• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly
Connection failed: SQLSTATE[HY000] [2002] No such file or directory

Texas

Church wages don’t count toward unemployment benefits

05/28/2014
Employees can’t count their work histories with religious organizations when seeking unemployment benefits.

Employee can’t sue customer for retaliation

05/28/2014

An employee recently tried to claim that a customer had retaliated against her for griping on the job. It didn’t work.

State Supreme Court reaffirms: At-will employment is the Texas standard

05/28/2014
The Texas Supreme Court was recently asked by the 5th Circuit Court of Appeals to determine the status of at-will employment in Texas. The Texas High Court made it very clear that at-will employment is the standard in the state. Employees can’t sue former employers for fraud if they “promise” continued employment and but then fail to deliver.

Check calendar on every harassment claim

05/28/2014
Employees typically have to file EEOC complaints within 300 days. Some attorneys think they can get around that rule by shopping around for other laws on which to base their lawsuits. Typically, they try to find a common-law tort to fit the situation, giving them much more time to sue. Now that avenue has been blocked.

Union seeks voice in Austin firefighter settlement

05/28/2014
The Austin Firefighters Association wants to be part of the city’s negotiation with the U.S. Department of Justice to settle long-smoldering claims that the city fire department’s hiring process discriminates against black and Hispanic applicants.

Warn hiring committee: Never discuss decision-making process with candidates

05/28/2014

If you haven’t already, warn everyone who serves on hiring committees or is otherwise involved in hiring-related decisions to keep their thoughts to themselves. For example, they should never discuss the inner workings of the ­hiring process with candidates.

Follow 6 steps to set up alternative dispute resolution process

05/07/2014
So, you’re thinking about creating a program to help settle employee conflicts in-house. That’s smart. A successful alternative dispute-resolution (ADR) program lets you identify and address problems while they’re still manageable and before they land in court. Here’s a six-step process for establishing an ADR program.

Survive most lawsuits by being able to cite solid, documented reasons for termination

05/07/2014

Courts like to see that ­employers pause before firing an employee accused of breaking a rule and then document their investigation carefully. Interviewing the employee should be routine in most disciplinary cases. Temporarily suspending an employee before making a final decision also shows the court that the process was fair.

Is ‘stress’ an FMLA serious condition?

05/01/2014
Q. One of our employees is complaining of “stress and anxiety.” Is that enough to put us on notice of a serious health condition under the FMLA?

Is the government moving to address restrictions on employee discussion of wages?

05/01/2014
Q. We heard that the president recently took action on whether employees are permitted to discuss compensation. Are there any new requirements on employers with regard to these kinds of conversations?