TX LEGAL EDGE

Workplace disputes

59

Arbitration or Lawsuit – Employment Disputes – Where Will Your Business Be?

Carol Keough June 20, 2013

The business owner can often make the choice between arbitration or lawsuit.  Where do you want to be if there is a dispute with one of your employees?  In litigating employment cases, I have stood before a jury of twelve people and watched their reaction to the story of an employee who was allegedly terminated… Continue Reading »

44

Terminating Female Employee for Pumping Breast Milk Is Sex Discrimination

Carol Keough May 31, 2013

Both Title VII and the Pregnancy Discrimination Act (PDA) prevent an employer from firing an employee for pumping breast milk during working hours according to a new decision from the Fifth Circuit Court of Appeals decided on May 30, 2013, called EEOC v. Houston Funding II.  The Equal Employment Opportunity Commission (EEOC) brought suit against Houston… Continue Reading »

47

Investigating Supervisor Wrongdoing

Carol Keough April 12, 2013

One of the biggest mistakes that an employer can make is failing to conduct a fair and unbiased investigation when a supervisor is accused of wrongdoing by an employee.  In many years of consultations with employers, I have found that companies often rely on Human Resources to provide the unbiased review of supervisor conduct to… Continue Reading »

44

Fired Employee loses to Employer on Arbitration Clause

Carol Keough April 2, 2013

Gary Klein worked as a floor hand on a drilling rig for Nabors Drilling USA L.P. (Nabors).  Nabors asked him to sign an acknowledgment, as a condition of his employment, that he would agree to bring all disputes through the Nabors Dispute Resolution Program (Program).  At some point Nabors fired Mr. Klein.  Believing that he was fired… Continue Reading »

54

In-House Counsel’s Use of Mediation for Workplace Disputes

Carol Keough January 21, 2013

Mediation is often thought of only as an effective resolution to settling lawsuits.  However, this is only one use for mediation and every day there is potential alternative dispute resolution scenarios in the workplace when there are disputes between employees, between supervisors and employees, between upper management and lower or middle management.  How many times… Continue Reading »

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