On June 13, 2013, Governor Rick Perry signed H.B. 1188, codified under Texas Civil Practice & Remedies Code § 142.001, et seq., that is designed to limit claims against employers for negligent hiring and supervision of employees. Pursuant to § 142.002 of the Texas Civil Practice & Remedies Code, an employer may not be liable […]
Statutory Limitations on Claims for Negligent Hiring and Supervision
Potential Liability for Third Party Harassment
It’s not just your own employees that can get you sued for harassment. An employer can be sued for sexual third party harassment arising out of conduct committed by customers, suppliers, joint venturers, and other third parties that interact with their workforce. A recent Fourth Circuit case reinforced the concept that employers can be liable […]
Workplace Violence: 5 Steps to Avoid Legal Liability
The National Institute for Occupational Safety and Health (NIOSH) defines workplace violence as “violent acts (including physical assaults and threats of assaults) directed toward persons at work or on duty.” Violent crime in the workplace has become more and more common. From shootings to stabbings, employers are having to address a multitude of employee violence […]
Discussing Wages: “So, how much do you get paid?”
Putting tact aside, many employees ask their co-workers how much they get paid. And for a variety reasons, many employers discourage their employees from disclosing or sharing wage or salary information with their co-workers. Some employers still have formal policies prohibiting such disclosure among co-workers, while others try to do so informally by having managers and supervisors squelch […]
March Madness for Employers: Prohibition of Operating a Betting Scheme
The 2014 NCAA Men’s Division I Basketball Tournament, affectionately referred to as “March Madness,” begins today. The NCAA Tournament garners millions of viewers and advertising dollars. Along with March Madness comes office betting pools related to the NCAA Tournament. Estimates project that more than $2.5 billion will be wagered on the NCAA Tournament. Some estimates […]
Strictly Confidential – Yes, This Includes Facebook Too!
It is very common to include a provision in a settlement agreement that the terms of the settlement shall remain confidential. Employers have an obvious interest in not making this information readily known to other current and prospective employees. This point was made clear in a recent Florida state court ruling. After settling an age […]
Who Should Conduct An Investigation Of Employee Misconduct And The Role Of Confidentiality
In our last post, we discussed the reasons for conducting an investigation of employee misconduct. This post addresses who should conduct the investigation and concerns related to confidentiality surrounding investigations of employee misconduct. Who Should Conduct The Investigation? The first step related to investigating a complaint of harassment is to determine who should undertake the […]
Why It Is Important To Have A Written Policy Regarding Investigating Employee Misconduct
A young female employee walks into the office of the Director of Human Resources and states that her older, male supervisor recently made inappropriate sexual remark to her. What does the company do now? The employer should immediately develop a plan to investigate the claim and take appropriate action. Why You Should Investigate Claims Of […]
Employee Termination: Ten Steps to Remember
Texas is an employment at-will state. Therefore, you would think that terminating an employee in Texas should be an easy proposition. After all, you can terminate an employee for any reason, or no reason, as long as you are not doing so for an improper purpose (such as race, gender, etc.). However, the employee termination […]