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

Texas

Consult lawyer before firing returning service member

10/31/2013
Members of the armed forces are protected from discharge for being called to duty. That includes those who must take short training leaves. Once released from brief active-duty periods, they must get their jobs back. Firing a returning service member without a solid reason may spark a lawsuit.

No unemployment after rejecting lower-paying job

10/31/2013
Consider this scenario: A former em­­ployee is collecting unemployment. You have an opening that matches his skills and abilities, but which pays less than the previous position. If you make an offer and the former employee rejects it, he may lose his unemployment compensation benefits.

Feel free to change schedules if it will save money or improve operations

10/31/2013
Do you need to change someone’s job duties to economize? Don’t fear that doing so will trigger a lawsuit—as long as you can show the changes were necessary and not just an excuse for discrimination.

Vague or nonexistent harassment policy? In same-sex cases, prepare to pay

10/31/2013
Judges don’t have much patience with employers that don’t understand their obligations to prevent or stop sexual harassment, including same-sex harassment.

Harris Health System pays out $4M for back OT

10/31/2013
Harris Health System in Houston will pay out more than $4 million in back pay after it failed to include incentive pay when calculating overtime for thousands of hourly staff members.

Kroger to pay $450,000 for disability bias in Plano

10/31/2013
A federal jury has awarded $450,000 to a mentally disabled former Kroger grocery store employee in Plano whose manager constantly insulted him. The EEOC filed a disability discrimination lawsuit on the employee’s behalf in 2012.

When bias claims fly, beware lenient courts

10/31/2013
Here’s an important factor to consider when terminating an employee who has recently complained about alleged discrimination of some sort: If she can show at least a tenuous connection between her complaint (like its timing) and her discharge, she will probably be able to proceed with her lawsuit.

Use progressive discipline system to build documentation that justifies termination

10/10/2013
Progressive discipline systems force supervisors to follow the steps in the process, which helps employers document what happened and when. That can come in handy if the employee files an EEOC complaint and then claims she was fired for doing so.

Good faith is good enough for discipline

10/10/2013
When you are investigating em­­ployee wrongdoing and deciding on discipline, you don’t have to get everything exactly right—as long as you act in good faith and aren’t trying to set up someone or use the disciplinary process as a pretext for discrimination.

What rules must we follow if we must lay off work-visa employees?

10/02/2013
Q. Do we have any duties or obligations if we discharge employees who are in the United States on work visas?