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Texas

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.

A genuine child-Support court order?

05/01/2007

Q. In this morning’s mail I received a letter from some group I have never heard of, asking for payroll information on an employee. The letter said, “This information is necessary to enforce court-ordered child support.” It does not say that it is a subpoena or a garnishment, and there is no court order or any kind of a waiver from the employee. I have already tossed it in the trash, but I don’t want to do something wrong. Do I need to dig it out?—S.W.

Employ ‘Casual’ Workers? Stem Discrimination Lawsuits by Tracking Assignments You Offer

05/01/2007

If you regularly hire “casual” workers for short assignments, it’s a good idea to keep careful track of the assignments you offer. You should monitor and record how many assignments each worker accepts and rejects …

RIF after FMLA leave? Possible, but proceed with caution

04/01/2007

If you terminate an employee soon after he or she has returned from FMLA leave, you open yourself to charges of retaliation …

Don’t let your lawsuit fears prevent necessary discipline

04/01/2007

It’s a dilemma faced by many HR professionals: Discipline an employee who has engaged in a “protected activity” (like union organizing), and you risk a retaliation lawsuit …

In RIFs, Show That Economics (Not Age) Drove Your Decision

04/01/2007

Age discrimination cases are on the rise, with more employees suing under the federal Age Discrimination in Employment Act and the Texas Commission on Human Rights Act …

To prevent retaliation claim, check back within weeks following employee’s complaint

04/01/2007

Employees who come to HR with discrimination complaints may already have talked to a lawyer. They may be building a case and just waiting for someone to make a mistake. It’s your job to make sure that doesn’t happen …

If you handle insurance enrollment, be alert to liability for lost, late paperwork

04/01/2007

When employers assume substantial benefit-administration duties, they may be liable when the proper paperwork doesn’t get to where it should. Because federal law imposes a fiduciary obligation on benefit administrators, employers may be sued when they assume the administrator’s role …

Ignoring Harassment Policy Can Lead to Double-Trouble

04/01/2007

Texas employees and their attorneys have found a way around the federal caps on damages in sexual-harassment cases. Instead of going to federal court, plaintiffs sue in Texas state courts under the Texas Labor Code and add claims of negligent hiring, retention and supervision …

Opted out of workers’ comp system? Be careful of verbal authorizations

04/01/2007

If your organization has opted not to participate in the Texas workers’ compensation system, but you still authorize treatment for work-related injuries, make sure you track how and when you give employees permission to seek treatment …