• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly
Connection failed: SQLSTATE[HY000] [2002] No such file or directory

Texas

Counter employee perception of unfairness by offering the facts of what really happened

05/06/2019
Some employees are suspicious that their co-workers might be getting workplace advantages that they’re missing out on. Fortunately, courts require feelings to be backed up by cold, hard facts showing discrimination.

Protect against future lawsuits by documenting details of every complaint

05/06/2019
Employees who complain about alleged discriminatory practices to their supervisors, HR or anyone else inside the organization in a position of authority are protected from retaliation for doing so. But they have to later show that they actually did at least mention discrimination.

Feel free to call out poor performance: Criticizing workplace mistakes isn’t harassment

05/06/2019
Employees can’t successfully claim that being pushed to do a better job—or even being shamed and ridiculed about their work habits—is anything but an unpleasant consequence of doing a lousy job.

OSHA: Killeen, Texas gun range ordered to get the lead out

04/16/2019
Workers at a gun range in Killeen, Texas were exposed to unsafe lead levels, according to the U.S. Department of Labor’s Occupational Safety and Health Administration.

Never deny benefits because of prior FMLA leave

04/16/2019
An employer who didn’t provide paid leave because of past absenteeism now faces a retaliation lawsuit.

Avoid preconceptions about what disabled employees can and cannot do

04/16/2019
Stick to the tasks you’ve identified as essential. Don’t change the list of essential job functions based on what you think you know about the disability.

How to trigger discrimination lawsuit: Strip job duties, create miserable conditions

04/16/2019
A lawsuit may be justified when an employer strips someone’s job duties and relegates them to performing menial tasks in worse conditions than others have to endure.

Reasonable accommodation offered and refused? You have met your ADA obligations

04/16/2019
If it’s clear there’s no reasonable accommodation that will allow the worker to perform his present job, then the employer is free to offer another position he can perform, even if it pays less. If the worker refuses the offer, then he has ended the interactive process.

Know when more ‘ADA leave’ is unreasonable

04/16/2019
Time off can be a reasonable ADA accommodation. But it’s not reasonable to grant leave if it won’t help the worker return to work on a regular basis, when her presence is essential.

Warning letter doesn’t count as retaliation

04/15/2019
Retaliation must include an adverse employment action such as termination, demotion or some other substantial and negative action like transfer to an undesirable shift. A mere letter of warning doesn’t rise to the required level of adversity.