August 22, 2012
Workplace bullying refers to the repeated acts of an employee intended to intimidate and humiliate a coworker or a subordinate. Examples of bullying include:• Falsely blaming the employee;• Treating the employee differently than the rest of the group;• Swearing at the employee;• Physically threatening or intimidating the employee;• Teasing the employee;• Spreading gossip and rumors about the employee;• Excluding the employee […]
August 12, 2012
Dallas employment lawyer Keith Clouse frequently advises employers on workplace matters, including employee discipline issues. He suggests an employer consider the following tips when notifying an employee of misconduct and disciplinary action.
1. Describe the conduct that is being disciplined. The employer should explain why the employee is being disciplined in a factual manner. The employer […]
August 5, 2012
Keith Clouse, a Dallas, Texas trade secret lawyer, notes that many employers now allow employees to use their own devices (smart phones, iPads, and other devices) for work-related activities. Mr. Clouse cautions these employers to consider the challenges inherent in letting employees use their own devices for work-related tasks.
Employers run the risk of wage […]
August 3, 2012
The Fifth Circuit Court of Appeals recently ruled in a same-sex age discrimination case brought by the EEOC. EEOC v. Boh Bros. Const. Co., L.L.C., No. 11-30770 (5th Cir. July 27, 2012), available at http://www.ca5.uscourts.gov/opinions/pub/11/11-30770-CV0.wpd.pdf.
The EEOC brought a Title VII case on behalf of a male construction worker who claimed that his crew superintendent […]
July 30, 2012
When an employer terminates an employee, the employer may offer the employee severance funds in exchange for the employee’s release of any legal claims against the employer. Dallas employment lawyer Keith Clouse suggests that an employee who is presented with such a release contact legal counsel before signing it.
An employee presented with a severance […]
July 28, 2012
The Texas Supreme Court recently issued a ruling in a case concerning negligent hiring and supervision. Wansey v. Hole, No. 11-0348 (Tex. June 29, 2012), available at http://www.supreme.courts.state.tx.us/historical/2012/jun/110348.pdf.
A couple enrolled their minor daughter in a driving course operated by the defendant. One evening, the father observed his daughter backing away from one of her […]
July 25, 2012
Keith Clouse, a Dallas, Texas employment law attorney, represents many physicians in employment-related matters. He negotiates new employment agreements for doctors and counsels them about existing obligations. When a physician is ready to move to a new practice, Mr. Clouse helps his client resolve issues with the current employer and transition into the new […]
July 23, 2012
The Texas Supreme Court recently addressed an age discrimination issue. Mission Consolidated Indep. Sch. Dist. v. Garcia, No. 10-0802 (Tex. June 29, 2012), available at http://www.supreme.courts.state.tx.us/historical/2012/jun/100802.pdf.
The Court addressed the question: Can a plaintiff establish a prima facie case of age discrimination when undisputed evidence shows she was replaced by someone older? No, answered the […]
July 16, 2012
Dallas, Texas non-compete attorney Keith Clouse both drafts non-compete agreements and litigates disputes over non-compete agreements for his corporate clients. He notes that some businesses fail to protect their assets with non-compete agreements. He offers the following reasons why a company should consider entering into non-compete agreements with key employees.
Entering into non-compete agreements with […]
July 15, 2012
The Texas Supreme Court recently considered the calculation of an attorney’s fee award in an employment discrimination and retaliation case brought pursuant to Texas’s antidiscrimination statute. El Apple I, Ltd. v. Olivas, No. 10-0490, (Tex. June 22, 2012), available at http://www.supreme.courts.state.tx.us/historical/2012/jun/100490.pdf.
Texas uses the lodestar method when awarding attorney’s fees. A court must first determine […]