Last night County Judge Clay Jenkins went over the contents of a shelter in place order that goes into effect tonight (3/23/20) at 11:59 pm. The basis for the order is to prevent an overrun of North Texas hospitals and the projections are here. Hopefully we never get there. The complete text
The President signed the Families First CoronaVirus Response Act last night after the Senate approved the measure earlier in the day. Though the scope of the legislation is much broader our focus is sick pay and expanded FMLA leave. What it means for employers:
The When and Who
No one likes exit interviews, well most folks don’t. The employee is departing the interviewer is checking off the boxes. But, from the employer’s perspective they can be invaluable if handled correctly and I recommend them. Some considerations:
Last week, Google said it was no longer going to enforce its anti-poaching provision that includes in its employment contracts. I don’t see them going anywhere as it relates to Texas employers/employees.
Under Texas law, an anti-poaching provision has to satisfy the Texas non-compete statute meaning it has to be ancillary to an otherwise
At the outset of most employment relationships, the employer will have an employee sign a litany of documents ranging from a IRS form W4 to a non-compete agreement. Buried within those documents is usually some form of a confidentiality agreement. Within the agreement the employee agrees not to share any of the employer’s confidential information while an employee and after they depart. Sometimes the agreement is referred to as a non-disclosure agreement or NDA. Here is an example of a clause from such an agreement:
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Yesterday’s Dallas Morning News homepage had not 1 but 2 employment related cases. Texas icon Whataburger has been sued for alleged discriminatory hiring practices and CBS 11 has been sued for violating the ADEA when it chose to hire a younger female traffic reporter over 44 year old Tammy Dombeck. Both cases were filed by
Over the years we’ve been building a list to consider when putting together an arbitration provision.
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 buy
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
We’ve talked here multiple times about the EEOC charge process and how a employers should handle the process. Employers have to keep their eye on the ultimate goal – an EEOC Form 161 Right to Sue letter. Of course the EEOC will ask the employer for a position statement and certain documents, but what