Practical HR Tips, News & Advice. Updated Daily.
A straightforward wrongful termination claim resulted in a $2,000 sanction against a lawyer representing a former employee. Why? Inartful use of artificial intelligence (AI). Reading the Rules The federal judges covering the Eastern District of Texas (the eastern part of our state, roughly from Beaumont to Texarkana to Plano) issued a rule on the use […]
As we find ourselves in the last quarter of 2024, we felt it was right to go back to the basics for those navigating the complex landscape of employment law. Understanding these laws helps to protect your business from legal disputes and fosters a positive environment for employees while ensuring compliance and a fair and […]
Conventional wisdom says firing an employee is one of the more difficult decisions for managers and HR. Unconventional wisdom says to think differently. Read on. Thought No. 1: Fire Sooner, Not Later When a new employee isn’t the right hire, act! When there isn’t a good match between your need and their talent, no amount […]
Here’s a tale from the U.S. 5th Circuit Court of Appeals (whose rulings apply to all Texas employers), which told a Texas trial court that it erred in dismissing a Family and Medical Leave Act (FMLA) retaliation lawsuit against the city of Granbury. In deconstructing the appeals court’s opinion, we see how judges—like each and […]
Termination of employment is an inevitable part of business operations. Whether it’s due to performance, company restructuring, or behavioral concerns, letting an employee or contractor go is never an easy decision. Yet, it’s essential for the overall health of the company. In this article, we delve into understanding the signs that indicate it’s time to […]
Q: One of our employees has been arrested but not convicted. It doesn’t appear he’s going to be released in the near future. Is it better to put him in an unpaid “leave” status or fire him? A: Whether an employee who has been arrested should be terminated or placed on unpaid leave depends on the […]
The Consolidated Omnibus Budget Reconciliation Act, which stands for COBRA, has been around for a long time. Still, it remains the source of thorny compliance problems and a fertile ground for litigation. The sheer complexity of the COBRA scheme, and the timing issues involved, can throw off even the most diligent and conscientious employer. COBRA […]
Employers frequently use lead persons who aren’t supervisors with the authority to fire employees. However, problems can arise when employees believe such leads can fire them. A recent case before the Arkansas Court of Appeals illustrates this problem. Background In an unbriefed appeal to the court of appeals, Erin Daniels challenged the Arkansas Board of […]
Discrimination claims are determined by a three-step analysis. Usually, the third step in this analysis—pretext—is key. Despite the ways in which courts have outlined how pretext for discrimination can be proven, there are times when an employee’s evidence of pretext falls short. A recent case from the U.S. 4th Circuit Court of Appeals is a […]
The last year and a half has brought unusual mass movements of people leaving and entering the workplace. Trends have included record breaking resignations, quiet quitting, and most recently, layoffs across industries including tech, financial services, food and beverage, and media. These shifts have led anxious employees to the latest trend of “career cushioning” – […]