The HR Specialist: Texas Employment Law

It’s important to carefully track each and every step of the promotion process, including the relative qualifications of those vying for open spots on the corporate ladder. Here’s why: Employees who claim they were unfairly passed over have to show that they were “clearly better qualified” than the chosen candidate …

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Texas law says that employees owe a duty of loyalty to their employers, but can still plan to enter into competition with that employer while still employed. That’s why it’s important to protect your trade secrets and business plans by developing a clear, comprehensive and binding noncompete agreement for employees to sign—one that prohibits the poaching of staff and clients and enforces confidentiality …

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Do you have an employee who works under an employment contract? Does the contract provide you with enough flexibility? For example, have you tied your hands when it comes to work assignments or to whom the employee reports? Is there a mechanism for early termination for cause or other economic reasons? Don’t let the complexities of contract law trip you up …

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File this one under “no good deed goes unpunished.” Michigan grocery clerk John Schultz says he lost his job after trying to thwart the getaway of an alleged shoplifter. The firing offense? Touching a customer …

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While workplace bullying certainly has existed for as long as mean people have worked alongside others, only recently has it emerged as an issue for the courts to handle. As awareness of “workplace bullying” arises, so does potential litigation and liability for employers …

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Q. When a manager takes an extended military leave of absence and I am forced to hire a replacement out of business necessity, am I still required to reinstate the manager upon his or her return to work? …

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Q. If a worker complains that he or she is depressed and needs time off, do I have a duty under the ADA to give the worker leave? …

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Houston’s Texas Medical Center (TMC) has announced it expects to add nearly 30,000 new jobs over the next seven years. The facility already bills itself as the largest medical center in the world with 150,000 patients, employees, students and visitors daily …

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Many Texas employers will see lower unemployment insurance (UI) taxes this year, according to the Texas Workforce Commission. The minimum tax rate, which 62% of Texas employers pay, decreased to 0.22% from 0.29% for the 2008 calendar year …

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On Dec. 4, the Texas Workforce Commission (TWC) announced the creation of Texas Workforce Solutions, a partnership between the TWC and 28 local work force development boards designed to assist Texans returning to civilian life from military service …

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