In many states, an employee’s accrued, but unused vacation time must be paid on termination of employment. However, under longstanding Texas law, an employee is not entitled to be paid for accrued, but unused vacation, on termination of employment unless the employee has a written agreement with the employee to do so or employer has a specific
Drafting Effective Workplace Performance Documentation
In the trial of most employment discrimination, harassment or retaliation cases, the employer’s documentation of its actions is critical. An employer defending against these claims will need to be able to prove to a jury that it was its legitimate nondiscriminatory or non-retaliatory reason that motivated its actions as opposed to unlawful animus. Contemporaneous written documentation of an
Employer Policies Should Prohibit Distracted Driving
Driving home recently, I was nearly run off the road by another commuter. This driver appeared to be driving with her knees while text messaging on her phone. As I avoided the swerving car and slowed to let the other driver proceed on her merry way, it was clear that this driver never noticed that she almost caused a collision.
Texas Expands Employment Rights for Disabled
This legislative session the Texas Legislature passed, and the Governor signed, amendments that significantly expands the scope of the Texas Commission on Human Rights Act ("Act") as it relates to individuals with disabilities.
The amendment provides that:
- The definition of "disability" is to be broadly construed to the maximum extent possible and shall include impairments that are episodic
Offer Letter Do’s and Don’ts
Texas does not require employers to provide a prospective employee with a formal offer letter. Many employers choose to do so to avoid misunderstandings and clarify some of the important aspects of the proposed employment. For employers that use offer letters, here are a few items that an employer should consider including in every offer letter.
- Identify the job title,
Dallas Court of Appeals Holds that Award of Stock Options to Employee May Not Be Sufficient to Support Covenant not to Compete
In a recent opinion of the Dallas Court of Appeals, the Court held that an insurance brokerage and consulting service firm’s noncompetition and nonsolicitation agreement obtained in return for an award of stock options to an employee was unenforceable under Texas law. (See opinion here).
Rex Cook was a long-term employee of Marsh USA, Inc. Prior
2008 Term U.S. Supreme Court Wrap-up
The U.S. Supreme Court completed its 2008-09 term. On the docket were five cases of interest dealing with employment law. Here is a summary of the holdings in those cases.
- Crawford v. Metropolitan Gov’t of Nashville and Davidson County, Tenn., (2009) An employee’s participation in an employer’s internal harassment investigation by responding to the employer’s questions may constitute protected oppositional activity under Title
Minimum Wage Set to Increase
On July 24, 2009, the federal minimum wage will increase to $7.25 per hour. All Texas employers covered by the Fair Labor Standards Act —i.e., employers engaged in any industry affecting commerce, must pay at least the new minimum wage beginning on July 24, 2009.
Lower Your Texas Unemployment Taxes
In this post I want to outline a series of steps an employer can implement that may decrease its unemployment tax rate and taxes. The state unemployment tax rate is the only tax rate that an employer can effectively control. Because the tax rate is calculated over a three year rolling average, it may take a year or two to start
U.S. Supreme Court Holds City Discriminated Against White Connecticut Firefighters
In one of the most anticipated employment discrimination cases in years, the U.S. Supreme Court held that the City of New Haven discriminated against non-minority firefighters when it chose to ignore the test results of a racially-neutral promotional exam because too few minorities scored high enough on the test to be considered for promotion. I previously wrote about this case and outlined