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Texas

Secret formula for firing can be challenged in court

06/13/2017
Public employees may have constitutionally protected property interests in their jobs and the right to due process before losing their jobs. A federal court has now ruled that using a secret algorithm to determine whether a public employee will lose her job may violate that right to due process.

OK to fire if employee is indefinitely unable to work for medical reasons

06/13/2017
An employee who had a long history of filing internal discrimination claims has lost a retaliation lawsuit. She alleged her employer retaliated against her when it terminated her after she missed work for medical reasons, an absence her doctor believed might last indefinitely.

Feel free to ‘fire’ volunteers, just make sure you don’t defame them

06/13/2017
When a volunteer for a nonprofit organization is “fired” from his voluntary position and the organization subsequently reports the circumstances to his actual employer, resulting in his termination, can the volunteer sue the nonprofit for tortious interference with his employment contract?

ADA and Texas disability law differ: No state right to medical confidentiality

06/13/2017
Texas courts interpreting Chapter 21 of the Texas Labor Code generally attempt to interpret it consistently with federal anti-discrimination laws. They frequently look to federal court decisions for guidance. However, there are differences between Texas and federal anti-discrimination laws.

Texas Supreme Court rules on disability

06/13/2017
The Texas Supreme Court has reversed a lower court’s decision that urinary incontinence is not a disability under the state’s disability discrimination laws.

Document performance to beat bias claims

06/13/2017
When a fired employee claims he was the victim of discrimination, be prepared to show that the real reason for termination was poor performance. That requires keeping detailed documentation of any work deficiencies.

How does the H-1B visa process work?

05/03/2017
Q. We have searched in the U.S. for a worker to fit a very specialized position at our company to no avail. We are considering using the H-1B program next year. How does the “lottery” process work?

Can we require seven straight days of work in Texas?

05/03/2017
Q. Can I schedule employees to work every day of the week during our accounting firm’s busy season, or must I give them Sundays off?

Is there any law that prohibits scheduling back-to-back closing and opening shifts in Texas?

05/03/2017
Q. When one of our two store managers goes on vacation, we want the other to cover both opening and closing shifts for a few days. However, this would give her only seven hours of rest between shifts. How much time between shifts must we give employees under Texas law?

Trump order overturns federal contractor ‘blacklisting rule’

05/03/2017
President Trump has overturned yet another Obama-era executive order when he scrapped the federal contractor “blacklisting rule.”