Tag: Employment Law

Texas Supreme Court Clarifies Issues Regarding Wrongful Termination Cases in Texas

/cdklawyers.com// 04/27/2012 The Texas Supreme Court recently ruled on a case involving the wrongful termination of an employee because the employee refused to perform an illegal act. Safeshred, Inc. v. Martinez, No. 10-0426 (Tex. Apr. 20, 2012), available at http://www.supreme.courts.state.tx.us/historical/2012/apr/100426.pdf.   The employee refused to drive a truck because the truck did not comply with […]

Texas Employment Law Issue: Withholding an Employee’s Final Paycheck

/cdklawyers.com// 04/12/2012 Unfortunately, when an employer fires an employee, not all loose ends can be addressed at the termination meeting. So, can an employer withhold the terminated employee’s final paycheck until the employee addresses the employer’s concerns? For example, can an employer tell the terminated employee that she will get her final paycheck if and […]

Texas Supreme Court Addresses Jury Trial Waiver in an Employment Law Matter

/cdklawyers.com// 03/16/2012 The Texas Supreme Court recently held that a threat to fire an at-will employee for refusing to sign a jury waiver does not amount to coercion that would invalidate the jury waiver agreement. In re Frank Kent Motor Co., No. 10-0687 (Tex. March 9, 2012), available at http://www.supreme.courts.state.tx.us/historical/2012/mar/100687.pdf.   The at-will employee had […]

Texas Supreme Court Rules on Workers’ Compensation Coverage Issue

/cdklawyers.com// 02/10/2012 The Texas Supreme Court recently ruled on a workers’ compensation coverage issue. Port Elevator-Brownsville, L.L.C. v. Casados, No. 10-0523 (Tex. Jan. 27, 2012), available at http://www.supreme.courts.state.tx.us/historical/2012/jan/100523.pdf. The plaintiffs’ son suffered a fatal work-related injury while working as a temporary worker for Port Elevator. The plaintiffs did not seek workers’ compensation benefits from Port […]

It’s the Season: Time Off for Holidays in Texas

/cdklawyers.com// 11/19/2011 With the holidays rapidly approaching, employers and employees alike may be asking questions about holiday pay and time off for special days. Although many employers offer paid holidays to their employees as a benefit, no Texas or federal law actually mandates that employees be paid for taking time off to celebrate a holiday. […]

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 […]

Naples FL employment law: Waiter files discrimination suit against Ritz-Carlton

Legal News for Florida Discrimination Attorneys. A Ritz-Carlton employee filed a suit against the hotel for accepting a family’s ‘no colored waiter’ request. News for Florida discrimination lawyers- A former Ritz-Carlton Naples employee filed a discrimination lawsuit against the luxury hotel. Napes, FL—A discrimination lawsuit was filed against the luxury Ritz-Carlton Naples hotel with regard […]

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 […]

Fifth Circuit Rules for Employer in Retaliation Claim under Texas Health and Safety Code

/cdklawyers.com// 03/07/2010 The Fifth Circuit ruled for an employer in a workplace retaliation matter.  Johnson v. Diversicare Afton Oaks LLC, No. 08-20827 (5th Cir. Feb. 17, 2010), available at http://www.ca5.uscourts.gov/opinions/pub/08/08-20827-CV0.wpd.pdf. The plaintiff, an assistant director at a nursing home, failed to investigate an alleged incident of resident abuse and was suspended pending an investigation into […]

Dallas non-compete attorney Keith Clouse reports – Houston Court Rules in Trade Secret Misappropriation Claim

An appellate court in Houston ruled for a former employee in a trade secret misappropriation case.  Gen. Insulation Co. v. King, No. 14-08-00633-CV (Tex. App.—Houston [14th Dist.] Jan. 26, 2010, no pet. h.), available at http://www.14thcoa.courts.state.tx.us/opinions/htmlopinion.asp?OpinionId=86517.An employer sued a former employee for misappropriation of trade secrets and breach of an agreement not to use or […]