In November of last year, Richard Mester lost his job at a Boeing facility in South Carolina for allegedly failing to report a bird strike. As an Air Force veteran with 30 years' experience, Mester claims he could not have missed such an obvious issue. Instead, Mester suspects he and two other employees were fired because of their unionization efforts.
FMLA and employee family members
Many Texas companies are subject to the Family and Medical Leave Act. FMLA allows leave from work not only for an employee's own health reasons, but also when an employee has a relative with a serious health condition. Intricacies in this aspect of the law can cause confusion for employers and potentially leave them open to charges of discrimination.
How employers can protect themselves when firing a worker
Texas employers should take steps to ensure that they protect themselves if they need to fire an employee. In fact, these actions can begin long before the termination process and start when people are hired.
Appeals court rejects man's claim of wrongful discharge
On June 7, a Texas appellate court issued a grant of summary judgment regarding a man who had made a whistleblower complaint regarding the safety of a vessel. The man told investigators he had warned his employer that the vessel was unsafe with its surveying equipment, and an accident that occurred afterward left one crew member dead and six more injured. When the man was fired two years later, he alleged it was whistleblower retaliation.
Federal appeals court sides with Texas employer in FMLA dispute
After a lower court ruled in favor of a steel company, a federal appeals court affirmed the decision that the employer had not broken the law when terminating a salesman's job. The employee had alleged that the company fired him because he took time off under the provisions of the Family and Medical Leave Act.
Highly regarded businesses often fare better in court
When prestigious companies in Texas face legal action related to employment discrimination, they tend to have better odds of obtaining a favorable resolution. This is according to research done by the Kellogg School. In many cases, the company's status helps it to get the benefit of the doubt from a jury. However, if a highly regarded company is found liable, it could be punished more severely than others.
Excessive information sharing can put employers at risk
Employers in Texas should pay close attention to recent developments regarding employee communication with the Equal Employment Opportunity Commission, or EEOC. Employees have a right under federal law to communicate freely with the EEOC about allegations of discrimination or violations of the Americans with Disabilities Act. How an employer responds to such a complaint can have a major impact on the ensuing impact of the filing, and employers can take action to protect themselves from being at risk of further charges.
Texas company loses appeal in wrongful termination case
A Texas-based company has lost an appeal involving an arbitration award. The man who received the award sold his business to the other company and was then subsequently terminated. An appeals court upheld a lower court's ruling in the case although the man was denied a motion for filed sanctions. The transaction between the two businesses involved two contracts, an interest purchase agreement and an employment agreement.
Caution is needed when terminating certain employees
Most employers realize that an employee cannot be terminated or penalized for making a Family Medical Leave Act (FMLA) request. Making a leave request does not prohibit termination if the reasons are independent and unrelated to the FMLA. Employers in Texas should pay attention to a recent Missouri federal court case that illustrates how appearances can lead to actionable lawsuits.
Does the fired Google memo writer have a wrongful discharge case?
You've heard the story. A Google software engineer recently made headlines by sending out a 10-page memo to other employees decrying the company's left-leaning bias and perpetuation of gender stereotypes as Google attempts to bring more women into tech and leadership roles. He argued that the company, a unit of Alphabet Inc., is hostile to conservative viewpoints and argued that the lack of women in leadership positions likely reflects biological differences instead of discrimination.
