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Texas

12 Texas companies make Fortune’s ‘best’ list

02/28/2014
Fortune magazine has listed its 100 best companies to work for in 2014, and 12 Lone Star state firms made the cut—including four of the top 20.

Noncompete buried in benefit plan? Admin sets the terms

02/28/2014
Are some of your benefits—such as bonuses or other merit payments at retirement or departure—contingent on complying with a covenant-not-to-complete? Chances are the benefits plan administrator—not a federal court—will be interpreting the terms.

Merely transferring employee to same or similar position isn’t grounds for lawsuit

02/28/2014

Sometimes, the most sensible solution to an ongoing em­­ployee complaint is to transfer the em­­ployee. But some employees may see that as retaliation, especially if the “fresh start” turns out to be a false one. Such a retaliation claim is unlikely to succeed as long as there was no change in title, major job responsibilities, pay and benefits.

RIF results in less workforce diversity? Be ready to prove bias wasn’t the motive

02/28/2014
An employee who has lost his job may look at the resulting workforce and conclude that his race or other protected characteristic was why he was part of the reduction in force. Prepare for such potential charges with solid documentation showing you had a business reason for each position you cut—and that you didn’t consider who held the job.

Believe it or not, you still have to say it: Managers can’t express racial preferences

02/28/2014
By now, you might think no manager would be so stupid as to openly state their reluctance to hire someone of a particular race. Believe it or not, it still happens. When it does, that’s when expensive and time-consuming litigation begins.

Serial FMLA requests? Respond to every one

02/28/2014
Some employees seem to believe that every minor illness is grounds for FMLA leave. If it’s clear an absence is for an illness not covered by the FMLA, say so. That way, an employee can’t later argue that he was unfairly denied leave when you include the absence in the disciplinary process.

Develop process for extending FMLA leave

02/28/2014
Some employees aren’t quite ready to return from FMLA leave after their 12 weeks are up. How you handle their request can make the difference between winning and losing a discrimination lawsuit.

Smell alcohol on employee’s breath? What to do now

02/07/2014
When you smell alcohol on an employee, or receive reports that an employee smells of alcohol, you need to act fast to protect everyone’s safety—but not so fast that you mishandle the situation. Follow these guidelines.

When porn is ‘research,’ First Amendment may apply

02/07/2014
Some professions in the public sector may benefit from constitutional protections more than other employees.

Can we fire worker who gave notice and promptly started slacking off?

02/05/2014
Q. One of our employees gave us a two-week notice because he found another job. However, now the employee is unmotivated and not focused on his work. Can we let him go before the two-week period is up?