March 19, 2010
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A Texas appellate court held that the City of San Antonio did not discriminate against a male employee. City of San Antonio v. Gonzalez, No. 04-08-00829-CV (Tex. App.—San Antonio Nov. 4, 2009), available at http://www.4thcoa.courts.state.tx.us/opinions/HTMLopinions.asp?OpinionID=22505.
Gonzalez, the only male in his work group, accessed his supervisor’s confidential computer folder (which should […]
March 11, 2010
A non-compete agreement forbids an employee from competing with an employer post-employment and usually contains a provision forbidding the employee from using the employer’s confidential information. Unfortunately, an employee who signs a non-compete agreement may find himself in litigation with a former employer, even if the employee does not believe he is “competing” according to […]
January 27, 2010
01/27/2010
While Texans usually enjoy mild winters, each year seems to bring one or two bad storms. How should employers prepare for these inevitable “snow days?” Keith Clouse, a Dallas lawyer who is board certified in employment law, advises employers to draft inclement weather policies to be included in company handbooks.
A company should […]
January 6, 2010
/cdklawyers.com// 01/04/2010Keith Clouse, a Texas lawyer who routinely litigates employment disputes, notes that the Texas Supreme Court recently ruled on an employment dispute. The Court addressed whether employees could enforce an employer’s alleged promise to pay proceeds from the sale or merger of the company to any employees who were still employed at the time […]
December 30, 2009
/cdklawyers.com/Keith Clouse - Dallas Business Litigation AttorneyThe Fifth Circuit Court of Appeals recently reversed summary judgment in a Section 1981 race discrimination matter. Blackston v. Wexford Health Sources Inc., No. 08-60855 (5th Cir. Nov. 16, 2009), available at http://www.ca5.uscourts.gov/opinions/unpub/08/08-60855.0.wpd.pdf. Blackston, a white man, worked for a medical staffing contractor and served as a medical director […]
December 23, 2009
/cdklawyers.com/Keith Clouse - Dallas Employment Lawyer
Now is the time to eat, drink and be merry. But, office holiday parties can create dilemmas for employers. Many states hold “social hosts” accountable if an intoxicated party guest is later involved in a traffic accident. Keith Clouse, a Dallas employment law attorney, provides the following guidance for employers […]
December 16, 2009
/cdklawyers.com/Keith Clouse - Texas Employment Lawyer
The Genetic Information Nondiscrimination Act (“GINA”), signed into law in May 2008 by President George Bush, took effect on November 21, 2009. GINA prohibits employers, employment agencies, and unions from discriminating against an individual based on the person’s genetic information. Specifically, GINA prohibits an employer from using genetic information in […]
December 10, 2009
/cdklawyers.com/Keith Clouse - Dallas Employment Lawyer
Federal and state laws forbid an employer from retaliating against an employee by treating the employee adversely simply because the employee complained about workplace discrimination. A retaliation claim often turns on circumstantial proof; one such element of proof a court may consider is the timing between the employee’s complaint of […]
November 27, 2009
/cdklawyers.com/Keith Clouse - Texas Employment Lawyer
In tough economic times, employers may ask certain employees to take early retirement packages. Oftentimes such a package contains a waiver whereby an employee releases any claims the employee may have against the employer. But if an employer seeks a waiver of a possible age claim, the employer must comply […]
November 11, 2009
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A company doing business with the federal government may be subject to certain requirements regarding equal employment opportunities. Some government contractors must provide equal employment opportunities without regard to race, sex, color, religion, national origin, disability, or the status of a veteran and must take affirmative action: positive steps to […]
