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Texas

Employment Lawyer Network:
Texas

Michael W. Fox (Editor)

Texas Employment Law

Michael.Fox@OgletreeDeakins.com
(512) 344-4711

Click for Full Bio

Michael W. Fox, Esq., of Ogletree Deakins in Austin, has more than 30 years of experience representing employers. He has been Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization since 1980 and is a Fellow in the College of Labor and Employment Lawyers. He has been regularly listed in the Best Lawyers in America in Labor and Employment Law, as a Texas Monthly ’Super Lawyer’ in employment litigation.

Respect the results of outside investigations into complaints

03/26/2019
Be prepared to honor the findings of outside investigators you hire to get to the bottom of internal complaints. Accept the results and act immediately to remedy the situation.

Cite specifics to document poor performance

03/26/2019
When disciplining workers, consider the potential for lawsuits. Assume that anyone you terminate might sue.

Staffer’s assault claims cost Jackson Lee two House posts

03/06/2019
Texas Rep. Sheila Jackson Lee has agreed to step down from two positions in the U.S. House of Representatives after a former Capitol Hill staffer filed a lawsuit alleging she had been fired for reporting she was sexually assaulted by a co-worker.

Lawsuit: No place to express breast milk at KFC

03/06/2019
A Texas company that owns Kentucky Fried Chicken franchises in Delaware faces a sex discrimination lawsuit charging that it denied an employee the opportunity to pump breast milk.

Employee death triggers $422K fine for Dallas contractor

03/06/2019
RKM Utility Services faces $422,006 in fines from OSHA after one of its employees died from hydrogen sulfide gas exposure on a company worksite.

Workers’ comp: What happens in Texas stays in Texas

03/06/2019
Employees claiming retaliation for making a workers’ compensation claim in Texas can’t make a federal case out of it. Such claims must be heard in state courts.

Is that hate speech … or merely offensive?

03/06/2019
When it comes to offensive speech at work, context matters. Simply put, some terms have a history as expressions of racial hatred and bigotry. Therefore, they’re always inappropriate. However, other terms are not so fraught with hatred; they are just offensive.

Need to lay off older employee? You can do so without violating age discrimination laws

03/06/2019
Eliminating an older worker’s job doesn’t necessarily mean you are committing age discrimination—as long as you don’t replace the worker with someone substantially younger.

Light duty for pregnant employees? Not if you don’t offer it to other disabled workers

03/06/2019
Pregnant employees are entitled to light-duty assignments if the employer allows other disabled employees to be assigned to temporary light-duty positions. But what if no such work is available?

FMLA: Keep records of all absences, whether or not they were approved

03/06/2019
Sloppy attendance record-keeping can lead to lengthy and expensive litigation. Particular trouble awaits if you fire an employee for poor attendance around the time she requests or takes FMLA leave. That almost guarantees a lawsuit.