The HR Specialist: Texas Employment Law

A federal court has refused to entertain overturning a 5th Circuit Court of Appeals decision that says filing a counterclaim to a lawsuit or even a separate lawsuit against an employee isn’t the basis for a retaliation claim.

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An employee who alleges he suffered retaliation for engaging in protected activity can still lose the case even if he proves the retaliation would have dissuaded a reasonable employee from complaining in the first place.

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A federal court in Texas has concluded that the federal ERISA doesn’t necessarily preempt state insurance laws that limit certain provisions in insurance plans.

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Slights and on-the-job isolation are not enough for an employee to make out a case for retaliation for reporting discrimination or participating in litigation against one’s employer.

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Employers aren’t required to create new positions to meet a disabled employee’s needs, but they must consider the employee for open positions that he or she may be qualified to perform.

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When a salaried employee works a different schedule, you must make sure your system captures the deviation and adjusts the paycheck accordingly.

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Don’t let an employee tell you he should be excused from appropriate workplace behavior because of a disability.

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Houston nightclub hotspot Diallo’s faces an EEOC lawsuit after the owner allegedly insisted an employee prove she was HIV-negative.

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Here are some strategies for minimizing the potential for alcohol-related misconduct.

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Even if union members quit their union, they still have the right to be represented in workplace disputes.

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