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

Texas

It’s always OK to fire for insubordination

08/07/2013
Some employees just aren’t team players. In some jobs, that doesn’t really matter. But in others, it does—and employers have the right to expect employees to get along with others, including their supervisors. If they can’t or won’t, it’s perfectly legal to terminate for insubordination.

Document stressful work conditions to defend against retaliation claim

08/05/2013

Some jobs are inherently more stressful than others and some positions require careful supervision. Employees with such jobs may feel anxious and under constant scrutiny. That can be an unexpected benefit should an employee claim some form of harassment based on sex, race, disability or other protected membership.

When it comes to discipline, details matter

07/30/2013
Here’s an important reminder for HR professionals and managers who must investigate employee misconduct and decide on appropriate discipline. Don’t forget to provide a detailed account of what happened, whom you interviewed and how you arrived at an appropriate punishment. Make sure similar misconduct results in similar consequences.

Employee won’t cooperate with investigation? That’s legitimate grounds for discharge

07/17/2013
You can reasonably expect em­­ployees to cooperate with internal investigations so you can get all the facts and make well-informed decisions. You can and should discipline workers who won’t assist.

Zip it! Keep all investigations confidential

07/17/2013
Employees who participate in internal investigations into discrimination charges are protected from retaliation. That’s why it’s good policy to keep investigations confidential. Don’t divulge the names of cooperating employees to anyone who doesn’t need to know.

Who pays for required work uniforms?

06/26/2013
Q. We are considering instituting a uniform policy at our workplace. We would like to require our employees to pay for their own uniforms. Is this legal? Could we also require employees to maintain their own uniforms?

New Texas law provides more protection for your trade secrets

06/26/2013
Under the newly enacted Texas Uniform Trade Secrets Act, you will have more recourse when someone misappropriates your intellectual property. Starting Sept. 1, this new statute provides companies with greater protection for their trade secrets and expands the available legal remedies to address actual and anticipated harm.

Plastic surgery practice can’t put a pretty face on this case

06/26/2013
A Dallas plastic surgery center has agreed to pay $315,000 to settle charges that it unlawfully fired two employees and then sued one of them in state court after she sought help from the NLRB.

Racism, bias allegations roil Texas Parks and Wildlife

06/26/2013
A black game warden-in-training—one of only two black cadets in her class—has filed an EEOC discrimination complaint against the Texas Parks and Wildlife Department. At the same time, the EEOC also granted a white game warden permission to file a federal lawsuit alleging that supervisors instructed him to “distance himself” from black colleagues.

Hidden liability: Understand the risks of negligent hiring

06/26/2013
You know there are certain questions you just can’t ask job applicants. Typically, they expose your organization to charges of hiring bias. But using discretion in the hiring process doesn’t mean you should give up on the practice of thoroughly investigating the background of candidates for certain jobs in which a rogue worker could harm other people.