Although it was far simpler twenty years ago to provide references for most departing and former employees, it now requires careful planning. Employers must take deliberate steps to protect themselves against possible lawsuits brought by disgruntled former employees who may claim that they’ve been harmed by defamatory or negative job references.
All companies should now consider requesting (as a hiring condition) that each new employee sign a release form granting permission for the company to provide future job references without threat of liability. As noted below, that paperwork can then be supplemented by new, signed and dated authorization forms for each future reference requested.
Before sharing ten ways your company can reduce its potential liability when providing job references, this article will first briefly review common legal arguments advanced by former employees when they sometimes sue claiming a reference harmed their future job prospects.
Types of arguments past employees advance when alleging harm due to a job reference
Keep in mind that defamation does not have to produce actual harm – it’s enough that the negative reference was published or communicated to a third party and might reflect poorly on a past employee’s good name or overall reputation. Courts will normally review all the surrounding circumstances to determine whether a reference was truly damaging.

• Intentional infliction of emotional distress. An angry former employee may claim that the person who issued the reference used unjustified and inflammatory language. While this isn’t asserted often, it’s a reminder to create a clear and distinct policy for how all references should be handled – free of unsubstantiated opinions or undocumented gossip. For example, it’s always wise to avoid alleging that a former employee demonstrated clear signs of struggling with some form of substance abuse on the job;
• Invasion of privacy. Your company must avoid publicizing private information about an employee. For example, if you investigated why an employee was late to work on several occasions, you should never publicly disclose that the person was repeatedly jailed overnight due to arrests for drunk driving;
• Interference with contract. A business should never knowingly provide false or misleading information about a former employee that could reasonably bias a prospective employer against hiring the person. Be as honest as possible and rely on neutral, documented information in the employee’s personnel file whenever possible;
• Title VII discrimination. You must never provide a negative reference because a past employee was a member of a protected class. So, do not claim you fired someone because of their disability or alleged problems due to their gender. Title VII of the Civil Rights Act of 1964 forbids this type of discriminatory behavior.

Ten practices that can help you provide safe and proper references

1. Always obtain employee consent. You should require a written request from all past employees asking you to provide a reference to a specifically named individual. This is very important since references should only be provided to proper parties;
2. Designate only one or two company officials to handle all employee references. Centralizing this operation can help your company avoid releasing poorly drafted forms or letters of reference. It’s usually best to forbid all supervisors and other employees from providing their own references. You may want to create your own simple form for providing all references;
3. Maintain accurate personnel files for all employees. Furthermore, be sure to conduct regular employee evaluations – and have employees sign the bottom of all written evaluations. This information should provide the basis for future letters of reference. It must be free of any biased or highly negative comments whenever possible;
4. Avoid providing references over the phone. This is important since phone requests can be placed by nearly anyone. You must always be sure you’re only providing information to legitimate parties. Secure, written communications are always best. And never provide a reference until after you’ve received a new, written authorization form signed and dated by the former employee. (It should state that your company will not be held liable for providing the requested reference.) You can email or fax this form to the past employee when you receive a new request;
5. Only provide information to proper parties. Be aware that private investigators and others may contact you and just pretend to be potential employers. Your company could be sued if you release a reference to someone who is not a prospective employer;
6. Try to stick to the scope of the requested information. Don’t volunteer opinions or offer unsubstantiated data. Depending on your firm’s established policy for providing references – just stick to basic facts. (However, be sure to review the last paragraph of this article about providing references for past employees who exhibited violent workplace behavior – made serious threats – or sexually harassed other employees);
7. Keep detailed records regarding all reference requests. If you fail to keep all written data involved with these requests and copies of the information your company provided, you may have a very difficult time mounting an effective defense if you’re sued for defamation – or on the other grounds named above – by a former employee;
8. Be careful and provide about the same amount of information about all employees. While it may be tempting to provide lengthy praise for some former employees, it’s best to only comment on factors that may apply to all employees. If you’re going to provide negative information, be sure to first check with your Houston employment law attorney to be certain you’re not being too harsh – or revealing too much;
9. Try to avoid requiring or compelling self-publication. If you fired someone because they were recently convicted of a serious crime or are no longer qualified to maintain a certain level of a security clearance, be careful what reason you give for firing that person. Otherwise, you may be forcing that person to later “self-publish” negative facts about themselves. Ask your lawyer if there are other valid legal grounds you can state as the basis for the firing of an employee when controversial issues were also involved. This can cause complex problems — yet honesty is always crucial; and
10. Only share objective information. Never tell a prospective employer about any workplace gossip tied to the past employee’s personal problems. You should only be sharing data that can be easily verified by reviewing the employee’s personnel file.

While all these tips should help you reduce your chances of being sued based on a claim of defamation (or the other grounds stated at the beginning of this article), you must remain aware that providing too little information about a past employee can potentially render you liable in a lawsuit brought by the new employer. More facts about that problem are provided below.
Can you be sued for negligent referral, fraud or misrepresentation due to your reference?
Those types of lawsuits are becoming more common. If you had knowledge that a past employee behaved violently in your workplace, made serious verbal or physical threats against others – or sexually harassed one or more workers, you might need to disclose some of that information. This is a topic you must discuss in much greater detail with your Houston employment law attorney since Texas law may or may not provide you with adequate protection from liability.
If you’re uncertain how to provide a reference for a past or departing employee, please feel free to contact one of our Murray Lobb attorneys. We can provide you with sound legal advice regarding such topics. Our firm can also help you create employee release and authorization forms. Should you be sued by a former employee, we’ll be available to defend you through every stage of any proceeding.

CATEGORIES AVOIDING COMMON MISTAKES, BUSINESS, BUSINESS LAW, COMMUNICATION, EMPLOYEE REFERENCES, EMPLOYER/EMPLOYEE RELATIONS, EXECUTIVES, LAW SUIT, TEXASTAGS#AVOIDLIABILITY, #EMPLOYEE, #EMPLOYEEREFERENCES, #HOUSTONATTORNEYS, #JOBREFERENCES, #KNOWLEDGEISPOWER, #MURRAYLOBBATTORNEYS, #PLANAHEAD, #PREVENT, #REFERENCES, #TEXAS, #TEXASBUSINESS, #TEXASLAW, #TYPESOFARGUMENTS, HOUSTON
​CONTACT US

• Email
  lawyers@murray-lobb.com
• Phone
  281-488-0630
• Address
  Murray Lobb Attorneys
  700 Gemini, Suite 115
  Houston, Texas 77058

As reported in August, 391 property tax bills passed last Session.  SB 2 (Property Tax Reform and Transparency Act) and HB 3 (school finance reform) have been widely touted but what about the 389 others, particularly those already in effect or soon to be?  Reported are those that could impact you in a big way.
If you ever protested your value or own property in different counties you know appraisal districts (CADs) operate differently.  The Comptroller has been tasked with defining and establishing standards from governance to how values are determined and will more fully evaluate taxpayer assistance.  I am hopeful that the inner workings – the unexplained activity deep inside the computer – will be thoroughly evaluated, leveling the playing field.  
You will be able to request hearing notices by certified or electronic mail and the evidence must arrive a full 15 days before the hearing.  Innocuous as it sounds, you or the chief appraiser will be able to file a motion to correct an error on your home if it impacted the value by one-fourth or more (from one-third), Appraisal Review Board (ARB) bias and misbehavior could result in removal by CAD Boards or the State District Administrative Judge (if you ever had a hostile ARB panel you know how important this is).  
Both the time to request arbitration (failed in the informal and ARB) has been extended from 45 to 60 days and, if you own contiguous properties, these can be rolled into a single request.  Mess up the filing (automatic rejection) – you will have 15 days to fix it. Property tax refunds will now be paid to owners and AG rollback taxes will be three years with 5% interest. I am really excited about recognition of “heir property” as those inheriting a home without a will have a method of establishing ownership and homestead rights.  
Sheriff Sales are moving into the 21st Century as online bidding will be permitted if approved by county commissioners and State and Federal law impacting military deferral of taxes has been aligned.  Since 2013, certain disaster victims have been protected from exorbitant property taxes when rebuilding through a State disaster reconstruction program but now all, including Harvey victims, will no longer face improvements being classified as new with full taxes being applied at once.  Those out of their homes during replacement or repair may keep the homestead exemption up to five years (rather than two).
Not tax related but GREAT news – the JD Lambright Local Government Ethics Reform Act provides for the creation of county ethics commissions (population and location requirements apply) and authorizes commissioners to adopt a code of ethics.  Those costly “special” taxing entities like MUDs must record their meetings and post information online.
A listing of the 10 Constitutional Amendments to be voted on November 5th is included below and more detailed information is coming soon here at the Bay Area Entertainer and on Facebook @Cheryl Johnson and @Vote4Cheryl 2020.

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​(StatePoint) A new school year means new classes, new teachers and new schedules. At home, you can riff on this theme with new books to be enjoyed outside the classroom, that spark interest in different subjects. To open doors for young minds, consider the following titles:

• Crafty coding: For kids with a potential interest in computers and coding, consider “How to Be a Coder.” Breaking down the principles of coding into bite-sized chunks, it will get them thinking like computer scientists in no time. Learn about loops by making a friendship bracelet, find out about programming by planning a scavenger hunt, and discover how functions work with paper fortune tellers. Children can then use their new knowledge to code by following instructions to build programs in Scratch 3.0.

• Inspiring true stories: In “DK Life Stories: Jane Goodall” kids can discover the inspiring story of Jane Goodall, a pioneer of primatology whose groundbreaking work changed the way we understand animals and ourselves. When she embarked on her career, women were discouraged from conducting scientific research, especially when that work meant living side by side with wild animals. A self-taught scientist, Goodall bravely ventured into the bush of Tanzania to discover the secret world of chimpanzees. This new biography series for kids from DK goes beyond basic facts to tell true-life stories of history’s most interesting people.

• Edible science: Cooking is chemistry, and all 20 science experiments inside “Science You Can Eat,” are edible and fun. Young minds can find out why popcorn go “pop,” explore how taste is affected by smell, then discover the secret to making the perfect cookie. Examining interesting ingredients and exciting eating, as well as peeking into the future of food, kids will get a better understanding of what's happening with food and why.

• A global celebration: Young readers of “Celebrations Around the World” will embark on an exciting journey through the most interesting and important festivals, celebrations and holidays enjoyed by people all over the globe. From why skeletons dance at the Day of the Dead in Mexico to how the world’s biggest tomato fight -- La Tomatina in Spain -- gets cleaned up, stunning original illustrations and fascinating facts will inspire and inform children about cultures and religions from all over the world.

• Medieval mania: Spark an interest in history and architecture with “DK findout! Castles,” which includes lots to learn about medieval castles, including knights, jousting, sieges, drawbridges and forts. Kids can learn about castle design, from the earliest motte and bailey styles to stone fortresses and beautiful castles in Japan and India, as well as view some of the most impressive castles in the world. Packed with information and color, this book is part of a series introducing children to a range of topics in a fun, engaging way.

After school is the perfect time to explore topics of interest, and a treasure trove of books can make learning new things fun.

​​The Texas Department of Motor Vehicles established the Performance Quality Recognition
Program in 2018 to recognize county tax assessor collectors that go above and beyond in
complying with Texas laws, rules and procedures and that provide exceptional customer
service. There are three levels of performance – Bronze, Silver and Gold. Silver recipients
have demonstrated compliance with statutory requirements as well as shown a commitment to
preventing fraud, providing a high level of customer service and training employees.
 
Since the program’s inception in 2018, 13 of 254 Texas Counties have achieved the indicated
levels of performance (two Gold, five Silver and seven Bronze with Bee County achieving both
Silver and Gold). Galveston is the only county to have achieved recognition in the Houston
Galveston Metropolitan Area.

Reporters covering the 86th Legislative Session called it “boring” because there were “No fist fights.  No gun threats.” Ultimately 1,429 of 7,324 House & Senate Bills filed passed (19.5%) and 4% of those were vetoed.  Just 391 property tax related bills were filed and 35% passed (with an occasional veto).

I would call it far less than boring because some of the most profound tax and school finance reforms in more than 30 years resulted.

What does that mean for you?  In short – as a result of just two bills (HB 3 and SB 2) school district maintenance and operations (M&O) tax rates will be “compressed” for 2019 and rates decreased from 7¢ to 10.2¢ depending upon the 2018 rate.  That calculates to $70 to $102 per $100,000 of value in savings. Expect future savings as school district rates will continue to be compressed as property values increase. These savings are for every property owner – not just homesteads.  It doesn’t get any fairer than that!

Then beginning in 2020, school district spending will be limited to 2.5% and most other governments to 3.5% unless voters approve more at automatically scheduled November elections (disaster exception included).  There will be greater transparency – you will know who voted for any tax increases, public hearing notices will be more readily available and county appraisal districts will provide notice to all property owners of actual impact on taxes prior to adoption via an online database.  You will be able to submit your opinion of the tax rates electronically! NOTE:  Please visit www.galcotax.com for a complete listing on the Homepage (scroll to bottom) of public hearings by date for each GCTO partner government or click on Property Tax Information link then Entity Partners for the public notices, tax calculations, current values and rates.

I am most impressed with the less touted changes – the Comptroller will form a Property Tax Advisory Board with a primary responsibility of establishing Statewide appraisal consistency, CADs may/are encouraged to provide a listing of individuals willing to provide free assistance to homeowners, CADs will no longer be allowed to charge for documents when you protest and must notify individuals of all exemptions available to them.  ARBs (and Arbitrators) will have more training and gone are the days that a renegade ARB increased someone’s value! Should you file a lawsuit when protesting a property value, you may pay the taxes you believe are owed and you will be provided additional time to pay any additional balance without penalties.

Although I am incredibly excited by these changes – I likely lost most of you at the third paragraph.  

No problem – I will be broadcasting additional information as it becomes available and when it is most important for you to know.  These are just some of the changes resulting from two bills - there are at least 20 others that take effect September 1 and many more January 1, 2020.  Follow me on Facebook @Cheryl Johnson for additional property tax, election and other legislative changes that will impact you (as well as for important tax deadlines).

Stay tuned too for a summary of the 10 Constitutional Amendments on the November 5th ballot.  In the meantime – thank your State Representative and Senator!  Historically, what goes into a session as steak comes out as vegetable soup.  This time, teamwork ruled the day and our Legislators were focused and committed.  They compromised in some areas but overall – we got an all-beef burger!

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Santa Fe ISD - Official Site
 
Officer Camp-
On May 31-June 3, 2019, the Military Officers and Social Committee members of the Tribal Belle Dance Team attended the Trendsetters Officer Camp in Houston, TX. The girls attended dance classes, leadership workshops, and team building activities with other Military Officers/Social Committee members from high schools across Texas and Louisiana. They were also evaluated on several dances including a camp dance, chosen routines, team building activities, and event planning. The Military Officers earned a Gold Award for their evaluations and assignments, and a Technique Award. The Social Committee earned a Platinum Award for their evaluations and assignments.
The Tribal Belle Military Officers are: Colonel, Jenna Arthur; Lieutenant Colonel, Bailey Johnson; Lieutenant, Shelby Haaga; Lieutenant, Haylee Melancon; and Lieutenant, Ashton Shutt. The Tribal Belle Social Committee members are: President, Kirby McCaskill; Committee Member, Amaya Austin; and Committee Member, Mercadise Wheeler.
Team Camp-
In July, the Tribal Belles Dance Team attended dance camp at TBarM in New Braunfels and at Santa Fe School, where they began working on their field dances for the upcoming school year. In addition to dancing, the team participated in several team building activities and a ropes course at TBarM. Jenna Arthur, Ashton Shutt, and Skyler Skillman earned an “Elite Performer” award. Sydney Allen, Amaya Austin, Rebeca Carmichael, Kaitlyn Cashiola, Amber Lavergne, Kyleigh McGilberry, and Mercadise Wheeler each earned an “All-Star” award. Earning an Elite or All-Star award also earned these girls an invitation to participate in the 2019 Macy’s Thanksgiving Day Parade and the 2020 Cotton Bowl!
The Tribal Belles would like to thank their families, friends, school, and community members for their continued support and encouragement!

From Aug. 1-25, Award-winning painter Joseph C. Henderson – who often depicts iconic Galveston Island scenes – will be the Featured Artist at the Galveston Art League Gallery, 2117A Postoffice St. in Galveston.
    Starting in his childhood, Henderson liked to paint. But he says he didn’t get serious about his brushwork until moving to Galveston about five years ago. For three decades before that, Henderson, now 63, was a registered architect — which could explain why he likes to include famous city landmarks in his artwork. He also enjoys painting beaches and boats.
    As a middle-school student, Henderson often painted in his family’s Indianapolis basement. Family, friends, and a very strong art faculty in high school were highly supportive of his efforts. These days he says Jack Morris and Betsy Campbell, curators at Third Coast Gallery, encourage him; he sells in their gallery, 2413 Mechanic St. in Galveston, as well as at the Galveston Art League Gallery.
     Although Henderson worked with watercolors at first, he now paints acrylic on panel or canvas. Henderson says his painting process is typical: He begins with an underpainting layer of burnt sienna and then he sketches the subject while working from photographs. He develops the scene with additional darker tones, eventually adding color and adjusting colors as the painting develops.
Henderson doesn’t have a lot of rules to follow, instead believing that artists should keep their minds open. His advice: “Explore new styles, subject matter, and media. Embrace the unexpected when you work. An unintended effect might completely alter the piece you are working on, often with great results.” 
That philosophy works for him. Henderson has won several awards in Galveston Art League juried competitions, including McGivney Purchase and Best of Show awards during the past couple of years.  
     As featured artist during August, he will have a dozen or so paintings offered for sale in the Galveston Art League Gallery. The gallery is open from noon to 6 p.m. Thursdays through Sundays; it also stays open until 9 p.m. – serving wine and snacks – during ArtWalk, which is scheduled for Saturday, Aug. 24.
The Galveston Art League was established in 1914 to promote appreciation of visual arts and art education in the Galveston County region. It’s a nonprofit, all-volunteer organization that has never had a salaried staff member. To learn more about Art League memberships, which are open to non-artists as well as artists, or to find out about other ways to support the league’s mission, please visit www.GalvestonArtLeague.com or email gallery2117@gmail.com.

​

Before meeting with your lawyer to create a trust, it should prove helpful to first review the following general legal terms and requirements that govern this effort. Once you understand your duties and the different parties you’ll need to name in the trust, you’ll be better prepared to begin listing the property you wish to transfer through your trust.
Key terms such as grantor, trustee, beneficiary and trust agreement
If you’re the party seeking to create a trust, you may be referenced in the trust document as the grantor, settlor or trustor. In order to create a valid trust in Texas, you must have the present intent or goal to create this type of document that allows you to protect property in a trust during your lifetime. Depending on the exact type of trust you create, you may also retain the right to fully control the property during your lifetime – which may include moving specific bits of property it in and out of the trust according to your needs.
Among your various duties as the grantor, you’ll need to decide who you want to name as the trustee – or controlling party – of your trust. If you choose to create the type of trust that must be managed and controlled by another party, you’ll have to decide if this should be your lawyer, a family member or another party with strong financial management skills.
As the creator of the trust, it will also be up to you to carefully describe all the duties you want your trustee to handle and how you prefer that those duties be carried out. And if you’ve chosen to act as the trustee, you should also name a potential “successor trustee” who can step in and take over if (or when) you become incapacitated — or pass away.
Additional requirements that must be met when creating your trust
You’ll need to be of sound mind, fully capable of understanding all that you’re trying to do with your property and have a proper legal purpose for the trust. In other words, you’ll just need your lawyer to state the specific type of lawful trust that you’re creating – such as a revocable, irrevocable or spendthrift trust – and which parties will receive the benefit of the properties held within the trust.
Texas law also mandates that your trust fully complies with all the requirements of the Statute of Frauds. This basically means that the trust is set forth in writing and is properly executed in full keeping with that statute so that it’s legally enforceable in a court of law. Your Houston estate planning attorney can also explain to you why certain gifts must become vested within set time periods so that they’re not in violation of the Rule Against Perpetuities.
Why you may need more than one trust
In addition to creating a trust that provides all your property with certain tax advantages during your lifetime, you may also wish to create an educational trust that will benefit your grandchildren or even one to cover the needs of a beloved pet after you pass away.
A simultaneous review of your entire estate plan will also benefit you
Whether you’re married or single, it’s always wise to carefully review all your assets with your attorney when creating a trust. In some cases, you may even want to go ahead and change how certain property is currently titled and change some investment accounts so that they’ll pay out directly to specific beneficiaries at the time you pass away – thereby lessening the duties of any party you’ve named as your trustee.
Please feel free to contact one of our Murray Lobb attorneys so we can create the type of trust you currently need. We’ll also help you review your overall estate plan and provide you with legal advice about the right way to properly manage any property or business interests not currently covered by a trust.

CATEGORIESTAX LAW, TEXAS, TRUSTEES, TRUSTSTAGS#CREATINGATRUST, #GRANTORDUTIES, #HOUSTONATTORNEYS, #KNOWLEDGEISPOWER, #MURRAYLOBBATTORNEYS, #REQUIREMENTS, #TEXAS, #TEXASLAW, #TEXASLAWYERS, #TEXASTRUSTS, #TRUSTS, HOUSTON
CONTACT US

• Email
  lawyers@murray-lobb.com
• Phone
  281-488-0630
• Address
  Murray Lobb Attorneys
  700 Gemini, Suite 115
  Houston, Texas 77058