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Texas

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.”

Beware altering job description during RIF

05/03/2017
If you are engaged in a reduction in force and rewrite a job description so an older employee is eliminated because she lacks a requirement in the new description, she could sue you and easily win in court.

Bias claims can advance based on little evidence

05/03/2017
Former employees don’t need much evidence to get through the first phase of a discrimination claim. A few allegations are all that’s necessary.

How to stop lawsuits from failed candidates: Document why you hired the successful one

05/03/2017
Are you prepared to defend each decision not to hire someone? Be sure you can explain why the person you did pick was the most qualified applicant.

Sued for age bias? Prepare to prove the employee wasn’t performing the job

05/03/2017
Before going forward with an age discrimination lawsuit, an employee must show he is old enough to be covered by age bias laws, was replaced by a younger worker and was qualified for the job he held.

Make sure supervisors understand their responsibility to stop racial harassment

05/03/2017
Managers and supervisors must be trained to understand that comments tinged with racism aren’t ever appropriate in the workplace.