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Texas

Evaluating employee performance without creating legal liability

08/01/2007

Performance evaluations are important tools to help employers gauge whether employees are performing at expected levels. They can help organizations spot talent and leadership potential, while identifying areas where employees need extra training and support. Evaluations also can protect employers from frivolous lawsuits filed by employees who claim they’ve been demoted, fired or otherwise unfairly treated when the real reason was poor performance …

Can you make payroll deductions for missing company property?

08/01/2007

Texas employers frequently face problems associated with retrieving company property from disgruntled former employees. Let’s use a hypothetical scenario to answer questions on whether or when you can make payroll deductions for the missing property …

Restaurant caught in birthday suit, now it must pay

07/30/2007

Religious discrimination can take many forms, including, apparently the forced singing of "Happy Birthday" to that embarrassed-looking guy sitting with his buddies in the booth by the window.

FMLA obligation ends when worker says he won’t return

07/01/2007

The FMLA guarantees a qualified employee up to 12 weeks’ unpaid leave and the right to return to the same job (or a substantially similar one) after the leave ends. But employees don’t always return …

Qualify for professional exemption? Check job, not degree

07/01/2007

The Fair Labor Standards Act (FLSA) requires that employees who work more than 40 hours a week receive overtime for the extra hours. But many jobs and positions are exempt from FLSA OT rules …

Hypersensitive employee doesn’t get special protection

07/01/2007

Most organizations realize they have to take reasonable steps to stamp out sexual harassment. Their efforts have probably done a lot to wipe out the most blatant examples,  but what about more subtle harassment? …

Suggest alternative job, and let employee get clearance

07/01/2007

When a disabled employee asks for an accommodation, your organization is supposed to discuss the request and make suggestions …

‘Last straw’ justification OK if you can prove earlier problems

07/01/2007

Sometimes, it’s the little things that finally lead to termination. An employee may have had performance issues and attitude problems for a long time, yet hasn’t been discharged …

Suggest FMLA if worker says illness causing work problems

07/01/2007

An employee who has been performing well and then seems to act out of character may be suffering from a disability or a serious health condition. But suggesting a disability when there isn’t one is NOT a good idea …

Make sure not to defame an employee when issuing ‘Security bulletin’ after termination

07/01/2007

Workplace violence is a serious problem, and employees who have been fired may sometimes overreact …