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Texas

Firing a troublemaker? Focus on concrete business reasons

03/01/2007

When it comes time to fire a difficult employee, focus on clear and easily explained legitimate business reasons for the action you want to take. That means documenting any work problems and relating those problems to the major job functions you hired the employee to perform …

Good records are key to winning retaliation lawsuits

03/01/2007

When it comes to discharging employees, it’s very important to document your decision-making process. Be prepared to show that you followed company disciplinary rules and applied them even-handedly …

Job Stress Can Count as FMLA-Eligible ‘Serious’ Condition

03/01/2007

A court has ruled that an employee’s inability to go to work due to stress and anxiety about a pending termination or other performance issues may be considered a “serious health condition” under the FMLA …

Hire ‘Casual’ Labor? Prepare to Pay for Injuries

03/01/2007

Businesses that hire “casual” labor should be sure to check with their insurance carriers or attorneys to see if they may be liable for any injuries that occur while the casual laborer is employed …

No duty to warn employees of obvious dangers

03/01/2007

In Texas, employers who don’t opt for inclusion in the workers’ comp system are responsible for their employees’ injuries if they fail to warn employees of hazards. But that duty doesn’t extend to obvious dangers …

HIV-Positive trucker settles discrimination case

03/01/2007

A truck driver who is HIV-positive has settled an employment lawsuit against his former employer, E.C. Trading Ltd. He claimed the company cut his hours and then fired him after it learned about his HIV status …

Jury awards $150,000 to worker in Tarrant County retaliation case

03/01/2007

A Tarrant County jury has awarded more than $150,000 in damages to a former animal control officer who sued the city of Burleson for wrongful discharge …

New report offers ideas to provide health coverage to Texas’ uninsured

03/01/2007

The Texas Health Institute recently released a report that provides several cost-effective policy solutions for providing insurance to the 5.6 million state residents who don’t carry health insurance …

State legislature examines health care options as well

03/01/2007

Lt. Gov. David Dewhurst recently announced that the state legislature is looking for ways to amend Texas’ new business tax to enable more employers to provide health benefits for their employees …

Houston manufacturer settles bias lawsuit with 78 employees

03/01/2007

A federal district court judge in Texas recently approved a settlement to resolve allegations of national-origin discrimination against QuietFlex Manufacturing Co …