Category Archives: Employment Litigation

Quality Documentation

Posted on March 2, 2016 in Consulting, Employment Litigation

There is an old adage in HR: document, document, document.   A better motto is good documentation beats a bad claim.  Only well written documentation matters when an employer is trying to win an unemployment claim, fight off a claim by … Continue reading

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Posted on August 28, 2014 in Consulting, Employment Litigation

Every employer may be compelled at some point to investigate an employee complaint of harassment or discrimination.  There are simple guidelines to follow when investigating a claim: interview all known witnesses, obtain written statements, and document disciplinary action.  In this … Continue reading

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Three Tips for Avoiding the Courthouse in 2014

Posted on January 22, 2014 in Consulting, Employment Litigation

I help employers avoid the courthouse.  Keeping in the spirit of my mission, I decided my first newsletter of the year should provide three simple steps employers should take now to make 2014 a positive workplace experience.  Conduct Sexual Harassment … Continue reading

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LAW AND DISORDER: The EEOC Attacks Employer Use of Criminal Convictions in the Hiring Process

Posted on September 25, 2013 in Compliance, Employment Litigation

  On June 11, 2013, the EEOC sued Dollar General and BMW for barring from employment persons who have been convicted of certain crimes.  The EEOC argues in these cases and other suits that a policy barring persons from employment … Continue reading

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NON-COMPETES: The Employer Perspective

Posted on July 12, 2013 in Consulting, Employment Litigation

Nothing infuriates employers more than an employee taking a book of business to a competitor.  The antagonism escalates after digging through the departing employee’s personal file only to learn he or she never executed a non-compete.  Fortunately, employers can rectify … Continue reading

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NON-COMPETES: The Employee Perspective

Posted on June 5, 2013 in Consulting, Employment Litigation

Nothing evokes more emotion in the arena of employment matters like non-competes. People who signed a non-compete later expound about unfairness and being unable to make a living. Employers willingly take hypocritical positions when it comes to non-competes. They want … Continue reading

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Facebook in the Workplace

Posted on January 19, 2012 in Compliance, Consulting, Employment Litigation

Facebook turns 8 on February 4, 2012.  In that relatively short period of time, social media has dramatically changed the workplace.   The long-term implications are only beginning to surface.  This newsletter discusses five critical issues employers should consider as we … Continue reading

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Avoiding landmines with employee leaves of absences under the ADA, FMLA, and Worker’s Compensation

Posted on September 28, 2011 in Consulting, Employment Litigation

 Employees may seek a leave of absence under the Family and Medical Leave Act (“FMLA”), the Americans with Disabilities Act (“ADA”), or the Texas Workers’ Compensation Act (“TWCA”), and in some cases, under several or all of these statutes simultaneously.  … Continue reading

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Avoiding Pitfalls with 1099 Workers

Posted on March 15, 2011 in Employment Litigation

Perhaps the most common misconception in employment law is this: by paying someone as an independent contractor, an employer avoids liability under various federal and state laws.  For example, the overtime requirements of the Fair Labor Standards Act (FLSA) only … Continue reading

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Winning Unemployment Claims

Posted on December 1, 2010 in Employment Litigation

Winning unemployment claims starts with the same advice my wife regularly shares regarding our three children: pick your battles. Employers should first ask whether particular claims for unemployment are worth fighting. When is a person ineligible for unemployment benefits? The … Continue reading

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