Should an Employer Require a Terminated Employee to Sign a Release at the Termination Meeting?
/cdklawyers.com// 04/06/2012 How an employer handles a termination can significantly impact future dealings with the terminated employee. Therefore, before terminating an employee, an employer must address certain concerns, such as whether all termination policies have been followed, how to handle the employee’s last moments on the job, and whether a difficult situation warrants a call […]
Thinking of Hiring an Unpaid Summer Intern? Be Sure the Internship Meets These Requirements.
/cdklawyers.com// 03/31/2012 A frequent violation of the Fair Labor Standards Act concerns unpaid summer interns. Many business owners want to introduce students to their businesses, but, because of financial concerns, they hire the students as unpaid interns. According to the United States Department of Labor, however, unless the relationship meets certain criteria, an intern must […]
“No-Raid” Clauses in Employment Agreements Explained by Dallas, Texas Employment Lawyer
/cdklawyers.com// 03/23/2012 Keith Clouse, a Dallas, Texas employment lawyer, advises employers and employees on a variety of workplace legal issues and litigates employment-related disputes for his clients. He also negotiates and drafts employment agreements for employers and executives. Many of these employment agreements contain non-solicitation clauses (also known as no-raid clauses). He explains this term […]
Fifth Circuit Rules in Physician’s Employment Discrimination Case
/cdklawyers.com// 03/22/2012 The Fifth Circuit Court of Appeals recently ruled in a physician’s employment discrimination case. Nassar v. Univ. of Tex. S.W. Medical Center, No. 11-10338 (5th Cir. March 8, 2012), available at http://www.ca5.uscourts.gov/opinions/pub/11/11-10338-CV0.wpd.pdf. The jury found that the doctor was constructively discharged and retaliated against. The employer appealed. Constructive discharge claims are essentially […]
Dallas Employment Lawyer Explains How Employers Can Help Their Employment Lawyers Increase Efficiency
/cdklawyers.com// 03/10/2012 Most businesses need employment law attorneys to litigate disputes with employees and to provide general employment law advice. Keith Clouse, a Dallas, Texas employment law counselor, suggests ways an employer can minimize the expenses associated with such services. First, the employer should always contact a lawyer at the first sign of legal […]
Executives Moving to Texas Should Ask a Texas Employment Lawyer to Explain Texas Non-Compete Law
/cdklawyers.com// 02/18/2012 Texas non-compete lawyer Keith Clouse not only negotiates non-compete agreements for executives entering into employment relationships, but he also litigates disputes over these agreements when executives leave employers. In some cases, these disputes involve misunderstandings about Texas non-compete law. Therefore, Mr. Clouse cautions an executive who is asked to sign a non-compete agreement […]
Texas Employment Lawyer Cautions Physicians to Consider Key Provisions in Employment Agreements
/cdklawyers.com// 01/06/2012 Keith Clouse, a Dallas lawyer who specializes in employment law, drafts and reviews many employment agreements for physicians. Mr. Clouse believes that a doctor must carefully consider certain provisions before signing a proposed employment contract. For example, a doctor must consider: • Whether the term of the contract is long enough to allow the […]
Fifth Circuit Court of Appeals Reverses Summary Judgment in Race Discrimination Case
/cdklawyers.com// 12/31/2011 The Fifth Circuit Court of Appeals recently reversed a summary judgment for an employer in a race discrimination case. Vaughn v. Woodforest Bank, No. 11-60102 (5th Cir. Dec. 21, 2011), available at http://www.ca5.uscourts.gov/opinions/pub/11/11-60102-CV0.wpd.pdf. Although she received a favorable performance review, the plaintiff was fired for “unsatisfactory conduct” after the employer conducted a […]
Employment Law Mistake: Misclassifying Employees as Independent Contractors
/cdklawyers.com// 12/24/2011 In these tough economic times, many companies attempt to cut costs by hiring independent contractors instead of employees. Using independent contractors can be financially advantageous since a company that hires an independent contractor does not pay certain taxes, health benefits, unemployment compensation insurance, or workers’ compensation insurance. But, while many employers hire independent […]
End-of-Year Employment Law Considerations
/cdklawyers.com// 12/23/2011 Many companies are scrambling right now to get through the busiest part of the year and to resolve end-of-year financial issues. That said, this time is ideal for a company’s human resources team to review the company’s employment files, policies, and practices and to make changes for the upcoming year. The human […]
Department of Labor Oversees Enforcement of Many Laws
/cdklawyers.com// 12/15/2011 The United States Department of Labor administers and enforces more than 180 federal laws that cover workplace activities for approximately 10 million employers and 125 million workers. A few of the most commonly applied laws administered by the Department of Labor include:• Fair Labor Standards Act. This law prescribes standards for wages and […]
Non-Disparagement Clauses in Employment-Related Settlement Agreements
/cdklawyers.com// 12/01/2011 Employment law attorneys frequently include non-disparagement clauses in settlement agreements that resolve litigation between employers and former employees and in severance agreements between employers and departing employees. In a typical non-disparagement clause, one party agrees not to make any statements, either written or verbal, that disparage or criticize the other party. In […]