Welcome to Texas Business Matters! Today we talk about another commonly-held myth that prevents employers from acting on a credible claim of sexual harassment—specifically, that of the “Superstar” harasser. The “Superstar” harasser is an employee believed to be too valuable to terminate. Think … [Read more...] about The Myth of the “Superstar” Harasser: What Employers Fail to Understand
Hiring and Firing
Employer Disaster Plan: What To Do When an Employee Has Stolen Trade Secrets and There Is No Non-Compete Agreement
Trade secrets are the kind of information that, if end up in the hands of a competitor, could spell disaster for your business. A common example is the Coca Cola recipe. Other examples include customer lists, pricing information, and business strategies. Under Texas law, it is illegal for an … [Read more...] about Employer Disaster Plan: What To Do When an Employee Has Stolen Trade Secrets and There Is No Non-Compete Agreement
Plaintiff-Friendly Statute Allows Private Whistleblower Claims by Nursing Home Workers
In Texas, if you work for a private employer, it is often perfectly legal for the employer to fire you for reporting illegal activity. However, there are some notable exceptions to this general rule. One is section 260A.014 of the Texas Health and Safety Code. This 2011 statute prohibits … [Read more...] about Plaintiff-Friendly Statute Allows Private Whistleblower Claims by Nursing Home Workers
Guns in the Workplace: A Primer for Texas Employers
As we approach the holidays, I’d like to discuss a subject near and dear to the heart of many Texans: guns. Traditionally, Texas law provided that an employer could prevent employees from bringing guns onto the employer's property, including the employer's parking lot. But did you know that in … [Read more...] about Guns in the Workplace: A Primer for Texas Employers
Does Your Texas Business Need EPLI?
Picture this: you have a small business with more than fifteen employees. Tough economic times require you to lay someone off. You lay someone off who happens to be female. She sues for sex discrimination. You now have to hire an attorney to defend the claim. The attorney wants a retainer of $10,000 … [Read more...] about Does Your Texas Business Need EPLI?
In Texas, Can Employers Require Employees to Turn Over Social Media Passwords?
This week, I was on the national Internet radio program Money for Lunch, talking about hot topics in labor, employment, and business law. The first question I was asked was whether, in Texas, an employer can make an employee or potential hire turn over his/her social media password(s). In a word, … [Read more...] about In Texas, Can Employers Require Employees to Turn Over Social Media Passwords?
“Real Evil Look” Insufficient to Establish Hostile Work Environment
Last week, the Fifth Circuit affirmed summary judgment granted in favor of the employer in a discrimination case. In this case, the employee complained that the employer’s decision to give her the second highest possible, but not the highest possible, rating on a performance review was age, race, … [Read more...] about “Real Evil Look” Insufficient to Establish Hostile Work Environment
In Texas, Does Severance Pay Preclude Unemployment Benefits?
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 … [Read more...] about In Texas, Does Severance Pay Preclude Unemployment Benefits?
Severance Savvy 101 for Employers
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 … [Read more...] about Severance Savvy 101 for Employers