By Rob Radcliff on Posted in Arbitration,Drafting,Hiring and Firing,HR Issues,Texas,Trade SecretsOver 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… Continue Reading
By Rob Radcliff on 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
By Rob Radcliff on Posted in Hiring and Firing,HR Issues 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 if the… Continue Reading
By Rob Radcliff on Posted in Hiring and Firing,HR Issues 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… Continue Reading
By Rob Radcliff on Posted in Hiring and Firing,HR IssuesA 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
By Rob Radcliff on 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
By Rob Radcliff on Posted in Hiring and Firing,HR IssuesHere in Dallas this morning we are trying to recover from what went from a fairy tale NBA free agent signing to a team on the decline that is still on the decline. You might not be an NBA fan or sports fan for that matter but picture this: The Dallas Mavericks are several years out… Continue Reading
By Rob Radcliff on Posted in Hiring and Firing,HR Issues,Uncategorized In late May a Houston jury issued a $3 million dollar plaintiff’s verdict against National Oilwell Varco. The jury awarded Plaintiff Manasseh Simmons $775,000 in back pay and $2.5 million dollars in punitive damages based on violations of various anti-discrimination laws. A few days later, the case settled for an undisclosed amount. I don’t… Continue Reading
By Rob Radcliff on Posted in Executive Compensation,Hiring and Firing,Recent CasesSunday night was the midseason finale of Mad Men. It’s always hard to stick with a television series for more then a few seasons, at least for me. Mad Men has been no different but I still follow along into season 7. The trials and tribulations of Don Draper have been fascinating coupled with the… Continue Reading
By Rob Radcliff on Posted in Hiring and Firing A few weeks ago we discussed a Texas employer hiring new employees based upon their Body Mass Index. The dangers of considering weight in employment decisions were recently exemplified in a press release from the EEOC. In that release, it was announced that a treatment facility for chemically dependent women and children was paying $125,000 to… Continue Reading
By Rob Radcliff on Posted in Hiring and FiringTexas Tech won its appeal against Mike Leach and his claims for millions of dollars in compensation are gone. The Seventh Court of Appeals, based in Amarillo, recently took up Texas Tech’s claim of sovereign immunity and reversed the trial court, finding in Tech’s favor. The Court ruled in its opinion that Leach cannot maintain a breach of contract claim against the… Continue Reading
By Rob Radcliff on Posted in Hiring and Firing Here is a link to an article discussing some "different" questions asked during interviews this past year. Some favorites: "There are three boxes, one contains only apples, one contains only oranges, and one contains both apples and oranges. The boxes have been incorrectly labeled such that no label identifies the actual contents of the… Continue Reading
By Rob Radcliff on Posted in Hiring and Firing A while back we discussed the DOJ’s investigation into allegations that technology giants in Silicon Valley were effectively preventing computer programmers from making job changes by agreeing not to poach their competitors’ employees. Last week the DOJ filed a lawsuit along with a proposed settlement with Apple Inc., Adobe Systems Inc., Google Inc., Intel Corp.,… Continue Reading
By Rob Radcliff on Posted in Hiring and Firing It’s that time of year – the NFL season is drawing to a close and fantasy football leagues are in the midst of the playoffs. Fantasy leagues are as popular as ever and cover all sports, not just football. Fantasy leagues based on the NFL are by far the most popular and in many instances… Continue Reading
By Rob Radcliff on Posted in Hiring and Firing High-tech companies have been vigorous in their attempts to keep employees from departing to competitors as evidenced by the Mark Papermaster lawsuit filed by IBM and Steven Johnson case. According to some reports, Google and Microsoft entered into an unofficial agreement not to poach each others’ employees. Essentially, neither company would actively pursue or recruit… Continue Reading
By Rob Radcliff on Posted in Hiring and Firing All employment relationships in Texas are presumed to be at-will, meaning an employer can fire an employee with or without cause. There are of course, exceptions. Rebutting the presumption of at-will employment is an uphill battle. In Cahak v. Rehab Care Group, Inc., a 2008 Waco Court of Appeals case, the Court affirmed a… Continue Reading
By Rob Radcliff on Posted in Hiring and Firing,HR Issues,Non-Compete Agreements Two weeks ago on the Office, Michael Scott gave Dunder Mifflin notice of his resignation. Upon return to Scranton, Michael hatched a plan to start Michael Scott Paper Company and started with some due diligence (I apologize for the advertisement but NBC has to pay the bills): Michael then asked most of the Scranton staff to come to… Continue Reading
By Rob Radcliff on Posted in Hiring and Firing,Non-Compete Agreements,Non-Solicitation AgreementsWith employers aggressively protecting customers and trade-secrets with non-compete agreements, placement and human resource professionals will continue to encounter potential candidates/employees that have non-compete agreements and other restrictive covenants. Every employment interview should include exploration into these issues. Below are some suggested questions/considerations: Has the candidate signed a non-compete, non-solicitation, or non-disclosure agreement? If so, request… Continue Reading
By Rob Radcliff on Posted in Hiring and Firing,Placement Professionals,Social NetworkingChances are you or someone you know is on Facebook, MySpace, or LinkedIn. Google yourself and you’ll probably see a LinkedIn or Facebook biography. Potential employers and recruiters will see the same information during the hiring process. When I prepare for a deposition I always do basic Internet research on a witness. It’s probably a… Continue Reading
By Rob Radcliff on Posted in Hiring and FiringEmployers frequently require employees to enter into non-compete agreements, non-solicitation agreements, or a combination of both in order to protect trade-secrets and other valuable information. Non-Solicitation Example: Employee agrees that for a period of one year after the termination of his employment, whether voluntary or involuntary, he will not directly or indirectly call upon, solicit,… Continue Reading
