Texas Employers and Employees May Waive Their Rights to a Jury Trial

/cdklawyers.com// 10/08/2010 In Texas, employers and employees can contractually waive the right to a trial by jury by including a jury waiver provision in a contract that governs their relationship.  Then, instead of a jury determining the outcome of any lawsuit arising from the employment relationship, a judge would hear the testimony and act as […]

Fifth Circuit Reverses Summary Judgment in ERISA Matter

/cdklawyers.com// 09/15/2010 The Fifth Circuit Court of Appeals recently reversed summary judgment for plan participants in an ERISA matter.  Dupre v. Employee Benefit Servs. of La., Inc., No. 09-30990 (5th Cir. Sept. 2, 2010), available at http://www.ca5.uscourts.gov/opinions/unpub/09/09-30990.0.wpd.pdf.  Jennifer Dupre, a morbidly obese woman, planned to have gastric bypass surgery and sought coverage under the ERISA […]

Retrieving Personal Data From a Company-Owned Computer After a Termination

/cdklawyers.com// 09/13/2010 Dallas employment counsel Keith Clouse advises employees not to save personal data (such as music, photographs, on-line bill payment receipts or contact information for family members and friends) on company-owned computers because companies typically retain ownership over any files saved on their computers.  But what happens when an employee who has saved personal […]

Dallas Employment Law Attorney Keith Clouse Believes Treating Employees with Respect Leads to Fewer Employment Lawsuits

/cdklawyers.com// 08/01/2010 Keith Clouse, a Dallas attorney who advises employers on employment-related issues, believes that an employer can minimize its exposure to employment lawsuits by simply treating its employees fairly and with respect during the termination process.  A terminated employee who feels humiliated and mistreated is far more likely to sue a former employer than […]

Dallas Non-Compete Attorney Keith Clouse Notes that Declaratory Judgment Actions Over Non-Compete Agreements May Benefit Former Employees

Dallas non-compete lawyer Keith Clouse believes that, in some cases, an individual who entered into a non-compete agreement with a former employer may benefit by filing a declaratory judgment action and asking a judge to rule on the applicability of the non-compete agreement. In a declaratory judgment action, a judge can establish the enforceability of […]

Employment Law News: Fifth Circuit Affirms Summary Judgment for Employer

/cdklawyers.com// 04/04/2010 The Fifth Circuit Court of Appeals recently affirmed summary judgment for an employer in a discrimination case.  Jackson v. Cal-W. Packaging Corp., No. 09-20411 (5th Cir. March 2, 2010), available at http://www.ca5.uscourts.gov/opinions/pub/09/09-20411-CV0.wpd.pdf. The plaintiff sued his former employer for age discrimination after allegedly being fired for non-compliance with the company’s sexual harassment policy.  […]

Dallas discrimination attorney Report: Fifth Circuit Court of Appeals Rules for Employer in Religious Discrimination

/cdklawyers.com// 03/28/2010 The Fifth Circuit Court of Appeals recently affirmed summary judgment for an employer in a discrimination case.  Kretchmer v. Eveden Inc., No. 09-10556 (5th Cir. March 12, 2010), available at http://www.ca5.uscourts.gov/opinions/unpub/09/09-10556.0.wpd.pdf. The plaintiff sued his former employer for religious and age discrimination after being terminated from his position as a sales account executive.  […]

Dallas Court of Appeals Enforces Forum Selection Clause in Employment Contract

/cdklawyers.com// 03/23/2010 The Court of Appeals located in Dallas, Texas recently enforced a forum selection clause contained in an employment agreement.  Godenick v. Mannatech, Inc., No. 05-09-00269-CV (Tex. App.—Dallas March 3, 2010, no pet. h.), available at http://www.5thcoa.courts.state.tx.us/cgi-bin/as_web.exe?c05_10.ask+D+4781377.  In the employment agreement, the parties agreed to exclusive venue and personal jurisdiction in Dallas County, Texas […]

Texas Court Finds Employer Did Not Treat Male Employee Differently – Dallas Employment Lawyer Keith Clouse Reports

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

Employers Must Give Employee Adequate Consideration to Support Non-Compete Agreements

/cdklawyers.com// 03/16/2010 A non-compete agreement forbids an employee from competing with an employer post-employment.  But, cautions Dallas non-compete attorney Keith Clouse, an employer must provide adequate consideration to the employee for the contract to be enforceable. In Texas, the consideration given by an employer must give rise to the employer’s interest in restraining the employee […]