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 […]
United States Supreme Court Recognizes Third-Party Retaliation Claim
/cdklawyers.com// 01/28/2011 The United States Supreme Court recently ruled that an employee who has not engaged in activity protected by Title VII of the Civil Rights Act of 1964 may still bring a third-party retaliation claim if the employee was fired because of the employee’s relationship with a person who has engaged in protected activity. […]
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 […]
Hosting an Office Party–Avoiding Unintended Legal Consequences
/cdklawyers.com// 11/19/2010 With the holidays approaching, many employers plan to host office parties. While these events can be fun, morale-boosting experiences, they can also lead to unintended legal consequences. Keith Clouse, a Dallas employment law attorney who frequently counsels employers on employee issues, offers the following suggestions: • Do not require employees to participate. For a […]
Terminating an Employee Who Belongs to a Protected Class
/cdklawyers.com// 11/18/2010 An employer’s reason for discharging an employee cannot be based on the employee’s membership in a class protected by law. For example, an employer cannot fire an employee because the employee is of a certain race or religion or because the employee is pregnant. But, of course, an employer may fire an employee […]
Employers May Need to Update Employee Handbooks for Calendar Year 2011
/cdklawyers.com// 11/08/2010 As the final months of 2010 come around, many employers may be thinking ahead to 2011. The coming new year provides a chance for an employer to reflect on which company policies are working (or not working) and to verify that its policies comply with all applicable laws. Reviewing and updating an employee […]
Small Businesses Should Get Agreements in Writing Says Dallas employment lawyer
/cdklawyers.com// 01/27/2010 Many small businesses routinely deal with other companies and individuals on a friendly, casual basis, entering into numerous oral agreements with no problems. For example, a business may loan money to an employee or offer an advance on an employee’s paycheck without putting the parties’ agreement in writing. In most instances, no problems […]
Keith Clouse, Employment Law Arbitrator, Discusses the Pros and Cons of Arbitrating an Employment Dispute
Many employers require employees to sign arbitration agreements as a condition of employment, but sometimes an employer will ask an employee (or former employee) to submit a claim to arbitration after the dispute has arisen. By agreeing to arbitrate a matter, the parties agree to bypass the court system and to allow a neutral third […]
Employment Law News Dallas -Water Utilities faces discrimination lawsuit
Legal news for employment attorneys. Thirteen workers filed a civil rights lawsuit against Dallas Water Utilities on racial allegations. Texas employment lawyers alerts- Thirteen workers filed a discrimination lawsuit against Dallas Water Utilities. Dallas, TX—A federal civil rights lawsuit filed against City Hall by thirteen Dallas Water Utilities employees, alleges they regularly endured racial discrimination […]
Dallas Employment Lawyer Keith Clouse Explains How an Employment-Related Lawsuit Unfolds
/cdklawyers.com/Keith Clouse – Dallas Employment Lawyer Unfortunately, not all employment relationships end well; some end up at the courthouse. Dallas employment lawyer Keith Clouse explains what happens next. A lawsuit is typically filed by a former employee, and the defendant company must then answer it within the required timeframe. At that point, the parties will […]