Negligence Actions in Texas Against an Employer
/cdklawyers.com// 02/14/2011 Many employers in Texas subscribe to Texas Workers’ Compensation. This is a state-regulated insurance program that provides benefits to employees who suffer work-related injuries or illnesses. But employers are not required to subscribe to the program. If an employer opts not to subscribe, an employee may sue the employer for negligence if the […]
Employment Law Issue: Reference Letter as a Condition of a Settlement Agreement or a Separation Agreement
/cdklawyers.com// 02/12/2011 Certain situations may lead a former employee to ask an employer for a reference letter. These requests frequently occur when parties settle an employment-related lawsuit or when parties negotiate a separation agreement. How should an employer respond to these requests? At a basic level, the employer most likely should respond to these requests […]
Breach of Fiduciary Duty by an Employee
/cdklawyers.com// 02/09/2011 An employee in Texas may owe his or her employer a general duty of loyalty. This requires an employee to act primarily for the benefit of the employer in matters connected to the job. For example, an employee must fully disclose information about matters affecting the employer’s business and cannot usurp an opportunity […]
Telecommuting: Employment Law Legal Risks
/cdklawyers.com// 02/02/2011 More workers than ever now telecommute. Telecommuting can significantly reduce an employer’s overhead expenses, but telecommuting can also lead to increased employment law legal risks for an employer. One potential litigation pitfall concerns overtime compensation for employees who are not exempt from the Fair Labor Standards Act. These employees may seek overtime compensation […]
Who Qualifies as an “Employer” Under Title VII of the Civil Rights Act of 1964?
/cdklawyers.com// 01/26/2011 Title VII of the Civil Rights Act of 1964, as amended, prohibits an employer from discriminating against an employee based on the employee’s race, color, national origin, gender, or religion. But not every person or entity that employs workers qualifies as an employer under the statute and thus not every entity is bound […]
Making the Most of Your First Consultation with an Employment Lawyer to Discuss a Non-Compete Matter
/cdklawyers.com// 01/20/2011 Dallas, Texas non-compete lawyer Keith Clouse believes that an executive bound by a non-compete agreement should consult with an employment law attorney before taking any actions that could violate the non-compete agreement’s terms. Mr. Clouse suggests that the executive deliver key documents to the employment law attorney prior to the initial consultation to […]
Dallas Court Vacates Arbitration Award in Employment Matter
/cdklawyers.com// 01/18/2011 A Dallas appellate court recently vacated an arbitration award in an employment matter. Alim v. KBR (Kellogg, Brown & Root) – Halliburton, No. 05-09-00395-CV (Tex. App.—Dallas, Jan. 10, 2011), available at http://www.5thcoa.courts.state.tx.us/cgi-bin/as_web.exe?c05topin.ask+D+137543. An arbitrator issued an award that denied an individual’s employment-related claims. The individual, having learned that the arbitrator did not disclose […]
Fifth Circuit Court of Appeals Addresses FLSA Issue
/cdklawyers.com// 01/08/2011 The Fifth Circuit Court of Appeals recently addressed an issue arising under the Fair Labor Standards Act. Martin v. PepsiAmericas, Inc., No. 09-60896 (5th Cir. Dec. 28, 2010), available at http://www.ca5.uscourts.gov/opinions/pub/09/09-60896-CV0.wpd.pdf. The plaintiff sued her former employer for unpaid overtime wages. The district court granted the employer’s motion to dismiss after finding that […]
Hiring an Employment Law Attorney to Conduct Employee Training Sessions
/cdklawyers.com// 01/07/2011 Many companies train employees on key employment policies, such as discrimination and harassment. These programs are typically designed to both help the employer comply with federal and state employment laws and to prevent harassment and discrimination from occurring. Equally important, however, if an employer fails to properly train employees on these matters, the […]
Fifth Circuit Court of Appeals Resolves ERISA Issue
/cdklawyers.com// 12/29/2010 The Fifth Circuit Court of Appeals recently resolved a case concerning the Employee Retirement Income Security Act of 1974. Leipzig v. Principal Life Ins. Co., No. 10-10394 (Nov. 29, 2010), available at http://www.ca5.uscourts.gov/opinions/unpub/10/10-10394.1.wpd.pdf. The plaintiff alleged that the insurance company denied his disability insurance claim in violation of ERISA, and he appealed a […]
Hiring a Job Candidate Who Is Bound By a Non-Compete Agreement
/cdklawyers.com// 12/28/2010 Hiring a job candidate who is subject to a non-compete agreement with a former employer may expose an employer to huge risks. Before doing so, Keith Clouse, a Dallas non-compete lawyer, suggests an employer contact employment law counsel. An employment lawyer can advise an employer on how to avoid litigating against the job […]
Texas Supreme Courts Addresses Workers’ Compensation Issue
/cdklawyers.com// 12/21/2010 The Texas Supreme Court recently addressed an issue arising under the Texas Workers’ Compensation Act. Leordeanu v. Am. Protection Ins. Co., No. 09-0330 (Tex. Dec. 3, 2010), available at http://www.supreme.courts.state.tx.us/historical/2010/dec/090330.htm. The Court answered the question, “Is traveling from one workplace to another while on the way home in the ‘course and scope of […]