Employer-Employee Relations

AuthorCindy Stormer
I. General Points
§6:01 Basic Requirements of Employers
§6:02 Employer’s Workers’ Compensation Insurance
§6:03 Vicarious Liability
§6:04 Negligent Hiring
§6:05 Health Insurance for the Law Firm
II. The Employment Contract
§6:10 First Client Meeting With Terminated Employee
§6:11 Employment at Will
§6:12 Discrimination Modifies Employment at Will Doctrine
§6:13 Modification of Employment at Will to Prevent Retaliation
§6:14 Written Policies Modify Employment at Will Doctrine
§6:15 Employment for a Definite Period
§6:16 Independent Contractors
§6:17 Leased Employees
§6:18 Covenants Not to Compete
§6:19 Statute of Frauds
III. Hiring
A. The Hiring Process
§6:30 Recruiting
§6:31 Application Forms
§6:32 Interviewing Applicants
§6:33 References and Offers of Employment
§6:34 New Hire Reporting
B. Immigration Issues
§6:40 Hiring Illegal Immigrants Is Prohibited
§6:41 Cannot Exclude Authorized Aliens
§6:42 No Match Letter
§6:43 Best Hiring Practices
IV. Office Policies
A. General Policies
§6:50 Office Procedures / Policy Manual
§6:51 Drug Policies
§6:52 Posted Notices
§6:53 Employment of Children
§6:54 Use of Polygraph
§6:55 Record Keeping
§6:56 Sexual and Racial Harassment
§6:57 Breaks and Lunches, Travel
B. Wages and Paydays
§6:60 Paydays
§6:61 Minimum Wage and Records
§6:62 Overtime Pay
§6:63 Vacation Pay
§6:64 Garnishment of Wages
§6:65 Taxes
C. Safety and Health
§6:70 Texas Requirements
§6:71 Federal Requirements
§6:72 Health Care
D. E-Mail
§6:80 Include Policy in Office Manual
§6:81 Electronic Communications Act
§6:82 Texas Penal Code
§6:83 Privacy Interest Defense
V. Discrimination and Harassment
A. General Points
§6:90 Employment Discrimination Is Prohibited
§6:91 Equal Employment Opportunity Commission (EEOC)
§6:92 Disparate Treatment and Disparate Impact
§6:93 Employer’s Defenses
§6:94 Hostile Work Environment
§6:95 Burden Shift
B. Types of Discrimination
§6:100 Discriminatory Notice or Advertisement
§6:101 Discrimination in Hiring
§6:102 Age Discrimination
§6:103 Sexual Discrimination
§6:104 Retaliation
§6:105 Disabilities
§6:106 Race Discrimination
§6:107 Religious Discrimination
C. Sexual Harassment
§6:110 Statutory Claim for Sexual Harassment
§6:111 Hostile or Offensive Work Environment
§6:112 Vicarious Liability
D. Damages for Discrimination or Harassment
§6:115 Statutory Damages
§6:116 Caps on Damages
VI. Termination of Employment
A. Grounds and Procedures
§6:120 Termination Based on Good Cause
§6:121 Statement of Discharge
B. Improper Terminations
§6:130 Wrongful Discharge
§6:131 Constructive Discharge
§6:132 The Whistleblower Act
§6:133 Family and Medical Leave Act (FMLA)
§6:134 Refusal to Perform Illegal Act
§6:135 Other Improper Grounds
C. Post-Termination Actions and Procedures
§6:140 Lien for Unpaid Compensation
§6:141 Unemployment Compensation
§6:142 Intentional Infliction of Emotional Distress
§6:143 Attorneys’ Fees
§6:144 Blacklisting
§6:145 Other Issues
Form 6:10 Intake Checklist
Form 6:20 Employment at Will
Form 6:21 Chart: Statutory Grounds for Retaliation Claims
Form 6:30 Application—Employment
Form 6:40 Interview—Employment
Form 6:50 Texas Employer New Hire Reporting Program Form
Form 6:60 Equal Employment and Reasonable Accommodation
Form 6:70 Anti-Drug Policies
Form 6:80 Office Procedure Disclaimer—Sexual Harassment
Form 6:90 E-Mail, Fax, and Internet Use Policy
Form 6:100 Employment Eligibility Verification Form I-9
Form 6:110 Checklist—Employer/Employee
Form 6:120 FMLA Certification Form
Form 6:130 Designation Notice

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