Retaliation cases can be more difficult for employers to defend because “revenge” is a motive easily understood and identified with. From a purely legal standpoint, retaliation cases are also more problematic to defend because of the wider variety of employment actions that are actionable under a retaliation theory. In discrimination claims, only ultimate employment actions
Employers Using On-line Acknowledgments to Enter Arbitration Agreements May Face Problems of Proof
Texas law favors the resolution of disputes using alternative dispute resolution mechanisms such as arbitration. To compel an employee’s claim to arbitration, the employer need only show that a valid agreement to arbitrate exists and the claims asserted by the employee fall within the scope of the agreement. Many companies utilize technology such as online
Fifth Circuit Holds Nonemployee Lacks Claim but Employee Can Recover Emotional Distress Damages in FLSA Retaliation Suit
The Fifth Circuit recently held that a plaintiff-employee in an FLSA retaliation claim can recover damages for emotional distress but that the statute does not provide a retaliation cause of action for a nonemployee spouse. In Pineda v. JTCH Apartments, LLC, an employee of the apartment complex who did maintenance work around the property
Texas Court Holds Employees on FMLA Leave Not Qualified to Receive Unemployment Benefits
In a Texas case of first impression, Fort Worth Court of Appeals held that an employee on FMLA leave of absence is not entitled to receipt of state unemployment benefits reversing the Texas Workforce Commission’s administrative decision. In Texas Workforce Commission v. Wichita County, Texas, a county employee applied for state unemployment benefits when
Supreme Court Holds Constructive Discharge Administrative Filing Deadlines Commence When Plaintiff Gives Notice of Resignation
Plaintiffs and employers often dispute when an employee’s time period for filing a charge of discrimination commences. Plaintiffs argue that it commences on the date the adverse action is effective (e.g., the termination date) where employers often argue that it commences earlier when the employee is advised of the decision (i.e., notice of termination that
HR Directors Beware: You Too Can be Sued for FMLA Violations
A recent case from the Second Circuit Court of Appeals should remind HR Directors (and supervisors) to be particularly vigilant in handling employee FMLA leaves of absence. In Graziadio v. Culinary Institute of America, the appellate court reversed a trial court victory for the employer and the two individual supervisors (one of whom was
Fifth Circuit Refuses to Enforce Illusory Handbook Arbitration Provision
It’s a rare day when a Texas state court or federal court sitting in Texas refuses to enforce an arbitration agreement. The Texas law is well-developed on this issue and the table is heavily tilted in favor of arbitration. Consequently, most employer arbitration programs in Texas are enforced. However, a recent opinion from the Fifth
Houston Court of Appeals Holds that Allegation of Constructive Discharge Must be Included in the Charge of Discrimination
In an opinion likely to prove useful to employers defending a termination based on a constructive discharge theory, a Houston Court of Appeals held that a resigning employee whose charge of discrimination lacks an allegation of constructive discharge, fails to exhaust his administrative remedies on that theory. In court of appeals opinion, Parker was an
Texas Supreme Court Agrees to Hear TCHRA Preemption Case
The Supreme Court of Texas agreed to hear a case affirming summary judgment in favor of an employer sued for the acts of its supervisor in a sexual assault case. In B.C. v. Steak and Shake Operations, the Dallas Court of Appeals held that the employee’s common law tort claims (i.e., assault, battery, and
Fifth Circuit Holds Mandatory Travel Time May Render Meal Periods Compensable under FLSA
The wave of wage and hour collective actions being filed and litigated in the district courts in the Fifth Circuit are making their way to the court of appeals. Last week the U.S. Court of Appeals for the Fifth Circuit issued an opinion in an FLSA case over the compensability of meal periods provided by