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Texas

Second Opinion on Fitness-for-Duty Certificate

01/01/2007

Q. We have an employee returning from FMLA leave. His physician issued a fitness-for-duty certificate, but we question the worker’s ability to perform his old job because the length of his absence was too short for him to recover completely. Further, the fitness-for-duty certificate simply states that he is “able” to work, without addressing his specific job duties. Can we send him to another physician for a second fitness-for-duty examination? —A.L.

Pregnancy shouldn’t affect employees’ discipline

01/01/2007

Q. If an employee is already on probation when she becomes pregnant, how does an employer continue with progressive discipline measures, including possible discharge? —P.A.

Must we give a fired employee his personnel file?

01/01/2007

Q. I recently discharged an employee for performance problems. At the end of the termination meeting, he asked for a copy of his personnel file. Do I have to give discharged employees a copy of their personnel files? —B.N.

FMLA: All managers can face personal liability for leave mistakes

01/01/2007

If you’re looking for incentives to get managers and supervisors to pay attention during FMLA training sessions, look no further. Simply point out that they can be held personally liable if they deny FMLA benefits to which an employee is entitled …

New govt. guidance on protecting staff from avian flu

12/01/2006

Dire warnings of avian flu outbreaks have some employers and employees spooked. So OSHA just unveiled new safety and health guidance on occupational exposure to avian flu and practical recommendations on ways to avoid infection …

When disciplining employees, equality is vital

12/01/2006

The mantra in real estate is “location, location, location.” But the mantra in employee discipline must always be “consistency, consistency, consistency” …

Texas court clarifies new definition of ‘Retaliation’

12/01/2006

Just a few months ago, the U.S. Supreme Court established a broad new legal standard for judging whether an employer has retaliated against an employee for complaining about discrimination (Burlington Northern v. White). Now, the 5th Circuit Court of Appeals has applied the standard to its first retaliation case after the Supreme Court decision. The news is good for employers …

Make sure your arbitration agreement is valid in Texas

12/01/2006

Arbitration agreements, in which employees give up their rights to go to court and instead submit their cases to arbitration, can be a great way to avoid unpredictable juries, negative publicity and the expense of a full-blown lawsuit. But if the agreement isn’t worded just right, you may end up with more expense and lost time rather than less …

Denial of lateral transfer isn’t an ‘Adverse job action’

12/01/2006

Employees who think a supervisor is treating them unfairly and suspect discrimination often will look for an escape. One tactic is to ask for a transfer to another department or location. Don’t think that you’re required to acquiesce …

Workplace stats can help disprove discrimination intent

12/01/2006

Nothing rankles employers more than being accused of discrimination when the statistics show that their workplace is a model of diversity and equal opportunity. You can turn those statistics in your favor …