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Texas

Law prof sues for retaliation in wake of husband’s own suit

06/01/2009

Law instructor Rosanne Platt has filed an EEOC and Texas Workforce Commission Civil Rights Division lawsuit against her former employer, the St. Mary’s University School of Law. Platt alleges that her contract was not renewed after her husband filed a lawsuit against the San Antonio law school.

CDC: 20% in U.S. have some disability

06/01/2009

According to the U.S. Centers for Disease Control and Prevention (CDC), one in five Americans has a disability. The agency said it expects that number to grow as the U.S. population’s average age rises.

Are you ill prepared? 13 steps to stay ahead of the H1N1 virus

06/01/2009

In light of the H1N1 virus pandemic scare, now’s the time to make sure your organization has an effective pandemic plan in place. As public health officials prepare for a vaccination campaign this fall, here are 13 steps you can take to deal with H1N1.

Are noncompete agreements legitimate in Texas?

06/01/2009

Q. Can noncompetition agreements be enforced against at-will employees in Texas?

Must we pay out unused vacation days when we fire employees or they quit?

06/01/2009

Q. Is an employer required to pay workers for their unused vacation days when they resign or are terminated?

Immigration crackdown targets employers—not illegal workers

05/27/2009

Fulfilling a pledge President Obama made during the 2008 campaign, the Department of Homeland Security has announced its immigration enforcement activities will target employers that hire undocumented workers instead of focusing on arresting and deporting the workers.

Support exempt decisions with job analysis

05/06/2009

If an employee asks to be reclassified from nonexempt to exempt, make sure you carefully look at her position to determine her proper classification. If you have a legitimate reason for your classification decision, chances are she won’t be able to win a claim that you discriminated when you refused to reclassify her as an exempt employee.

Boss who hired also fired? Back it up anyway

05/06/2009

Most of the time, employers can win discrimination cases by showing that the same “actor” hired and fired an employee. Courts generally assume that the employer’s stated reason for discharge is the true reason and not an excuse to cover up discrimination. That doesn’t mean, however, that you can be loose with your discharge reasons.

Investigate in good faith and your credibility call will stand—even if wrong

05/06/2009

When employers investigate discrimination claims, they don’t have to act like courts of criminal law, deciding whether an employee is telling the truth “beyond a reasonable doubt.” Don’t feel paralyzed if a discrimination investigation boils down to one employee’s word against another’s. Use your best judgment to decide who is telling the truth and go with that judgment.

Check for retaliation before disciplining employee who requested ADA accommodations

05/06/2009

Do you have a manager who wants to discipline an employee who just requested a reasonable accommodation under the ADA? Before you approve the discipline, make sure the manager can document past problems or that the discipline is warranted based on a serious rule infraction that has happened since the request.