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Texas

Document poor performance, reasons for discipline

01/17/2020
Always document how employees perform and how you handle discipline. If an employee isn’t doing her job to your expectations, create detailed notes describing exactly what she’s doing wrong.

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.