A disclaimer that clearly states an employee has no employment contract may be enough to kill a tortuous interference-with-contract claim.
Most employers understand the importance of doing a fair and thorough in-house investigation when they receive complaints of on-the-job harassment. But many investigators falsely believe they can’t conclude that harassment occurred unless they have independent witnesses to the allegations. So what should you do when confronted with conflicting stories?
Smart employers carefully track FMLA leave and make sure employees know their rights. That includes warning employees when their leave is about to expire and explaining their options for returning or requesting additional time off. By keeping employees informed and meticulously tracking all conversations, you make it harder for someone to successfully sue you.
The adult entertainment business trades on youthful vitality, but there’s no reason an older worker shouldn’t serve drinks in a strip club. So said the EEOC, which just reached a settlement agreement with the owners of Houston’s Cover Girls strip bar after they fired a 56-year-old waitress.
When you warn supervisors not to retaliate against employees who complain about alleged discrimination, include this reminder: Seemingly little things—like increasing the employee’s workload or nit-picking about performance issues—can lead to a retaliation lawsuit.
Don’t assume you won’t have to defend against a discrimination lawsuit just because you win an unemployment compensation case. Retain all records, just in case you need them in court later.
Sometimes, it’s hard to distinguish one applicant from another. That’s especially true for unskilled positions. How do you choose? If one of the factors you use is work history, rest assured it is unlikely your choice will be challenged successfully.
After a discrimination complaint has been found to be without merit, most reasonable employees accept their employer’s conclusions and go back to doing their jobs. But some become bitter, suspecting that HR and management are out to get them and interpreting every subsequent interaction as evidence of a hostile conspiracy. When this happens, the worst thing you can do is play into the fear.
A former secretary at a Nacogdoches vehicle dealership says the sexual harassment there was so severe she had no choice but to quit. That’s the definition of “constructive discharge,” and it’s the basis of the lawsuit Jennifer Burch has filed against Eastex Tractor & Powersports.
Some former employees think that filing a federal lawsuit is the best way to build up their bank accounts after being fired. Their complaints are often short on detail. Courts are beginning to toss out those complaints.