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My Cousin Vinny was a wonderful movie in many respects. One of those respects involves the cross examination by Vinny of a so-called eye witness. After close questioning, the “eye witness” admitted he had made eggs and grits while the two defendants were supposedly robbing a small, rural store. As Vinny explained, the witness could not have possibly cooked his 20 minute grits and eggs during the five minutes he said he saw the defendants…
In a recent case, the Ft. Worth Court of Appeals addressed the question, does the Texas age discrimination statute require that the plaintiff be over 40 years old during the discrimination? The court said no. In Bell Helicopter Textron, Inc. v. Burnett, 552 S.W.3d 901 (2018), the employee was harassed due to his age. The harassment started while he was still 39 years old. The harassment continued after he turned 40. There was also evidence that…
One thing you do not do when you file a lawsuit is antagonize the judge – without a very good reason. Roger Stone just cannot dial down his personality. On the same day a federal judge issued a gag order on him, he re-issued a book from two years ago with a new introduction. The new introduction criticizes Robert Mueller and the Mueller investigation. On Tuesday, the judge said the book was not in compliance…
There is no statute (i.e., a law passed by the state legislature) in Texas protecting workers from being forced to commit illegal acts.  So, prior to 1985, if your employer told you to rob the local bank and you refused, you could have been fired.  But, now there is judge-made law in the form of Sabine Pilot v. Hauck, 687 S.W.2d 733 (1985) that found protection for a worker being forced by an employer to…
Employers do some crazy things, sometimes. One employer in New Braunfels has been paying “volunteers” with gift cards and fabric. Quilt Haus and Way to Sew have been paying some workers with gift cards payable to the store itself. The workers would receive one gift card valued at $8 for each hour of work. The worker could then use the card to buy fabric. The store referred to the workers as “volunteers.” But, as I…
Public discourse has taken a turn for the worse. Things are so bad that criticism of federal judges has become common place. Last week, Pres. Trump spoke about the Ninth Circuit in demeaning terms, clearly saying the Ninth Circuit attracts lawsuits against his policies and is likely to rule against him. A few days later, Roger Stone, a long-time adviser to Mr. Trump, posts a photo of U.S. District Judge Amy Berman Jackson with cross…
Some judges are exceedingly difficult. Judge Lynn Hughes in Houston seems to consistently press folks’ buttons. Most recently, he has barred a female Assistant U.S. Attorney from his court. Tina Ansari has appeared in Judge Hughes’ court twice in the past few weeks. She was excused from the court by Judge Hughes both times right after she announced her name for the court reporter. Meaning right after saying hello, the judge told her to leave.…
The recent government shutdown can have a profound impact on federal workers. Research by management experts shows that the threat of imminent uncertainty, such as furlough or layoff, can be just as stressful as the furlough or layoff itself. A management professor at West Chester University, Anthony Wheeler, says psychologically, they are the same, the threat to one’s sense of security is the same. The more often the worker hears the threat, such as Presidential…
Most large employers have employee handbooks, those set of policies that explain things like vacation and sick leave, discipline, etc. Employers will often describe how they are “binding” and must be followed. But, legally, they are not binding, at all. They look thorough and professional and provide some comfort to employees in an uncertain world. They are generally not binding on the employer. They are nothing more than a guideline.  If the employer included a…
You know, there is nothing good about racism. Of course. But, we seem to have become lynching parties whenever the least evidence of racism rears its ugly head. The new Mary Poppins movie has been attacked because it supposedly revives a racist portion of the famous Julie Andrews version. In the original movie, Mary Poppins dons a bit of black on her face when she dances with the chimney sweeps. I have always assumed that…