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Texas

New I-9 form plus no-Match letters complicate hiring process

12/01/2007

The U.S. Citizenship and Immigration Services (USCIS) has just released a revised Form I-9, Employment Eligibility Verification, for immediate use and a new M-274, Handbook for Employers, Instructions for Completing the Form I-9 …

Can we dock sick time for exempt employees?

12/01/2007
Q. Will I risk losing an employee’s exempt status if I deduct from his or her wages for full-day absences of one or more days?

Pre-Employment inquiries and the ADA

12/01/2007

Q. Can an employer ask a job applicant whether he or she can meet the company’s attendance policy? …

What are the rules on access to personnel files for employees outside Texas?

12/01/2007
Q. If a Texas-based company has divisions in several other states, does the Texas law allowing employers to deny employees a look at their personnel files still apply?

Make sure job descriptions accurately list qualifications

11/01/2007

Accurate, up-to-date and comprehensive job descriptions are essential in defending against all manner of employee lawsuits. As the following case shows, you can’t argue that an applicant doesn’t have the necessary experience or education if your job description doesn’t list those qualifications …

Demanding lie detector test isn’t necessarily retaliation

11/01/2007

The 5th Circuit Court of Appeals, which has jurisdiction over Texas employers, has refused to say that Title VII prohibits the use of polygraph examinations in harassment investigations. Now juries get to decide whether forcing an employee to undergo a polygraph exam is retaliation for filing a complaint …

Court: If employees hold the job, they’re ‘Qualified’

11/01/2007

Employers are finding it harder to get age discrimination cases dismissed early. They also are learning that beating age discrimination suits requires rock-solid evidence of fair and equal treatment—and a genuine, legitimate reason for discharging the employee that has nothing to do with age …

If employee makes threats, discipline isn’t retaliation

11/01/2007

You’ve done everything right. You have a solid anti-harassment and discrimination policy, a simple and effective complaint process and you strive to fairly, completely and quickly resolve complaints. But what do you do when the employee who complained doesn’t like the results and blows up? …

It’s not discrimination if worker wasn’t disciplined

11/01/2007

Employees whose employers turn down their requests for time off to attend religious services can’t just run out and sue for religious discrimination. They have a case only if their employers discipline or discharge them for refusing to comply with work requirements—for example, skipping work to attend services …

Manager’s waffling can invalidate otherwise-Legitimate arbitration policy

11/01/2007

Texas employers that want their employees to give up the right to take employment disputes to court must make sure they are clear about that intention. Although employees don’t actually have to sign the agreement to arbitrate, they must understand that the agreement is a condition of employment …