The Older Workers’ Benefit Protection Act (OWBPA) was passed in 1990 as an amendment to the Age Discrimination in Employment Act. The OWBPA provides that for an older worker to sign a binding waiver of claims, the employer must include a provision that the worker has 21 days in which to sign the waiver and 7
August 2010
Judge Keller’s Appeal Rejected
Judge Keller’s appeal fails with no comment from the court. See report. The Texas Supreme Court rejected Judge Keller’s appeal. See prior post. Keller appealed the Commission’s public warning, arguing the Commission was authorized to sanction her or not sanction her. Judge Keller argued in her appeal that issuing a public warning was…
Nurses Settle Claims After Reporting Doctor’s Improper Treatment
Two northwest Texas nurses were fired after they reported improper medical treatment by a doctor at the hospital where the two worked. They reported the improprieties to the Texas Medical Board,
which agency oversees doctors. The two nurses were later charged with felonies by the local prosecutor, reflecting local support for the doctor. One nurse…
TWC Official in Charge of Appeals Gives Advice to Employers
The TWC official in charge of appeals of unemployment claims gave advice to employers on how to "game" the system. Jonathan Babiak told employers at a conference in June that they should give employees the opportunity to quit instead of being fired. Some employees, he explained, would think they could not apply for benefits if…
San Antonio Soldier Killed in Afghanistan
A San Antonio soldier was killed in Afghanistan. Nineteen years old, PFC John Andrade was killed by an IED. See San Antonio Express-News report. He apparently survived the explosion and even called home. He told his family that he was fine except for bumps and bruises. A few days later, the family was notified…
Lawyers Behaving Badly at Depositions
Another example of lawyers behaving badly at depositions. A Florida lawyer, Robert J. Ratiner was sanctioned for his conduct at a deposition. See ABA Journal report. His latest sanction is that he
cannot attend a deposition alone for the next two years unless the deposition is video taped. As reminder, depositions is the event…
Hewlitt Packard CEO Resigns Amidst Sex Harassment Probe
The Hewlitt Packard CEO, Mark Hurd, resigns in the middle of a sex harassment investigation. The investigation found other violations of other company policies. See report. It turns out that his expense reports were not accurate. Mr. Hurd admitted to integrity issues. Yet, the sex harassment probe supposedly found no infraction by Mr. Hurd. …
Tweeting Your Way out of a Job
Tweeting your way out of a job can happen. See report. The Middle Eastern editor for CNN sent a brief tweet about the passing of a Lebanese cleric who was known for being anti-American. Octavia Nasr tweeted that the cleric was "one of Hezbollah’s giants I respect a lot." The editor meant the cleric’s…
Temp Agency Uses Codewords for Minorities
According to the ABA Bar Journal, the EEOC settled a case against a temp agency in Ohio. The agency used code words to describe the racial background of potential employees. "Chocolate cupcake" referred to young female African Americans. "Hockey players" described young white males.
The case settled for $650,000. The case was pretty egregious…
Workplace Violence Takes 9 Lives
Another incident of workplace violence. This time in Connecticut. See news report. The shooter’s family say the shooter had been harassed due to his race, African-American. In any event, he was video taped stealing some product. The morning of the shooting, he was going to a disciplinary hearing. He had worked for the beer…