Judge Sam Kent was denied his request to be certified as having a disability which affected his ability to perform his duties. The 5th Circuit Court of Appeals denied his request. Judge Kent was and still is a United States District Judge. He heard many discrimination cases in his 15 years plus on the
May 2009
Memorial Day
A post the day after Memorial Day about an excellent soldier lost in the killing districts of Baghdad:
http://www.arlingtoncemetery.net/cnsaenz.htm
The ripple effects of losing an excellent soldier like 1SGT Saenz spread far and wide. One soldier with a heart of gold enlisted in the active army in response. Other soldiers simply look back at 1SGT Saenz…
Deductions from a Paycheck
Many callers want to know about miscellaneous deductions from a paycheck. Auto repair shops deduct for lost tools, long haul truck companies deduct for uniforms, everyone deducts for something. Often, these employers deduct the wrong things in the wrong way. Under the Texas Payday Statute, an employer can only deduct only what the law…
Arbitrations are not Popular with Everyone
Arbitration has been around forever for labor disputes. Unions and their employers have long relied on arbitration as a relatively inexpensive way to resolve disputes. In the labor context, the arbitration process is set up through a collective bargaining agreement. The arbitrator is picked by both sides from a list of some 10 ore more names.
Most Clients are Well Intentioned
I recently talked about clients who "forget" key evidence because they are nervous or simply frightened about their situation. On the other hand, there are, on very rare occasions, those folks at the opposite extreme. The potential clients who know or should know they do not have a strong case. They just want to manipulate…
Most Potential Clients are Rational
So many clients or potential clients have come to see me or discussed their problems with me on the phone. Invariably, the pattern goes like this: They are so scared about their job and nervous about seeing me. Many are so frightened that I will tell them they do not have a case or that…
Combat Stress Serves as an Example for All of Us
Again, it seems like I am one of the few following news regarding the Iraq war, but have to mention my support for the combat stress guys in Iraq. The combat stress folks are in the news now, since a soldier attacked one of the combat stress units in Iraq. A 3 star general mentions…
Written Counseling is an Effective Defense
I talked about how employee handbooks are not a contract. That means an employer does not necessarily have to counsel an employee three times in writing before terminating that employee. But, a question that often comes up is why would an employer want to counsel an employee in writing? The most common reason…
Inappropriate Remarks are the Best Evidence of Discrimination
“discrimination” “inappropriate remarks” “San Antonio Express news”…
Continue Reading Inappropriate Remarks are the Best Evidence of Discrimination
Forced Arbitration not Supported
Arbitration for labor unions has been around forever. Arbitration has only been in use for the last 10 years or so. Employers started establishing policies for arbitration in employee handbooks in the late 1990’s, in response to a few key court decisions. At first, most employment lawyers who represent employees were very concerned. National…