Texas retaliation attorney Report: Fifth Circuit Rules for Employer in Retaliation Claim under Texas Health and Safety Code

March 9, 2010


To speak with a Texas retaliation attorney, please contact the employment lawyers at Clouse Dunn Khoshbin LLP
Press Release Distribution  (WiredPRNews.com) — The Fifth Circuit ruled for an employer in a workplace retaliation matter.  Johnson v. Diversicare Afton Oaks LLC, No. 08-20827 (5th Cir. Feb. 17, 2010), available at http://www.ca5.uscourts.gov/opinions/pub/08/08-20827-CV0.wpd.pdf.
The plaintiff, an assistant director at a […]

Workplace Retaliation Matter Decided by Texas Court

February 15, 2010


The San Antonio Court of Appeals recently ruled in a workplace retaliation matter.  Martinez v. Wilson County, No. 04-09-00233-CV (Tex. App.—San Antonio January 13, 2010, no pet. h.), available at http://www.4thcoa.courts.state.tx.us/opinions/htmlopinion.asp?OpinionId=22680.
The plaintiff alleged she had been wrongfully terminated for complaining about a gender-based hostile work environment.  Her employer alleged that the plaintiff’s employment had been […]

Employment Law Attorney Keith Clouse Reports Genetic Information Nondiscrimination Act Takes Effect

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 […]

Timing Matters in a Workplace Retaliation Case, says Texas employment lawyer Keith Clouse

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 […]

Texas Employment Lawyer Educates - Waiving Federal Age Discrimination Claims in a Severance Agreement

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 […]

Dallas Employment Lawyer says some employers must create affirmative action plans

November 11, 2009


/cdklawyers.com/Keith Clouse - Dallas Employment Lawyer
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 […]

Dallas employment lawyer report: The ADA Protects Workers Who Are Perceived to be Disabled

October 26, 2009


/cdklawyers.com/Keith Clouse - Dallas Employment Lawyer
The Americans with Disabilities Act (the “ADA”) has recently been expanded with amendments made effective earlier this year. The ADA protects an individual from adverse actions taken by an employer because of the individual’s disability. In addition to protecting disabled workers, the ADA also protects individuals who are regarded as […]

An Executive Who Plans to Resigns with “Good Reason” Should Consult with Counsel

October 15, 2009


Most high-level executives work pursuant to employment contracts.  These contracts usually include both a clause allowing the company to terminate the executive’s employment “for cause” and a clause allowing the executive to resign “for good reason.” A typical employment agreement may define “good reason” to include: a significant change in the nature or scope of […]

Doctors Moving to Texas Should Consider Differences in State Non-Compete Laws by Dallas non-compete attorney

October 13, 2009


/cdklawyers.com/Keith Clouse - Dallas non-compete attorney
Many physicians cross state lines for better job opportunities.  These doctors often enter into employment agreements that contain non-compete covenants.  A non-compete covenant restricts a physician’s ability to practice medicine within a certain area for a set time period following termination of an employment agreement.  Keith Clouse, a Dallas employment […]

Dallas, Texas Employment lawyer says Employers Should Document Employee’s Shortcomings in Discipline Reports

October 3, 2009


/cdklawyers.com/Keith Clouse - Dallas employment lawyer
Many supervisors dislike writing discipline reports; some believe these reports are a waste of time. Yet, as Dallas employment law attorney Keith Clouse explains, documenting an employee’s shortcomings serves multiple purposes.  First, a discipline report can assist an employee in focusing on and improving problem areas.  Second, a discipline report […]

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