The HR Specialist: Texas Employment Law

Dallas District Attorney Susan Hawk, who admits she has a history of mental illness and drug abuse, checked herself into an inpatient treatment facility. Now, she maintains she is back on the job and fully capable of performing it. Not everyone agrees.

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A recent case found that a mere one-year age difference wasn’t generally enough to show age discrimination.

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Phased implementation of the ACA has kept employers busy over the past few years. Here’s your cheat sheet and some tips for what’s ahead.

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In the all-out battle to recruit and retain the best qualified, most highly motivated and loyal workforce, more organizations are experimenting with taking a radically flexible approach to monitoring employees’ vacation and personal leave—or even abandoning such tracking entirely.

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Once you have an accommodation in place for a disabled employee, don’t suddenly take it away. If the accommodation has been working, that may spur an ADA lawsuit.

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The battle to collect the largest EEOC verdict on record continues. A U.S. district judge has overridden a confidential settlement involving a Texas land deal that would have re-directed over half a million dollars away from a class of 32 intellectually disabled former employees of Hill Country Farms.

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The Texas Supreme Court has ruled that simply complaining to one’s boss  about allegedly illegal activity is not whistle-blowing protected by the Texas Whistleblower Act. Employees must inform law enforcement.

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A truck driver who is required to maintain U.S. Department of Transportation certification can’t sue his employer for disability discrimination if terminated without first pursuing remedies through the DOT. Until he’s done so, he isn’t “qualified” for the position and can’t sue for alleged disability discrimination.

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Austin, Tx.-based e-MDs, which develops software for managing medical practices, faces charges it terminated an employee because she took maternity leave.

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If you use an arbitration agreement for Texas employees, be aware that including terms that limit the kinds of relief employees can seek in arbitration aren’t legal.

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