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Texas

Firing reasons: Make sure all statements are consistent

10/01/2006

Nothing will sink a legal defense faster than inconsistent explanations from management about the real reasons for employment decisions. Before anyone makes any statements about a decision, review the facts and make sure everyone is on the same page …

Insubordination policy trumps progressive discipline

10/01/2006

Many employers who have progressive discipline and no-fault attendance programs believe they must stick to progressive discipline for every attendance infraction. But that’s not so …

Hostile work environment depends on nature of job

10/01/2006

Some jobs are more difficult than others, and employees who choose to work in tough fields may have to develop a thicker skin. When it comes to deciding whether a work site fosters a "hostile work environment," courts typically decide whether harassment is objectively abusive based on the circumstances of the worker’s job …

Opting out of workers’ comp? You risk negligence lawsuit

10/01/2006

The federal Employee Retirement Income Security Act (ERISA), which regulates employee benefit plans, usually covers employees’ claims related to their benefits. However, Texas employers who opt out of the state workers’ compensation program may receive a nasty surprise …

No immigration papers = No unemployment check

10/01/2006

Texas employers who fire employees for failing to comply with federal immigration laws needn’t fear that doing so will mean that the employees can later collect unemployment compensation payments. When employees are terminated because they have not provided work authorization papers, you can protest the unemployment application on the basis of "misconduct"…

Outsourcing training? You’ll still pay for injuries

10/01/2006

If you outsource employee training programs that include self-defense or other physically demanding work, be aware that the waivers signed by your employees may mean you will have to pay for any injuries …

On-the-job fatalities increase in Texas, bucking national trend

10/01/2006

Texas employers recorded 495 fatal occupational injuries last year, compared to 440 fatalities in 2004, a 12.5 percent increase, according to a newly released annual report from the Texas Department of Insurance, Division of Workers’ Compensation (DWC) …

Federal contractors: Make sure you’re paying prevailing wages

10/01/2006

A recent U.S. Labor Department action shows how aggressively the federal government is going after employers who don’t follow the letter and spirit of the Service Contract Act. The law requires employers that perform services on federal contracts to pay service employees no less than the wages and benefits prevailing in the locality …

TWC enhances online filing for unemployment claims

10/01/2006

The Texas Workforce Commission (TWC) recently announced that it will allow people to file biweekly continuing claims for unemployment benefits online …

Labor Department settles bias claim against Irving firm

10/01/2006

McCormick & Co., Inc. recently agreed to pay $300,000 in back pay and interest to settle allegations that the company discriminated against female job applicants at its facility in Irving, Texas. As part of the settlement, the company also agreed to hire 27 female applicants for production worker positions …