I remember when I was a younger lawyer the difficulty I had with clients settling lawsuits that factually and legally had little merit. I remember the partner I worked for telling me that was the cost of doing business. While I knew he was right that comment still bothers me to this day. But the
As we creep up on the end of the year employers should be considering/doing a number of things:
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
The purpose of the performance improvement plan or “PIP” is to give an employee the opportunity to make certain changes in their work performance so as to merit ongoing employment. Put another way satisfy the PIP and you keep your job. Of course, there are all sorts of statements in the PIP (or there should
Caught this story here in Dallas where a now defunct medical lab had “gropening day” every other Friday. Here is a link to the story. Basically employees were free to grope one another every other Friday – no joke. It’s hard to believe something like this occurs in 2017. Unfortunately it does. A former
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
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:
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: