by Larry D. Smith, Esq., Ogletree Deakins, San Antonio
Employers occasionally become dejected over the prospects of defending against tort and other civil claims in state courts. However, a recent case out of Houston reaffirms that employers can and do win these kinds of cases—if they have implemented the appropriate policies.
A salesman’s assault
In Ogunbanjo v. Don McGill of West Houston, Ltd., the Texas Court of Appeals for the 1st District considered a lower court’s decision to grant summary judgment in the employer’s favor in a case over an employee’s assault on a customer. In October 2011, the plaintiff-customer took her car to be serviced at the defendant’s dealership. She dropped off her car and was told to wait for the driver of the dealership’s shuttle to take her home.
While she was in the waiting room, one of the dealership’s car salesmen approached the customer and offered to give her a ride home. After the two ...(register to read more)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Are we allowed to fire a mentally ill employee who makes threats?
- Know the leave factors to consider when the FMLA and the ADA might both apply
- Pennsylvania Whistleblower Act requires verdict from judge, not jury
- New OT rules: Determine how bonuses fit into regular rates of pay