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With employment litigation rising steadily, the employee handbook has become an essential tool in the employer’s arsenal to defend against liability for employment decisions. A good handbook tells employees what the rules are and how they will be enforced ...
It's retaliatory to take an adverse employment action against employees because they've filed discrimination complaints, although such employees are not completely shielded. Here are six not-so-clear-cut situations to test your retaliation knowledge:
Q. We have a handful of employees who clock in early, (i.e., 5:00 p.m.) but don’t actually start working until their scheduled time (6:00 p.m.). Do we have to pay them when they do this?
OSHA has ordered AirTran, a subsidiary of Dallas-based Southwest Airlines, to pay $1 million in damages after it found the airline retaliated against a pilot who reported safety problems.
Here’s a tip that doesn’t cost anything to implement and may prevent a lawsuit: When employees return from an illness, medical leave or other absences, make them feel welcome—and don’t publicly focus on any lingering problems.
It’s complicated to determine who is an independent contractor and who is an employee. Someone you consider a contractor may turn out to be an employee under the Texas Commission on Human Rights Act (TCHRA)—and the TCHRA may cover you if those contractors turn out to be employees.
If you engage independent contractors, you may include a “choice of law” clause in your contracts, designating which state’s laws will apply should a dispute arise. But that doesn’t mean courts will always agree to the jurisdiction you prefer.
Employees and their lawyers are always looking for new reasons to sue. Lately, there’s been an increase in efforts to cast terminations as public-policy violations.
Q. We want to hire someone who signed a noncompete agreement with his current employer. He asked us to indemnify him in the event his employer sues him. What are the legal risks associated with agreeing to indemnify him?
Employers that leak information related to employee lawsuits can wind up doing more harm than good if the publicity prompts a jury to jack up awarded damages.