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Texas

New law, pending bill extend workers’ rights to use deadly force

05/01/2007

Gov. Rick Perry recently signed new legislation that extends an individual’s right to use force without retreat in the face of a criminal attack. Until now, a 1995 exception to a 1973 statute required persons to retreat except when an intruder unlawfully entered their home. Senate Bill 378, however, extends the right to persons in their vehicles and workplaces as well …

Three workers’ compensation bills pass Texas House

05/01/2007

On March 22, three workers’ compensation bills sponsored by state Rep. Helen Giddings passed the full House …

Report EEOC claims or lose insurance coverage

05/01/2007

The U.S. District Court for the Northern District of Texas has dismissed a lawsuit filed by an employer against its employment practices liability insurance company because the employer didn’t tell the insurer about an EEOC complaint right away …

$18.9 million awarded to widow of welder killed in 2003 blast

05/01/2007

A Dallas jury recently returned a unanimous verdict awarding $18.9 million to the widow of Gordon Rutherford. The negligence and recklessness suit resulted from a January 2003 explosion at TXI Inc. …

A growing problem: Obese workers cost Texas employers $3 billion

05/01/2007

In 2005, obesity cost Texas employers approximately $3.3 billion, including direct health care costs and related costs for employee absenteeism …

Noncompete pacts in Texas: New ruling brings clarity … and questions

05/01/2007

Last October, the Texas Supreme Court ruled employers may require new and existing employees to sign covenants not to compete, even if they are “at will” employees. As long as the employees get something in return for agreeing to the restrictions their employers want, the agreements are legal …

Give documents to terminated employees?

05/01/2007

Q. Must I give employees copies of their reviews, terminations or disciplinary items? They are in their personnel files, but I don’t want them running to an attorney. We are not terminating or disciplining employees with any illegal intent, but these days you can never be too careful. –A.D.

Can we make smokers pay higher premiums?

05/01/2007

Q. I have to admit I am not a fan of smokers, but what really concerns me is the cost they are adding to our benefits programs. I don’t think it is fair to the nonsmokers that their costs should keep going up year after year when it’s likely smokers are fueling a part of that cost. Can I make smokers pay more in premiums?—S.S.

Pay back for training costs

05/01/2007

Q. Training in our field is pretty specialized and expensive. We don’t mind investing in our employees, but want to make sure that we get the benefit of the training. We have a requirement that newly trained employees must continue to work for us for at least six months following their training, or they are required to pay back the company. Our problem is how to make sure they pay it. Can we deduct it from their last paycheck?—D.B.

Quit or fired? That’s the question

05/01/2007

Q. We had an employee who was not working out. We gave her the choice of resigning or being terminated. She chose to resign. We were happy because we understand that an employee who resigns is not entitled to unemployment compensation under Texas law? Are we right?—S.G.