Employer-Employee Relations

• Author: Cindy Stormer
• Pages: 575-636

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EMPLOYEREMPLOYEE

RELATIONS

CHAPTER 6

EMPLOYEREMPLOYEE

RELATIONS

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

TEXAS SMALL-FIRM PRACTICE TOOLS 6−2

EMPLOYEREMPLOYEE

RELATIONS

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

6−3 EMPLOYER-EMPLOYEE RELATIONS

EMPLOYEREMPLOYEE

RELATIONS

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

Forms

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