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BT Currents - Hot Topics in Employment Law
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24 May 2016 SCOTUS Rejects a Rule Neither Employers nor Employees Wanted: Green v. Brennan Decision

In Monday’s Green v. Brennan ruling, the U.S. Supreme Court decided that the limitations period for constructive discharge runs from the date the employee gives notice of the intent to resign. The 7-1 outcome was not a surprise following the questioning by the justices during oral arguments. The justices held that the filing period begins when an employee resigns as a result of discriminatory behavior, not when an employer creates an environment so adversarial that an employee feels forced to resign, previously ruled in 2014…

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13 May 2016 A Smorgasbord of Termination Reasons That Might Be Used Against You

One of the most frequently asked questions in employment law counseling is “Can I terminate Employee X?” The better and more salient question is “For what reason(s) should I terminate Employee X?”   Not all reasons are created equal. There is a perception that the more reasons provided the greater the strength of the employer’s defense. And it’s true. Each discrete reason proffered by the employer must be rebutted. So, the more, the better? No, says the Fifth Circuit Court of Appeals in a recent…

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08 Jan 2016 What You Need to Know: Open Carry Law Brings About Changes for Employer Handgun Policies

  The Texas Legislature recently expanded the rights of licensed handgun owners to openly carry their firearms. This right is in addition to the already existing right of licensed handgun owners to carry concealed firearms. The so-called “open carry” law went into effect on Jan. 1 in Texas.   Texas employers who desire to prohibit all—customers, employees, contractors, or vendors— who enter their premises from carrying licensed concealed or open carry handguns and who post the statutorily required notices in English and Spanish (with the…

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