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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Circumstantial Evidence – Employment Claims Alive and Well in Texas
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
2017 Arbitration Thoughts
Over the years we’ve been building a list to consider when putting together an arbitration provision.
- A requirement that the case be disposed of within a certain time period. (i.e. 6 months from filing);
- A limitation on the number of witnesses that can be called, the amount of time each side has to put on
The Non-Compete Buyout
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
How to Handle a Firing
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
EEOC On Site Inspections – What you need to know and should be thinking about.
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
Employers – EEOC Charges Up for 2015
Filing a charge of discrimination with the EEOC is not difficult for a motivated former employee. A lawyer is not necessary and there is enough instruction from the EEOC and the world wide web to give someone pretty detailed guidance on what to do. Once the complaint is filed the EEOC (or similar state
RG3 and the Employee Departure
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
Sarkisian Sues USC
https://www.scribd.com/doc/292539143/Sarkisian-lawsuit
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
Breaking Down the Texas Non-Compete Case
There is a good article from the Houston Chronicle this week outlining a non-compete dispute between two former compensation consultants and their former employer. The facts are pretty standard fare for this type of dispute:
- professionals have some type of non-compete agreement with former employer;
- former employer finds out professionals are leaving in violation