Human Resources

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Yesterday Rob Radcliff over at the Smooth Transitions Law Blog wrote a post about a lawsuit filed by an attorney against the recruiter that placed him at his new law firm.  In essence, the attorney alleged that the recruiter made representations that she was independent (and not tied to any particular law firm) and fraudulently convinced the…

In Texas, employees and employers are entitled to a telephone hearing before a hearing officer if either party disagrees with an initial determination issued by the Commission in unemployment benefit and Texas Pay Day Act claims.  There are some occasions, however, where an employer may consider foregoing these telephone conferences –even if it means losing the unemployment…

There has been significant coverage of the unfair labor practice charges that have been filed by employees who were terminated over their postings made on Facebook, Twitter and other social media applications.  (Examples here, here and here).  The NLRB actions in some of these cases have lead to the belief by some union agents and employee representatives…

Verizon agreed to pay $20 million dollars and ceasing using its no-fault attendance policy for  absences caused by impairments qualifying as disabilities under the ADAAA.  Whatever the size of Verizon’s Human Resources Department, it looks like its going to need to be a lot larger.

As part of the settlement with the EEOC, Verizon agreed that…

There’s an old saying in rural America that "pigs get fat and hogs get slaughtered."  We used the phrase to describe someone who, instead of being satisfied with what he has, gets greedy.  In the litigation context it can be used to describe a party that takes overly aggressive, unreasonable and untenable positions.  My fellow bloggers, Work Blawg…

Once the employer makes the decision to terminate the employment relationship with an employee, there is often (or should be) a discussion about when to have the meeting with employee to communicate the decision.  There are two primary schools of thought.  One thought is to communicate the decision at the end of the business day at the end of the workweek. …

Employment Practices Liability Insurance, or EPLI, is business insurance an employer can purchase that will provide protection from losses caused by certain employment disputes with current or former employees. EPLI is in addition to commercial general liability or umbrella policies that normally contain exclusions for most employment claims.

EPLI normally covers the employer, its employees and executives for…

This morning the meteorologist advised that our high temperatures in Texas won’t dip below 100 for the foreseeable future.  I’m thankful I heeded my Kindergarten teacher’s (Wanda Kite) advice to avoid anything ending up on my permanent record and I don’t have to dig ditches for a living.  However, many Texans work outdoors everyday in these conditions…

I keep reading reports that Wal-Mart v. Dukes, where the Court reversed a class certification including 1.5 million women (who worked all over the U.S. under different supervisors at different stores) that was based on the company giving supervisors too much discretion, 125 anecdotal stories and an expert report employing dubious social framework analysis, demonstrates that the Court has…

Here are quick list of 15 questions you should not ask applicants in the interview process.

  1. How old are you? 
  2. When did you graduate high school?
  3. Do you have small children or do you plan to have children?
  4. Have you ever had a workers’ compensation claim?
  5. What medicines are you taking?
  6. Are you married?
  7. What country

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