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Texas

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.

Past good reviews may sink ADA/FMLA defense

05/22/2018
When an employee who has received excellent reviews asks for a disability accommodation, firing her for poor performance is bound to backfire.

ADA & FMLA: Absence does not make the heart grow fonder

05/07/2018
A federal court in Texas has concluded that attendance can be considered an essential function of a job. A disabled worker who can’t make it to work with some regularity simply isn’t qualified; no amount of accommodation can fix that problem.

As early as possible, address every harassment complaint

05/07/2018
It’s essential to respond promptly to every harassment complaint.

Always engage qualified attorney to draw up employment contracts

05/07/2018
Here’s a reminder that drafting employment contracts is best left to the legal experts.