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Texas

Employment Lawyer Network:
Texas

Michael W. Fox (Editor)

Texas Employment Law

Michael.Fox@OgletreeDeakins.com
(512) 344-4711

Click for Full Bio

Michael W. Fox, Esq., of Ogletree Deakins in Austin, has more than 30 years of experience representing employers. He has been Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization since 1980 and is a Fellow in the College of Labor and Employment Lawyers. He has been regularly listed in the Best Lawyers in America in Labor and Employment Law, as a Texas Monthly ’Super Lawyer’ in employment litigation.

Factor past discipline into firing decision

03/10/2015
Employees fired for violating workplace rules can still sue over some alleged form of discrimination, even if they were indeed guilty of breaking company rules. Be ready to counter such allegations by always documenting exactly why you determined the employee should lose his job.

Where in Texas do ‘ban the box’ laws apply?

02/10/2015
Q. I have been hearing a lot about “ban the box” laws lately—measures that limit when inquiry or investigation may be made into the criminal history of a job applicant. I am worried about how these laws could affect my business. To what extent has Texas adopted such policies, and could they endanger my company?

Can we require owner-employees of a business we’re buying to sign noncompete agreements?

02/10/2015
Q. My company is in the process of purchasing a small printing business, and we plan to retain several of the owner-employees of the acquired business. As a part of the purchase-and-sale agreement, we would like to take steps to protect our customer base by restricting the competitive activities of the owner-employees for five years. Additionally, we are interested in restricting the activities of an employee who is not a party to the transaction, but is married to one of the owners of the business. May we do so? What are some basics about noncompete agreements?

Texas ADA payouts nearly doubled over past five years

02/10/2015
A recent study of EEOC ADA en­­force­­ment actions has revealed that Texas employers paid out $9.7 million to employees in 2013. That’s up sharply from $5.4 million in 2009.

Houston bakery sued for refusing to hire non-Hispanics

02/10/2015
The EEOC alleges that Houston-based Lawler Foods violated Title VII of the Civil Rights Act by carrying out a pattern and practice of refusing to hire non-Hispanic applicants.

Beware slow-to-emerge need for accommodation

02/10/2015
Can you reject an applicant you previously agreed to hire because you discover a disability you don’t think you can accommodate? Maybe—but expect a court fight.

Constitution doesn’t protect workplace cliques

02/10/2015
Public employees have some workplace protections based on constitutional rights to free speech and association. But those rights don’t extend to the right to be part of a co-worker clique.

It could be retaliation: Think twice before forcing transfer that greatly affects commute

02/10/2015

Employees who complain about alleged discrimination, either to their employer or to an agency such as the EEOC, are protected from retaliation. Ordinarily, that re­quires a so-called adverse employment action like discharge or demotion. Lesser actions, such as a lateral transfer, don’t count.

When cooperation drops as discipline escalates, OK to fire for insubordination

02/10/2015

Some employees don’t take discipline well. What may have started as a reprimand over a rule violation or poor work can quickly escalate for one of these workers. Don’t be afraid to increase the disciplinary consequences if the em­­ployee won’t cooperate or accept correction.

Don’t hide behind your handbook! Formal harassment complaint isn’t required

02/10/2015
Here’s something to remember when planning your sexual har­­assment training sessions for management: Be sure everyone understands that they must report any sexual har­­assment complaints employees make—even if the employees don’t follow the procedures for reporting sexual harassment laid out in the employee handbook or company policies.