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
Fort Worth Court of Appeals
Texas Court Holds Employees on FMLA Leave Not Qualified to Receive Unemployment Benefits
By Russell Cawyer on
Posted in Case Summaries, Unemployment
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…
Fort Worth Court of Appeals Enforces Mutual Waiver of Jury Trial
By Russell Cawyer on
I’ve written several posts advocating the advantages of employer’s use of waivers of jury trials to resolve employment disputes with employees. (See posts here and here). To recap, the mutual waiver of jury trial provides the employer and employee a fair way to resolve employment disputes without some of the disadvantages that other forms…
Texas Court Holds Lilly Ledbetter Principles Inapplicable to Claims Arising Under State Law
By Russell Cawyer on
The Fort Worth Court of Appeals ruled that the provisions of the federal Lilly Ledbetter Fair Pay Act of 2009 extending the charge filing deadlines for certain pay discrimination claims should not be automatically applied to pay discrimination claims arising under state law.
In Tarrant Regional Water District v. Villanueva, Tamara Villanueva brought suit against the…