March 2012

Defamation refers to uspeaking an untruthful statement about someone.  "Libel" refers to written defamation.  "Slander" refers to oral defamation.  In the employment context, defamation has an extra hurdle.  In Texas, to charge an employer with defamation, the defamation must be made in the course and scope of his/her employment.  That is, the defamatory statement must…

I keep reading reports that the so-called tort reform movement is much exaggerated.  Many of these so-called "reforms" keep folks from getting to the courthouse and seeking true relief.  One more such report appears in the form of Blocking the Courthouse Door, by Stephanie Mencimer, reviewed by Washington Monthly.  The author recounts various examples…

District courts and appellate courts frequently parse evidence in discrimination cases.  There is ample precedent saying they should not.  But, they do.  Workplace Prof blog discusses a case in which the Eighth Circuit picked and chose which evidence it would consider and found for the employer.  See Workplace Prof blog post. Courts are supposed…

I often tell clients or potential clients that in an at-will state, like Texas, your employer can fire you for anything.  They can, for example, fire because you wear a blue shirt to work.  Well, the law firm of Elizabeth R. Wellborn, P.A. in Ft. Lauderdale did just that . . . almost.  They fired…

 2LT Clovis Ray was killed in Afghanistan recently.  He grew up in Three Rivers, but here in San Antonio,  He joined the US Army at the relatively late age of 32 after many years as an investment banker.  He worked for Wells Fargo and Wachovia banks here in San Antonio before enlisting and going through…

Employers are more and more reaping the "benefits" of Facebook.  They are asking applcants for their FB passwords or for the opportunity to review the applicant’s Facebook page.  A corrections officer was required to provide his Facebook login information so his superiors could look at his Facebook page as part of his recertification process.  The…

Two researchers studied employee morale via work journals from 238 professionals.  A Harvard business professor and a Harvard psychologist collaborated to find four ways managers can ruin morale:

  1. Stall the worker’s most meaningful projects.  Such as one manager who routinely moved people on and off projects apparently at his whim.
  2. Block progress on goals.  Such

…

Back when I was in Iraq in 2005-06, I heard a story about a soldier in Kirkuk who walked off the premises of FOB Warhorse.  He just went outside the wire unarmed like he was back home and wanted some ice cream.  Leaving the base itself violated all sorts of orders.  But, more importantly, the…