employee’s health care provider. One key section of the updated FMLA regulations clarifies who may request additional information about an employee’s FMLA certification—and how it should be sought.

Make sure your e-communication policy covers social networks

12/08/2009

The widespread use of blogs and social networking web sites such as Facebook, MySpace, LinkedIn and Twitter has employers worried about what their employees are keyboarding and texting. Employers must develop electronic communications policies to cope with the new technology.

Tell harassment victims: Report any retaliation

12/03/2009

Even an exhaustive investigation into sexual harassment allegations may not provide enough information to conclusively determine whether harassment actually occurred. That doesn’t mean you can forget the whole thing. Instead, you must explain to the employee who reported the problem what steps you did take. And you must urge her to report any action she believes is retaliation.

Shield complainer during harassment probe

12/03/2009

When a supervisor allegedly harasses a subordinate, all kinds of things can go wrong. But handled improperly, all fingers often point to employer liability. That’s why it’s vital to act quickly on any subordinate complaint.

Discipline ‘protected’ employee—but document why you treated similar offenses differently

12/03/2009

When it comes to discipline, the primary rule is to treat similar rule violations alike. That means you’ll have to punish all kinds of people for misbehaving, even if they’re members of a protected class. Don’t hesitate to do so if their behavior warrants it.

Courts say, ‘Enough!’: Employees must file all related claims at same time

12/03/2009

Courts are cracking down on serial lawsuits, and the result is good news for employers. A former employee who sues and then loses his case can’t keep coming up with new claims to base new lawsuits on. If the new claims are based on the same set of facts—even if they involve an entirely different legal angle—courts are ruling the claims should have been brought together.