An employee’s Facebook page or Twitter feed may provide significant information to her employer, including what the employee is saying about the employer outside of work. But when is an employee’s tweet or Facebook post protected and when is it grounds for termination? According to recent decisions by the National…
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A former law school classmate posed this question to me today: if an employee is involuntarily* terminated and receives a severance payment, does that preclude the employee from receiving unemployment benefits? The answer is: it depends on whether the payment is considered “severance” or “wages in lieu of notice” under…
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The Texas Supreme Court heard arguments this week in Prairie View A&M University v. Chatha. The issue in the case is whether the Lilly Ledbetter Fair Pay Act (Ledbetter Act) applies to the Texas Commission on Human Rights Act (TCHRA), the state law that mirrors Title VII. The Ledbetter Act…
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In August, global technology giant 3M agreed to pay $3 million to the EEOC to end a nationwide age discrimination law suit. According to the EEOC, 3M laid off many highly paid older employees to make way for younger leaders. The EEOC’s investigation uncovered an employee email describing then-CEO Jim…
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Mediation often occurs at the beginning of the EEOC process, before a lawsuit has been filed or discovery has been conducted, creating unique challenges for employers. Here are my top 5 tips for a successful EEOC mediation. 1. Get the information you need to make a business decision. How strong…
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According to the Fifth Circuit, Title VII’s damages caps apply per person, not per claim. In Black v. Pan American Laboratories, LLC, et al., --- F.3d. ---, 2011 WL 2763096 (5th Cir. July 11, 2011) (not yet released for publication), the employee brought 3 claims of sex discrimination and retaliation…
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In Marsh USA Inc., et al. v. Cook, --- S.W.3d ---, 2011 WL 2517019 (Tex. June 24, 2011) (not yet released for publication), the Texas Supreme Court held that providing stock options to an employee is sufficient consideration to support a noncompete. According to the majority opinion, because the stock…
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I want to thank the Texas Association of Appellate Court Attorneys (TAACA) for having me and my colleague Marc Knisely speak on appellate court judgments at their conference today. What a talented group of lawyers! They asked thoughtful questions and provided suggestions as to how appellate practitioners can better assist appellate…
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Do your company’s policies include an arbitration clause? Is the clause governed by the Federal Arbitration Act (FAA), Texas Arbitration Act (TAA), or both? A recent decision by the Texas Supreme Court, Nafta Traders, Inc. v. Margaret A. Quinn, ___ S.W.3d ___, 2011 WL 1820875 (Tex. May 13, 2011) (not…
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In honor of Equal Pay Day, April 13, 2011, Congress reintroduced the Paycheck Fairness Act. If enacted, the legislation would modify the Equal Pay Act of 1963 (EPA), which amended the Fair Labor Standards Act of 1938. The EPA prohibits employers from paying women less than men for performing equal…
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Since 1952, the International Association of Administrative Professionals (IAAP) has honored office workers by sponsoring Administrative Professionals Week. This year, the IAAP is veering away from the traditional celebration, which has centered on administrative professionals. In light of the recession and resulting downsizing by many employers, the IAAP is encouraging…
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