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Texas

What are we up against? We’re being sued for misappropriation of trade secrets!

04/13/2015
Q. I recently hired someone who previously worked at a competitor’s company for some time. When she began working for me, she made some great suggestions regarding new business strategies, processes and products for us to implement. Now, a few months later, her former company is suing me for misappropriation of trade secrets. What does this mean?

Employee has to miss work for jury duty: Am I allowed to terminate him?

04/13/2015
Q. One of my employees has informed me that she received a jury duty summons and must be absent from work to serve. Can I discharge my employee for being absent from work while serving as a juror?

Are we liable for negligent hiring if employee had criminal conviction?

04/13/2015
Q. Recently, one of my employees accidentally injured a client while operating a forklift during work hours. The client is now threatening to sue me for negligent hiring of this employee, because the employee has a prior—and unrelated—conviction. Does this accusation have legal grounds?

Is that employment action adverse? 5th Circuit won’t say

04/13/2015
Not every slight, indignity or inconvenience experienced in the workplace is sufficient to meet the standard set by the ADEA, Title VII of the Civil Rights Act of 1964 or other state or federal law. Even so, where does one draw the line?

Texas legislation would protect LGBT employees

04/13/2015
Texas Sen. Jose Rodriguez has proposed a bill barring discrimination against the state’s lesbian, gay, bisexual and transgender employees.

Keep on top of litigation or face instant liability

04/13/2015
One of the worst things you can do when facing a lawsuit is to ignore legal paperwork that comes your way. As one employer recently learned, missing a single deadline can mean you have no defense and simply have to cough up damages.

Put that phone interview on speaker–and be sure to have a witness!

04/13/2015

When it comes to hiring, it may seem simpler to screen potential applicants via a phone interview. But such conversations lend themselves to misunderstandings. If you must conduct them, do so via speaker and with more than one person participating. That way, the applicant can’t make wild claims when she isn’t hired.

Prepare to justify termination by citing business reasons unrelated to FMLA leave

04/13/2015
Employees on FMLA don’t earn protection against legitimate discipline for reasons unrelated to FMLA leave.

Downsizing oil companies could see gusher of litigation

04/13/2015
Falling oil prices have forced many energy companies to cut their workforces until the market recovers. Former employees on the receiving ends of those cuts could try to recover lost income through lawsuits.

Safety first if you opt out of workers’ comp

04/13/2015

Employers that opt out the Texas workers’ compensation system may be liable for negligence and face potentially lengthy and complex litigation when an employee is hurt on the job. The best defense may be to follow all OSHA and state workplace safety rules.