While the FMLA normally requires an eligible employee be reinstated to an equivalent position at the end of his FMLA leave, the employee has no greater right to reinstatement than if the employee had been continually employed. Thus, there are several situations where an employee is not entitled to reinstatement.
First, where an employer conducts a layoff or reduction
Employers should provide (and pay for) the cell phones and other PDA’s used by their sales force. Why? So that the company is entitled to, and can insist on, the return of the telephone, the assigned telephone number and the contacts and other wealth of information contained on those devices when the employment relationship ends. If
Prompt and thorough investigations of complaints of harassment and discrimination can provide solid legal defenses to employee lawsuits. Even where there may not be a technical, legal defense (e.g., supervisory harassment resulting in an adverse employment action), investigating employee complaints of inappropriate behavior can paint the employer in a favorable light and is just a good
One of the most popular posts (i.e., most read) I’ve written is one I published two years ago on whether employer can or should ban the use of e-cigarettes in the workplace. Some employers have gone so far as to implement the complete ban on the use of all products containing nicotine –both during and after work.
One of North Texas’ largest employers announced that it will not longer hire or consider for hire any individual who uses any nicotine product (i.e., cigarettes, nicotine gum or patches, chewing tobacco or electronic cigarettes). Baylor Health Care Systems announced its new policy on the careers page of its website stating:
I am always skeptical when I hear a deal that sounds too good to be true. Because of my healthy skepticism, I hope that I am unlikely to be scammed by the phishing e-mail advising me a foreign distant relative has left me a lot of money and I only need to send a few thousand dollars to an off-shore bank
Next week is the deadline for all covered employers (i.e., those subject to Title VII and with 100 or more employees; or first tier or prime federal contractors with 50 or more employees or more than $50,000 in federal contracts) to file their federal EEO-1 surveys. The EEOC has a FAQ page if you are new to or unfamiliar
If you are are regular reader of this blog, you know that by November 14, 2011, most private employers (union and non-union) have to post notice of employees’ federal labor rights to form and join a union. Some of you may have even already posted the NLRB-sanctioned poster.
However, several lawsuits have been filed
In jury selection of an employment discrimination case, the employer addresses the potential jury pool after it has already heard from the employee’s lawyer. When the employee’s lawyer has done an effective voir dire (i.e., jury selection), the employer might start to see the panel members begin to express verbal and nonverbal cues that the jurors are beginning to
Yesterday, the Supreme Court of Texas heard oral argument in two employment cases.
In El Apple I, Ltd. v. Olivas, (No. 10-0490), the Court is considering whether detailed lodestar attorney fee calculation is required with breakdowns for each specific task. Also under consideration is whether appellate fees should be calculated in advance or only
