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Texas

Employers beware! ICE doubles worksite enforcement investigations

06/12/2018
ICE plans another wave of I-9 audits this summer, likely bringing the total number of investigations to more than 5,000 by the end of fiscal year 2018.

OSHA, AESC renew petroleum industry safety partnership

06/12/2018
The three-year alliance renewal will extend efforts to reduce and prevent exposure to well servicing hazards, and provide training resources for member companies and their employees.

Rowlett, Texas bar to pay $20,000 to settles pregnancy bias suit

06/12/2018
The owner of Nick’s Sports Grille in Rowlett, outside Dallas, has agreed to settle charges it discriminated against a pregnant bartender who was fired after she could no longer fit into the bar’s skimpy uniform.

Wrongfully termination? Do the math before deciding not to take employee back

06/12/2018
When an employer is found to have discriminated against a worker who was terminated, two big questions arise: whether the remedy will be reinstatement or payment of so-called front pay—the amount the employee would have earned had he not been fired.

Review handbook for at-will conflicts

06/12/2018
If an employee has a contract with his employer that specifically limits his discharge, then at-will employment does not apply. This situation can get tricky if your employee handbook lacks a contract disclaimer or contains language that seems to limit your right to fire employees.

OK to offer option to work during FMLA leave

06/07/2018
You can’t require employees to work when they are out on FMLA leave. However, you can offer them the option of doing some work, as long as it is not presented as a condition of continued employment.

Settlement offer? Track other side’s response

06/07/2018
When an employee files an EEOC complaint or otherwise indicates that a lawsuit may be coming, it sometimes makes sense to settle out of court. If you decide to go that route, make careful notes on every step in the process.

Greater experience is a legitimate reason to punish one employee more harshly than another

06/06/2018
Employees who have worked for their employer for a long time can be expected to know the rules and abide by them, while a new employee may not be as aware. That’s a legitimate reason to punish one employee more harshly than another. Just be sure you document the reason for differing punishments.

Explain different discipline for same offense

06/06/2018
If an employee can show that a worker who received more favorable treatment didn’t belong to the same protected classification, he has a potentially viable lawsuit. This is where details matter.

Patience and good records beat frivolous lawsuits

05/22/2018
Some poor performers don’t view their prob­­lems the same way supervisors do. They often fight back with frivolous lawsuits. Be prepared for those legal salvos by constantly maintaining documentation of employee performance.