The workers at Tesoro Refineries and other refineries have gone on strike. The companies were engaged in talks to avoid a strike, but the talks broke down. Is that surprising? Workers today are exposed to and required to commit illegal or simply unethical acts with some frequency. The refinery workers were required to work overtime
Fifth Circuit Clears Up Disability Discrimination Caselaw
In a recent decision, the Fifth Circuit cleared up some confusion regarding how to show disability discrimination. In EEOC v. LHC Group, Inc., No. 13-60703 (5th Cir. 12/11/2014), the court noted that Fifth Circuit jurisprudence had three different versions of a prima facie case for showing disability discrimination. All three versions required the plaintiff
Oral Arguments Set for Nicholas v. SAWS
Oral arguments are set for Nicholas v. San Antonio Water System. I previously wrote about that case here and here. CPS spent half a million dollars by November, 2013 defending the case. They could have settled the case for much less. Oral arguments are set for January, 2015 before the Texas Supreme Court. See San
The Ugly Side of Practicing Law
There is a seamy side to lawsuits. I am sure this seamy side has been around ever since the Medieval days when representatives were hired because they were better criers. In the San Antonio Express News is a report about immigration lawyers who hire case runners, folks who go out and find clients. They lurk
Employer Can Require a More Healthy Workforce?
The health of workers will affect the amount an employer must pay for health insurance. The more ill a workforce is, the more the employer (and the employees) must pay for insurance premiums. That cost saving could lead to employers hiring only healthy workers. Or, it could cause employers to ask employees to take routine
Lawyer Blames Leisure Lifestyle for Sanctions
Every lawyer is like a small business. We can decide when and what to say to judges, clients and opposing lawyers . . . until someone reports our conduct. A New Jersey lawyer learned that lesson the hard way recently. Jared Stolz was disciplined by the New Jersey Supreme Court after he sent emails to
Judge Dismisses Texas Lawsuit Against EEOC
In 2012, the EEOC issued guidance to employers regarding criminal background checks. Criminal background checks can have a disproportionate impact on minorities. The EEOC’s goal was to help employers avoid a blanket rule prohibiting hiring folks with criminal records. In 2013, the state of Texas, filed suit against the EEOC to enjoin the implementation of
San Antonio lawyer Represenetd Both Parties to a Lawsuit
If true, this lawyer deserves the award for the most moxie. According to a recent San Antonio Express News report, Andrew Toscano in effect represented both sides to a lawsuit. In a personal injury lawsuit, R.D. Galvan and Luciano Morin sued the Chili’s Restaurant chain after the two men were in an automobile wreck.
Loser Pays Winner’s Court Costs and, Sometimes More
courtesy of creation c
Yes, a plaintiff in an employment lawsuit can be hit with an award of attorney’s fees. In federal court, the losing party is almost always ordered to pay the other side’s court costs. And, yes, if the plaintiff is found to have filed a "frivolous" lawsuit, then
Six Warning Signs of an Impending Termination
Often when a new boss comes in or when a company simply changes hands, you find your job at risk. We would all like to know as soon as possible if our job is at risk. So, what are some good warning signs that you may be fired soon? The ABA Bar Journal borrowed some