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Texas

Do we have an age discrimination risk if employee can no longer perform his job?

07/07/2014
Q. Jim has been a security guard for my company for over 20 years, and has always performed his duties without problem. Since his 60th birthday a few years ago, however, Jim has become steadily less able to walk the required distances during his rounds, and has also been forgetting crucial requirements of his position. Am I allowed to discharge him?

Supreme Court rules public employee’s sworn testimony is protected

07/07/2014
On June 19, declaring that “pub­­lic employees do not renounce their citizenship when they accept employment,” the U.S. Supreme Court held that the First Amend­­ment protects a public employee’s truthful sworn testimony, compelled by subpoena.

IRS limits dumping employees on ACA exchanges

07/07/2014
Employers contemplating simply giving employees tax-free cash to purchase health insurance on public exchanges will have to rethink that plan in light of new IRS regulations implementing the Affordable Care Act.

TGI Fridays served with class-action lawsuit

07/07/2014
Hospitality giant Carlson Res­­tau­­rants, headquartered in Caroll­­ton, faces a class-action suit alleging numerous Fair Labor Standards Act violations at TGI Fridays restaurants nationwide.

NLRB dings Fort Worth company for contract violation

07/07/2014
Three employees of FTSS Joint Ven­­ture will receive $105,000 in back pay and damages after the NLRB ruled the company violated the National Labor Relations Act when it unilaterally eliminated one job and created new, lower-paying positions to replace those held by the employees.

Houston City Council passes anti-discrimination measure

07/07/2014
Houston employers have a new local anti-discrimination ordinance to comply with. In addition to the classes protected by federal and state law, Houston now protects employees from discrimination based on familial status, marital status, gender identity and sexual orientation.

Complaint lacks details? Don’t demand more

07/07/2014
Some employees don’t get help with their potential employment lawsuits until after the EEOC has tossed out their complaints. By then, it may be too late—unless the employer makes a common mistake and pushes for more details. Instead, let it go. That way, you might win the case even if the claim was potentially valid.

Don’t discuss discipline with employees’ co-workers

07/07/2014
Sometimes, keeping quiet is the best approach. That’s certainly true when you discipline or terminate employees for poor performance. Bad-mouthing an employee won’t do any good and may mean a needless lawsuit if the employee’s reputation suffers.

Thinking about skipping workers’ comp? Get ready to risk unlimited liability

07/07/2014
Here’s something to consider before you choose not to be a part of the Texas workers’ compensation system. Employers that forego coverage—as they are permitted to do—leave open the possibility of unlimited liability and have few defenses available.

Remind supervisors: You don’t tolerate name-calling, especially when it’s race-based

07/07/2014
If there is one thing that will get a federal judge’s attention, it’s name-calling that targets a particular race or ethnicity. While one comment may not be enough for a lawsuit, repeated name-calling almost certainly demonstrates hostility. That’s especially true if a supervisor makes the comments.