Smooth Transitions

Smooth Transitions

addressing the Legal issues arising from the departure of employees & Business breakups

Category Archives: HR Issues

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The Non-Compete Buyout

Posted in Hiring and Firing, HR Issues, Injunction, Non-Compete Agreements, Non-Solicitation Agreements, Trade Secrets
  One option we’ve never spent much time discussing here as it relates to non-competes is the buyout option – on both sides.  Buying out a non-compete is neither new nor novel.  Physician non-competes in Texas require that the non-compete provision include a buyout option.   The statute provides: the covenant must provide for a… Continue Reading

How to Handle a Firing

Posted in Hiring and Firing, HR Issues, Uncategorized
  From an employer’s perspective the firing of an employee is hopefully the culmination of a deliberative process and compliance with the company’s policies and procedures.  It is the ultimate adverse employment action and everything that is said and done may be put under the microscope by an employee’s lawyer, EEOC, or Texas Commission on… Continue Reading

EEOC’s 2016 Stats in Texas

Posted in HR Issues
  As a lawyer who frequently deals with EEOC charges/responses the EEOC’s yearly statistics always provide some interesting information on what folks are filing claims over these days.  Here is a link to a state by state breakdown of claims in 2016.  So what were some key Texas numbers?  Here are a few: 9,308 Total… Continue Reading

Nothing Like A Hair Stylist Non-Compete Case

Posted in HR Issues, Injunction, Non-Compete Agreements, Non-Solicitation Agreements, Recent Cases, Uncategorized
The details are slim from a recent article from the New York Post about a $3 million dollar non-compete/breach of contract case against a New York City hair stylist.  What we know: Stylist Annie Rush worked at the salon for 6 years; Apparently she is alleged to have signed a 1 year non-compete (that is… Continue Reading

End of Year Employment Checklist

Posted in HR Issues
As we creep up on the end of the year employers should be considering/doing a  number of things: Is the company employee manual up to date – any changes necessary? – The end of the year is always a good time to review those policies and procedures and see how they worked in 2016.  Often… Continue Reading

Delay on overtime rules?

Posted in HR Issues
A few months ago the new overtime rules came out and were supposed to go into effect on December 1, 2016.  Here is our discussion of the rules.  Since that time there were a number of lawsuits filed by states attorney generals (including Texas) to challenge/delay the rules.  The House of Representatives then passed a… Continue Reading

New Overtime Rules

Posted in HR Issues
Thee new “Whit Collar Rule” for exempt/non-exempt from the Department of Labor kicks in on December 1, 2016.  In short, employers will no longer be able to treat “white collar” employees that make more than $47,476 per year as exempt and will pay overtime once they work over 4o hours a week.  The DOL suggests… Continue Reading

RG3 and the Employee Departure

Posted in Hiring and Firing, HR Issues
A few weeks ago Washington Quarterback Robert Griffin III left the Washington lockeroom for what all believe was the last time.  RG3, a Heisman winner at Baylor, will likely be cut.  It was only a couple of seasons ago that Washington fans believed he was their football saivor as he led them to a division… Continue Reading

Texas Hand Gun Talk

Posted in HR Issues, Uncategorized
  A few months ago I highlighted the ins and outs of the new Texas Open Carry law here.  The short of it is Texas’ businesses need to strictly follow the open carry and conceal carry notice provisions if they want to prevent folks from bringing guns into their place of business.  That means two… Continue Reading

Sarkisian Sues USC

Posted in Hiring and Firing, HR Issues, Uncategorized
  A few weeks ago we discussed the firing of former USC football coach Steve Sarkisian.  Since then Sarkisan has filed his own lawsuit in California state court.  Deadspin has a great breakdown of the lawsuit and the lawsuit itself.  Sarkisian asserts he is an alcholic and USC failed to work with him with respect… Continue Reading

Sarkisian’s Last Chance

Posted in HR Issues, Uncategorized
  Yesterday, we wrote about the alchohol related firing of USC Head Coach Steve Sarkisian.  Since that time some more details have come out about the firing, including reports that Sarkisian’s latest alcohol incidents constituted a breach of an agreement he entered into in August with USC. My guess would be Sarkisian signed a “last… Continue Reading

Sports Employment Law Issues 3

Posted in HR Issues, Uncategorized
A number of interesting employment law related stories in the world of sports: 1.  Steve Sarkisian – Sarkisian was a star quarterback at BYU and former coach of the University of Washington until taking over the helm of USC.  Reports are that he has an alcohol problem and appeared at work under the influence.  USC… Continue Reading

The Uber Update

Posted in HR Issues
    Last week in Dallas, Uber Black drivers went on strike and refused to pick up cheaper Uber X fares.  For those not familiar with the difference, Uber Black is the higher end service with nicer cars while Uber X is cheaper.  Uber Black drivers did not want to drop their fares and a… Continue Reading

Packing Heat in Texas – What employers can do.

Posted in HR Issues, Uncategorized
  This past legislative seesion Texas joined other states in passing open carry legislation for gun owners.  In short, as of January 1, 2016, qualified individual will be permitted to openly carry firearms.  The qualifications of gun owners and other frequently asked questions are addressed here.  Just like for concealed carry, businesses/employers can restrict individuals from… Continue Reading

Sports Employment Law Issues Vol. 2

Posted in HR Issues
So much has been underway in the world of sports employment issues since our first installment I’m just going to focus on items related to the Dallas teams.  No, I’m not a Cowboys fan but they provide plenty of fodder that is magnified by our local and national media. So without further adieu: The signing… Continue Reading

The Army weighs in on tatoos.

Posted in HR Issues
A few months ago we discussed tatoos in the work place and general acceptance of tatoos in society.  The Army has weighed in on the tatoo discussion relaxing its tatoo policies indicating that policies limiting the number and size of tatoos will be a thing of the past.  Basically, tatoos are okay as long as… Continue Reading

Tatoos and Potential Employees

Posted in HR Issues
I read an interesting article in the Dallas Morning News about folks getting tatoos and bias against tatoos in the workplace. Some of the highlights: a lot more younger people are getting tatoos and piercings; some employers have outright bans on tatoos on the neck or face; some of the older folks that run companies… Continue Reading

Sports Employment Issues Vol 1

Posted in HR Issues
I like sports.  Some more than others.  The great thing about professional sports is that they provide us high profile and in some instances highly scrutinized employment situations.  Just look at the NFL this year.  We have had: (1) a suspension/reinstatement for Ray Rice related to domestic violence; (2) the suspension/appeal of Adrian Peterson for… Continue Reading
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