Tag: employment lawyers

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 […]

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 […]

Regional and State Unemployment in 2011

/cdklawyers.com// 03/17/2012 The United States Bureau of Labor Statistics recently issued a news release regarding the 2011 averages for regional and state unemployment statistics.   According to the news release, annual average unemployment rates declined in 48 states and rose in 2 states and the District of Columbia. Eight of the nine geographic divisions reported […]

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 […]

Dallas Employment Law Attorney Explains Why So Many Employment-Related Lawsuits Settle

/cdklawyers.com// 03/11/2012 Most civil lawsuits, including employment law cases, settle well before trial. Keith Clouse, a Dallas, Texas employment lawyer, explains some of the reasons why so many employment-related lawsuits settle.   First, cost motivates many settlements. Litigation is expensive, and attorney fees add up quickly. For employers, costs also include the time and attention […]

Dallas Noncompete Lawyer Discusses Texas Court Ruling on Noncompete Issue

/cdklawyers.com// 03/03/2012 Keith Clouse, a Dallas noncompete lawyer, comments on a Houston court’s ruling that overrode a choice-of-law provision to apply Texas law to a forfeiture agreement. Drennen v. Exxon Mobil Corp., No. 14-10-01099-CV (Tex. App.—Houston [14th], Feb. 14, 2012), available at http://www.search.txcourts.gov/SearchMedia.aspx?MediaVersionID=df777ff1-b5da-4eb0-a244-524632f65d04&MediaID=bd9c3101-8b09-48ec-bf68-8ae33937470c&coa=coa14&DT=Opinion.   The agreement entitled the employee to receive incentive awards unless the […]

Dallas, Texas Employment Law Lawyer Explains How to Investigate Employee Complaints

/cdklawyers.com// 03/02/2012 Unfortunately, almost every employer will face discrimination or harassment complaints at some point. How an employer investigates these complaints may protect the employer from expensive lawsuits, according to Dallas employment law lawyer Keith Clouse.   As an initial matter, an employer should establish a reporting procedure so that employees know how and to whom to […]