Fifth Circuit Court of Appeals Reverses Summary Judgment in Employment Discrimination/Retaliation Matter
/cdklawyers.com// 08/25/2012 A plaintiff claimed his employer discriminated against him because of his non-Japanese origin and retaliated against him when he complained about the discrimination. The district court granted summary judgment for the employer, but the Fifth Circuit Court of Appeals reversed that determination. Schirle v. Sokudo USA, L.L.C., et al., No. 11-10788 (5th Cir. […]
Employers Should Take a Stand on Workplace Bullying
/cdklawyers.com// 08/22/2012 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 […]
Dallas Physician Employment Contract Attorney Discusses Call Coverage
/cdklawyers.com// 08/18/2012 Keith Clouse is a Dallas-based employment law attorney who frequently negotiates employment contracts for physicians. Mr. Clouse notes that one, often-overlooked, provision can dramatically impact a doctor’s personal life—a provision setting out the doctor’s call obligations. If a doctor’s call obligations turn out to be greater than anticipated, the doctor may end up […]
Fifth Circuit Court of Appeals Rules on FLSA Issue Involving Settlement
/cdklawyers.com// 08/11/2012 The Fifth Circuit Court of Appeals recently ruled on an issue regarding the Fair Labor Standards Act. Martin, et al. v. Spring Break ‘83 Prods., L.L.C., et al. No. 11-30671 (5th Cir. July 24, 2012), available at http://www.ca5.uscourts.gov/opinions/pub/11/11-30671-CV0.wpd.pdf. A union representing workers involved in the production of a movie signed a settlement […]
Dallas Employment Lawyer Shares Tips for Disciplining Employees
/cdklawyers.com// 08/10/2012 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 […]
Fifth Circuit Court of Appeals Rules in Same-Sex Discrimination Matter
/cdklawyers.com// 08/03/2012 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 […]
Dallas Employment Lawyer: Consult a Lawyer Before Signing a Release
/cdklawyers.com// 07/29/2012 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 […]
Texas Supreme Court Rules on Negligent Hiring and Supervision Matter
/cdklawyers.com// 07/27/2012 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 […]
Texas Supreme Court Addresses Age Discrimination Issue
/cdklawyers.com// 07/20/2012 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? […]
Should Your Business Utilize Non-Compete Agreements?
/cdklawyers.com// 07/14/2012 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 […]
Texas Supreme Court Addresses Attorney’s Fee Award in Employment Discrimination Matter
/cdklawyers.com// 07/13/2012 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 […]
Dallas, Texas Non-Compete Lawyer Discusses Reformation of Non-Compete Agreements
/cdklawyers.com// 07/08/2012 Dallas, Texas non-compete lawyer Keith Clouse both drafts non-compete agreements and litigates disputes over alleged breaches of non-compete agreements. He notes that, in Texas, these agreements must meet certain legal standards to be enforced. If a non-compete provision does not satisfy those standards, a court must reform the agreement and enforce it as […]