Treaty Oak Employers’ Law Blog

An Upjohn Warning is a disclosure to employees of a company that legal representation is not extended to individual employees but rather covers the company only. Upjohn warnings are typically issued when an internal investigation is ongoing, or if the company is being investigated by regulators. Sometimes called a Corporate

When selecting a fraud investigator, one of the important skills to consider is report writing. After the investigator concludes the investigation, the report is what is left. This report may help inform the employer about important aspects of the investigation and provide protection in the event that a legal claim

Texas – HB 88: Leave to Care for Foster ChildPassed May 16, 2017. Signed by Governor on May 26, 2017. This law will require employers to treat foster children with the same rights as biological or adopted minor children for any leave-related policies. The act will take effect on September

The concept of off-duty misconduct and any on-duty punishment that may occur can sometimes be a slippery slope. While there are plenty of instances of people being fired or reprimanded for their off-duty behaviors, there are also instances of terminated employees fighting for reinstatement under the guise that their off-duty

Gossip has a funny way of turning a perfectly friendly workplace into a hostile one. In line with harassment and bullying, gossip can covertly take hold and merely become part of the culture. In an overly digital world, the days of chatting at the water cooler are over, but that

Hostile work environments ..If not investigated and abated by the employer, can lead to litigation against the employer. This is especially true when the employer acts in a negligent fashion when it comes to investigating harassment claims and disciplining employees that are found to violate the civil rights of other

In some situations, an employee may become undesirable to retain in the current position. However, an employer may not have documented the poor performance and may be hesitant to terminate the employee due to fear of litigation. Due to this real concern, it is important to handle poor performance termination issues

One of the difficult tasks of employers is to balance their own needs with the expectation of their employees’ privacy in the workplace. This issue may arise when dealing with employee email. Whether an employer decides to review its employees’ email often depends on the reason for doing so and the

When conducting harassment investigations, it is critical to maintaining impartiality. Harassment victims want to know that employers take their complaints seriously, but employees want to know that they will not be harshly judged without a fair process in place. Some ways that employers can maintain impartiality during this process include: