In the spirit of an old proverb that advises that “an ounce of prevention is worth a pound of cure,” this article provides a list of best practices that can help avoid wrongful-termination types of lawsuits and the business interruption that comes with such litigation.
Category: Employment Law
A Two Day Suspension is Not a Materially Adverse Action – Rules the Fifth Circuit
An employee must show that unpaid leave caused him or her physical, emotional, or economic harm via some documentation and not just conclusory statements in order to establish a “materially adverse action” by the employer.
5th Cir. Update: Employee Lies, Resists During Investigation; Employer Still on the Hook for Retaliation
According to the Fifth Circuit, a supervisor cannot start a groundless internal investigation as a retaliation for employee’s previous discrimination complaint and then, when employee resists investigation, fire him.
What Employment-Related Bills are on the Texas Legislature’s Plate in 2017?
The 85th general session of the Texas Legislature started in January and will end in May 2017. There has been over 50 employment-related bills filed during this session.
5th Cir. Rules No Pain & Suffering, Punitive Damages For ADEA Retaliation Claims
The Fifth Circuit does not allow pain and suffering and punitive damages in discrimination and retaliation claims under the Age Discrimination in Employment Act.
A Texas Case Demonstrates Why Using Stock Non-Compete Agreements May Backfire
Last month, a Texas Court of Appeals denied an insurance agency’s application for a temporary injunction against its former President because it held that the