A woman in New York filed suit alleging she was fired essentially because she was too attractive.  See report.  According to the lawsuit allegations, the former employee at Citibank was criticized by male co-workers because her curvaceous figure was too distracting in standard business attire and high heels.  The plaintiff claimed in the lawsuit that other women dressed more provocatively than she did but suffered no ill treatment.  The plaintiff brought that to management’s attention.  But, according to the suit, the plaintiff, Debrahlee Lorenzana, was told that the general unattractiveness of the other other women rendered their attire moot.  This treatment and her termination amounted to sex discrimination, said the plaintiff. 

A friend of Ms. Lorenzana praises her work at Citibank.  She said Ms. Lorenzana does indeed turn men’s heads and some men turn into "complete idiots around her."  But, that’s not her problem and should not be her problem, notes the friend.  

Ms. Lorenzana’s lawsuit is moving to arbitration due to an employment agreement.  

Actually, it would be hard to show sex discrimination if you cannot show how men are treated better.  On the other hand, this sort of treatment would not occur were she not female.  It is not particularly fair to treat anyone differently because of the way they look.  But, Title VII is not about being fair.  It is about treating one gender differently than another gender.  Arbitration hearings are secret.  So, we may never know the result. 

So, you have a LInkedin account.  As with most users, many of your contacts are co-workers.  You leave your employer and send messages to your contacts on Linkedin.  Is that a problem?  It is a problem, if you have a non-compete with your former employer in which you agreed to not contact former your former co-workers.  That is what happened in one recent lawsuit.  The former employer, an IT staffing firm, learned of the messages and filed suit against the former co-workers.  See report.  

The former employee had signed a non-compete agreement in which he agreed to not solicit former co-workers.  So, sending an email to all his contacts, co-workers and others, which said, "Hey, let me know if you are still looking for opportunities," sounds like solicitation. 

So, yes, as the report explains, now, when an employee leaves a company, that employee may have to "un-friend" his/her former co-workers.  In this case, the non-compete clearly prohibited solicitation of former employees.  

Every so often someone will claim that discrimination is gone or mostly gone.  Yet, evidence of bias pops up everywhere.  In a recent trial in a patent infringement case in Marshall, Texas, a witness from Israel was testifying.  The defense lawyer was cross examining the Israeli witness.  Asking about the witness’ lunch meeting at Bodacious Barbacue, the defense lawyer asked what he ate.  "I bet not pork," he offered.  Apparently, the defense lawyer thought this comment was humorous. 

The lawyer later apologized for the remark to the jury.  

The jury eventually found in favor of the plaintiff and awarded $3.7 million against Cisco Systems. But, because of the remark by the defense lawyer, the federal magistrate who heard the case offered to consider a motion for new trial.  See report.  That is, after he dismissed the jury, he told the lawyers he would was troubled by the remark, no matter how innocent the lawyers intentions may have been.  He said he would consider a motion for new trial if the plaintiff wished to file one.  The verdict was large, but the plaintiff had sought $53 million.  Commill USA v. Cisco Systems, Inc., Et Al.

Most people, lawyers especially, are on their best behavior in court.  If this is the defense lawyer’s best behavior, one must wonder what he will utter in more casual settings.  As I tell my managers and employers, ethnic jokes are the path to lawsuits and trouble.   The only "safe" joke these days is a good ole fashioned Aggie joke…..

A Dallas jury awarded $3.6 million to an Egyptian-American doctor who sued for race and religious discrimination.  See report.  It all started when the employer, UT Southwestern, asked Dr. Nassar to commit billing fraud.  Dr. Nassar refused.  He then felt constant discrimination and harassment and resigned in 2006.  

It took the jury in US district court only about an hour to reach a verdict and assess $3.6 in total.  

 We all have different memories of Memorial Day.  Some remember hot dogs and trips to the lake.  Some remember a grandfather or uncle who served in World War II or Viet Nam.  I remember 1SGT Saenz.  We all met at Ft. Jackson on March 13, 2005.  We numbered a little over a hundred members of the  Individual Ready Reserve.  We reported to Ft. Jackson, South Carolina for in-processing and reintroduction to the US Army.  We knew we would be deploying to Iraq.  Then MSGT Saenz had a huge laugh and a booming voice.  He smiled and laughed a lot.  

Those first few days, some Reservists were angry about being called up. Some were happy to serve from the get-go.  MSGT Saenz seemed pretty happy to be where he was, preparing for responsibility in a war zone.  Later, as I learned, he performed very well and inspired his soldiers.  

He died on the dusty streets of Baghdad.  We were all leaving Iraq in just a couple of weeks when his HMMWV was struck by an IED.  He was out on a convoy training members of the incoming unit.  Some of his regular team members were not with him on that run. He died doing what he did very well: serving others. 

We should all serve our country half as well as 1SGT Saenz.  Rest easy, Top.  You did well. 

http://www.arlingtoncemetery.net/cnsaenz.htm

A frequent issue arises concerning the right of an employer to deduct debts from an employee’s paycheck.  Texas Workforce Commission recognizes three occasions when an employer may make such deductions: 1) in response to an order from a competent court, such as for child support; 2) state or federally mandated withholdings; and 3) when authorized in writing by the employee.  See TWC info.  

So, for example, when the employee owes payments on a loan to the employer, the employer may not deduct those payments from the paycheck.  Even if the employer has a signed loan agreement, the employer may not deduct those payments without written authorization from the employee.  

But, the other shoe is that TWC will probably do nothing more than send letters to the employer finding them at fault.  I have personally never heard of TWC taking stronger steps than sending letters to the miscreant employer. 

My colleague in California, Gene Lee, has written a couple of nice entries about how to read an employment contract.  See this post for part 1 of his series on reading contracts.  Note the information regarding which state law governs the contract.  In today’s business world, employment contracts frequently involve two, three states or more.  It can make a huge difference regarding which state law governs.  Just because you are hired in Texas for a Texas employer does not mean Texas will law will govern.  

See Gene’s second post for Part 2 of how to read an employment contract.  Note his final advice: a contract helps, but a contract is no substitute for having a lawyer in your corner.  I know many employees essentially draft their own contract.  A self-written or borrowed contract is better than no contract.  But, the best plan is to consult with a trained employment lawyer whenever you sign or draft a contract.  

A reader calls me about a friend.  He called me in response to my entry about drug testing and zero tolerance policies.  My entry actually was based in part on another blog entry by Mike Maslanka, a noted employer side attorney.  Mike’s point and mine was that an employer should be prepared to allow exceptions to its zero tolerance policy on drug use.  The caller mentioned his friend.  

The caller’s friend worked at a plant in a northern state for 40 months.  He had some foot problem, so he tried a pain killer used by his wife.  He took one pill.  Three days later, the plant had an unannounced drug test and the friend tested positive for some controlled substance.  He presented notes from his doctor and his wife’s doctor.  But, still, despite 40 months without a blemish, he was fired.  

Does that make sense?  The caller did not think so.  The caller himself was a hospital administrator for many years.  He terminated people when he had to. But, he did allow exceptions when he thought it proper.  The goal in every business is to  hire and retain the best people.  Once an employee is trained, he has "extra" value.  When I was a National Guard Company Commander, I was very interested in retaining the best soldiers.  Even an average soldier had considerable value once he had attended a few Army schools.  I forget the exact amount, but it took tens of thousands of dollars to train a solider through the rank of Staff Sergeant.  Staff Sergeant would be equivalent to a section lead in the civilian sector. 

I cannot imagine terminating a 40 month employee without a blemish.  Could they not have simply put him on probation?  Was there no time for a final warning?  It does appear to me that at least one plant in some northern state lacks leadership. 

 The latest numbers tell us that unemployment rate has risen nationally to 9.9%.  But, anaylysts say, that is a good thing.  See report.  Since, the rise means more people have returned to looking for jobs due to the rise in new jobs.  

Texas’ unemployment rate has rose slightly from 8.2% to 8.3.  See report.  That rise probably means again that with the growth in new jobs, more people have returned to the job search.  The state added 32,500 jobs in April.   San Antonio’s rate of unemployment remained steady at 7.3%.  

 Houston added gender identity and sexual orientation as protected classes to its anti-discrimination policies.  The policy prohibits discrimination, retaliation or harassment based on gender identity or sexual orientation in contracting, the City’s hiring practices and in City vending activities.  Houston, of course, just recently elected its first openly gay mayor.  See report.