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Texas

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?

Can we require overtime work?

10/02/2013
Q. When our business gets busy, is it legal for us to require our nonexempt employees to work overtime on occasion?

How state’s new trade-secret law protects Texas businesses

10/02/2013
The Texas Uniform Trade Secrets Act (TUTSA) took effect on Sept. 1. Trade secrets have long received protection under Texas common law. However, TUTSA gives companies additional safeguards and expands the legal remedies to address harm when a former employee misappropriates trade secrets.

Austin F.D. stops hiring after EEOC claims testing bias

10/02/2013
The Austin Fire Department has stopped hiring candidates from its 2012 candidate list now that the EEOC has declared that its hiring test discriminated against black and Hispanic candidates. The EEOC pointed to disparities in pass rates between the groups.

EEOC: Employer made biased bed, may have to lie in it

10/02/2013
Mattress Firm, a Houston-based bedding retailer, faces charges it discriminated against older workers at its Las Vegas stores. The EEOC has filed suit against the company after efforts to mediate the case failed.

In Laredo, employer pays for miscarriage of justice

10/02/2013
Laredo-based Platinum PTS will pay a former employee $100,000 to settle charges it violated the Pregnancy Discrimination Act. According to her complaint, the former employee was fired after she asked for time off following a miscarriage.

Interview performance can be the hiring tiebreaker

10/02/2013
When several qualified candidates are in the running for a job, you can use interview performance as the deciding factor. Just make sure interviewers note their specific reasons why one applicant seemed better than the others.

Former employee sues? Check bankruptcy filings

10/02/2013
It’s always a good idea to check to see whether an employee who is suing you has filed for bankruptcy. If he didn’t disclose the litigation against your company, he may lose the right to sue.