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Texas

$14 million award for Texas victims of human trafficking

03/10/2015
Five foreign guest workers who wound up in Texas will share $14 million as victims of human trafficking. The decision offers lessons for any employer using guest workers.

Establish clear record of who made termination decision and why employee had to go

03/10/2015
Courts don’t like conflicting reasons for termination, or confusion over who made the decision. They want to know exactly who decided the employee should be terminated and why. Create a clear who-and-why record before you fire.

Cracking down on internal theft problem? Be sure to handle criminal checks properly

03/10/2015
Has your workplace experienced an increase in theft? If so, you’re probably exploring loss-prevention measures. While you assess your options, make sure you don’t crack down on employees in ways that will land you in court.

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.