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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.

Employer doesn’t have to prove poor performance

01/17/2020
When it comes to whether an em­­ployee is meeting employer expectations, courts almost never look closely at the specifics of that performance. If the employer honestly believes the worker isn’t doing her job, the court won’t second guess.

Details matter when deciding if retaliation occurred

01/15/2020
Workers are shielded from retaliation for engaging in protected activity like complaining about alleged discrimination. Be prepared to show that anything unpleasant they experience isn’t punishment.

Limited duty may be reasonable accommodation

01/15/2020
A limited-duty assignment may be a reasonable accommodation, even if the worker doesn’t like the change. It’s not disability discrimination.

Remote workers out-of-state? Prepare to address jurisdictional issues

01/15/2020
These days, it’s not unusual to hire employees who live and work in another state. Telecommuting arrangements raise potential employment law compliance problems for employers.

Clear harassment policies, reporting procedures protect both victims and employers

01/15/2020
Employers sometimes assume that the safest course of action is to fire any employee accused of harassment. But that can be a painful choice if the employee is hard to replace or is otherwise a good worker.

In San Antonio, ‘English-only’ rule exposed even more bias

01/15/2020
Former owners of La Cantera Resort and Spa in San Antonio have agreed to pay more than $2.5 million to settle EEOC national-origin discrimination charges.

Document poor performance as it happens

01/14/2020
It’s essential for supervisors to document poor performance at the time it happens. Don’t wait until you’re ready to terminate a worker to start building a paper trail. You won’t get away with it in court.

Prevent bias lawsuits: Never simply rubber-stamp boss’s discipline recommendation

12/26/2019
Before approving a supervisor’s recommended disciplinary action, HR should conduct an independent investigation. It needn’t be extensive, but it’s essential to document that you checked into the facts of the case.

Smiley Dental supervisor frowned on pregnancy

12/10/2019
Smiley Dental in Dallas has agreed to settle EEOC pregnancy discrimination charges that arose after a receptionist informed her boss she was pregnant a month after being hired.

On Instagram, more ass than kick, and not masterminds

12/10/2019
An Austin marketing firm called Kickass Masterminds has been forced to backpedal after it used a photo from a job applicant’s Instagram account as an example of what the company did not want in an employee.