November 2011

Defamation is hard to win in Texas.  See my prior post about a recent defamation case here in San Antonio.  This nurse had what should have been good evidence, yet she lost.  Employers enjoy a "qualified privilege" in Texas.  That means the employee must show actual malice by the employer.  Dakota Meyer, a very recent…

The Texas Bar Association was sued for discrimination.  Montgomery Miller, a 15 year employee for the bar, complained to his supervisor about problems with his foot.  He said he suffered from several maladies causing foot pain.  Two weeks later, he was fired.  See Texas Lawyer report.  The suit has now settled within just a…

Legal scholars are becoming more aware that actual trials in federal courts have decreased dramatically since the 1960’s.  Suja Thomas discussed this trend in a recent speech at Seattle University to mark the 25th anniversary of the summary judgment trilogy.  See Workplace Prof report.  Prof. Thomas mentions a couple of developments leading to this…

The party hardy guys from France are going home.  The two French brothers were arrested because they broke into the Bexar County Courthouse after a night partying on the Riverwalk and elsewhere.  The initial concern was that they were terrorists – apparently because they were of Moroccan descent and their motive for breaking in was…

I have talked about this before, but it needs repeating.  See my prior post.  The plaintiff employee deposition is critical to success for any employment lawsuit.  The plaintiff employee must be able to show the opposing attorney and the employer that the employee can testify, can present well to a jury and can tell…

On this Veteran’s Day, we stop for a minute to honor those who have served in our nation’s armed forces.  During the two wars, the day assumes greater significance.  I have written in this space about my friend, 1SGT Carlos Saenz who was killed in Iraq when I was serving there.  I know to some…

 A fourth woman has accused Herman Cain of sexually inappropriate conduct in 1997.  See CBS news report.  The woman, Sharon Bialek, says the then head of the National Restaurant Association touched her inappropriately and suggested she cooperate if she wanted a job. 

She had contacted Mr. Cain after she was laid off from a…

 A Stanford management expert reports that jerks and slackers can cost a company in productivity.  See ABA Bar Journal report.  Stanford professor, Robert Sutton finds that negative workers, pessimists, jerks, or angry, nasty people bring the rest of the work force down.  Negative people can reduce enthusiasm and change the mood, reports the researcher.

Workplace frustration boiled over in a westside San Antonio restaurant last month.  A waitress reacted badly when her work hours were reduced.  Maria Benavidez expressed frustration at her reduced hours.  She looked at the manager’s stepson’s paycheck – who also worked there.  Her manager told her to leave and called the police.  Ms. Benavidez then…