By dholmes | Published March 14, 2013 | Posted in Recent Developments 2013 | Leave a comment
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Can an At-Will Employee Sue for Fraud Arising from a Termination? The Texas Supreme Court Will Decide.
The Fifth Circuit has certified two interesting questions regarding the at-will employment rule to the Texas Supreme Court. Curiously, the case arises out of a union dispute over which the Texas Supreme Court would normally have no jurisdiction. The plaintiffs are 63 former employees at DuPont’s La Porte, Texas facility. Most of the plaintiffs were union members Read More
Read MoreFifth Circuit: Parking Attendant Applicant Failed to Show Pretext When Denied a Job Based on Graded Interviews
Gonzalez v. City of San Antonio, No. 12-50472 (5th Cir. March 12, 2013) (unpublished), is yet another case that shows the weight that the Fifth Circuit is giving to selection processes that are based on graded interviews. In another case decided just a week ago, the Fifth Circuit rejected race and national origin discrimination claims in Read More
Read MoreCommentary on the NBA Lockout
On July 1, 2011, the NBA locked out its players. This led to a labor battle that lasted for almost five months, resulting in the cancellation of about a quarter of the season. The labor battle included unfair labor practices charges, mediation, extensive negotiations, the decertification of the players’ association, and the filing of antitrust suits. Read More
Read MoreWhat Is Disability Discrimination in Texas?
This is a short guide to the principles of law that govern claims for employment discrimination based on disability status. There are two statutes that apply: the Americans with Disabilities Act (ADA) and Chapter 21 of the Texas Labor Code. 1. What is a Disability? Until 2008, this was the key question in almost all Read More
Read MoreFifth Circuit: Indian Respiratory Therapists Failed to Establish Pretext
In Assariathu v. Lone Star Health Management Associates, L.P., No. 12-10730 (5th Cir. March 6, 2013) (unpublished), eight respiratory therapists of Indian ancestry sued the Dallas Regional Medical Center for race and national origin discrimination. As part of a department restructuring, all respiratory therapists were required to re-interview for their jobs. The head of the Read More
Read MoreWhat Is the “At-Will” Employment Rule in Texas?
1. When Are You an At-Will Employee? In Texas, and in most if not all other states, every employee is presumed to be an at-will employee. There are two exceptions: (1) employees with certain types of employment contracts, and (2) most union members. 2, What Does It Mean to Be an At-Will Employee? It means that Read More
Read MoreThe NLRB’s Facebook Decision: What Is Protected and What Is Not?
The impact of social media on the rights of employees has been a hotly debated subject for several years. The NLRB raised the stakes with its recent decision in Hispanics United of Buffalo, Inc., No. 03–CA–027872 (Dec. 14, 2012). This case has been widely discussed in the media, yet the the actual implications of the Read More
Read MoreFirst Court of Appeals Construes an Executive Employment Agreement and Restricted Stock/Stock Option Agreements in Favor of the Employee
Today, the First Court of Appeals issued its decision in Hercules Offshore, Inc. v. Guthrie, No. 01-10-00968-CV (Tex. App. — Houston Feb. 28. 2013). Ms. Guthrie entered into an Executive Employment Agreement. The Agreement provided that, if Ms. Guthrie was terminated other than for cause with 24 months after a change of control for the Read More
Read MoreNLRB: A Houston Employer Violated the NLRA by Firing a Non-Union Employee for Discussing Salary Information with Other Employees
A recent NLRB case provides an excellent illustration of the potential effect of section 7 of the NLRA in a non-union environment. The employer, Jones & Carter, Inc., is a Houston engineering firm. Lynda Teare, who was a training coordinator, discussed salary information with two other employees. She was then terminated. She filed a charge Read More
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