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Articles by The HR Specialist: Texas Employment Law

Everything’s bigger in Texas – including employer liability. Aggressive attorneys don’t stop with federal laws like FMLA, ADA and FLSA: they use state and local living-wage statutes, rural codes, plus discrimination and other laws to sue employers for sky’s-the-limit damages. This Texas-specific newsletter arrives monthly to help sue-proof every aspect of HR. Written in plain English, it’s your insurance policy for staying in step with current interpretations of state and local laws – and staying out of court. Learn more about HR Specialist: Texas Employment Law and the free report you’ll get when you subscribe...

The HR Specialist: Texas Employment Law

Don’t tolerate insubordination, rudeness

by The HR Specialist: Texas Employment Law on February 11, 2012 9:00am

in Discrimination and Harassment, Firing, Human Resources

You know her—the abrasive em­­ployee who’s just plain hard to work with. Employers sometimes fear disciplining such employees, thinking that any legitimate criticism will be perceived as some sort of discrimination. Stop living in fear.

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Is it a personality conflict or discrimination? Let investigation guide your response

by The HR Specialist: Texas Employment Law on January 28, 2012 11:00am

in Discrimination and Harassment, Workplace Communication, Workplace Conflict

There are times when a supervisor and a subordinate simply can’t get along. It’s important for HR to distinguish between a personality conflict and discrimination. The former is cause for concern because it is disruptive and counterproductive. But the latter must be dealt with immediately and firmly—because it’s illegal.

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10 HR mistakes your employee’s lawyer will try to exploit

by The HR Specialist: Texas Employment Law on January 27, 2012 9:00am

in Centerpiece, Employment Law, HR Management, Human Resources

If you’re ever hauled into court to testify in a lawsuit against your organization, what you say, and how you say it, can sink your defense—or help you win. Here are the 10 weaknesses you must be prepared to defend:

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Even if jobs seem quite similar, feel free to use different hiring criteria

by The HR Specialist: Texas Employment Law on January 22, 2012 1:30am

in Discrimination and Harassment, Hiring, Human Resources

Employers sometimes have several similar jobs that require almost identical skills, certificates or training. But that doesn’t mean that all these positions can’t have different hiring requirements. Just make sure you can justify the differences.

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Safety first if alleged sex offender applies

by The HR Specialist: Texas Employment Law on January 22, 2012 1:30am

in Discrimination and Harassment, Hiring, Human Resources

An employer that knows an applicant has been accused of sexual harassment or abuse can use that as grounds for refusing to hire. That’s true even if the applicant was never found criminally guilty or lost a lawsuit based on the allegations.

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Texas’ new ‘Loser Pays Law’: Employers score a win

by The HR Specialist: Texas Employment Law on January 22, 2012 1:00am

in Employment Law, Human Resources

Texas employers have long been frustrated with the expense of defending against frivolous claims. Even when employers win a lawsuit, litigation can cost thousands in legal fees and lost productivity. Now at least some help is on the way. The Texas Legislature has passed the much-hyped “Loser Pays Law.”

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TCC headed for court after prof alleges anti-gay bias

by The HR Specialist: Texas Employment Law on January 22, 2012 1:00am

in Discrimination and Harassment, Human Resources

With help from lawyers at Lambda Legal, which works to protect the legal rights of gay employees, a former temporary professor is suing Tarrant County College, alleging that officials blocked her bid for a full-time professorship because she is a lesbian.

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Texas health care firms sued for health-related firings

by The HR Specialist: Texas Employment Law on January 22, 2012 1:00am

in FMLA Guidelines, Human Resources, Maternity Leave Laws

Workers at two Texas health care companies are suing, alleging in separate lawsuits that their employers discriminated against them because of health-related issues. One suit claims pregnancy discrimination and FMLA interference, while the other says a worker was fired just before she was scheduled to undergo a costly surgical procedure.

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With no explanation for firing, man files reverse-bias lawsuit

by The HR Specialist: Texas Employment Law on January 22, 2012 1:00am

in Discrimination and Harassment, Firing, Human Resources

A white man who was fired from his management position at a McKinney manufacturer is suing his former employer for reverse discrimination, claiming he was let go to clear the way for a black employee to take the job.

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‘Ministerial exception’ applies to music director

by The HR Specialist: Texas Employment Law on January 22, 2012 1:00am

in Discrimination and Harassment, Human Resources

If yours is a religious organization, many employment discrimination laws may not apply to some employees who perform “ministerial” work.

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