Smooth Transitions

Smooth Transitions

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

Category Archives: Uncategorized

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Notice Provisions for Texas Lawyers

Posted in Uncategorized
    For some time Texas has been a hot market for lawyers.  Big firms from other parts of the country who want to shop here not surprisingly will hire lawyers from other big firms that are already here.  Many of the partners in these firms have notice provisions in their partnership agreements that require… Continue Reading

ESOA Presentation

Posted in Uncategorized
  Tomorrow, I have the privilege of speaking to the Executive Search Owners Association. Over the years I have had the privilege of representing placement professionals in a number of circumstances. Some tips: Make sure your engagement agreements/contracts make sense and are enforceable; Remember that non-competes and non-solicitation agreements in Texas can be enforceable; Screen your… Continue Reading

Termination Opportunities

Posted in Uncategorized
For whatever reason an employee leaves, the exit interview (if that’s what the company calls it) or instance when the HR person in charge collects the employees building badge and any company property is an excellent time to remind the employee of their post-employment covenants.  We talked about agreements at the end of employment during… Continue Reading

Non-Competes At the End of Employment

Posted in Uncategorized
  Strictly speaking under Texas law it is hard to make a non-compete stick when it is first introduced at the end of employment.  Assume a situation where an employee signed a confidentiality agreement and non-disclosure agreement but didn’t sign a non-compete, non-solicit (customers), or anti-raid (employees).  Is the employer out of luck?  Maybe not.… Continue Reading

Circumstantial Evidence – Employment Claims Alive and Well in Texas

Posted in Age Discrimination, Channel 11, Dallas, EEO Claims, Hiring and Firing, HR Issues, Texas, Uncategorized, Whataburger
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… Continue Reading

Don’t Steal My Employees When You Quit – the Anti-Raid Provision

Posted in Anti-Raid, Confidentiality, Non-Compete Agreements, Non-Solicitation Agreements, Trade Secrets, Uncategorized
  The usual gamut of post-employment covenants includes non-compete restrictions, non-solicitation of customer restrictions, confidentiality restrictions, and in many cases the anti-raid provision designed to keep a departing employee from hiring away a former employer’s employees and contractors.  The anti-raid is not always given a lot of thought, but it should be.  Why?  Because when… Continue Reading

Overtime Rules Dead

Posted in Uncategorized
Last year I worked with a number of employers to address the Obama administrations’ new overtime rules.  Here are some posts on the subject.  Eventually a judge here in Texas (the same judge that is handling the Ezekiel Elliot lawsuit) entered an order preventing implementation of the new rules.  Then President Trump was elected and… Continue Reading

Recruiter Tips

Posted in Uncategorized
This week, I have the privilege of speaking to the Executive Search Owners Association. Over the years I have had the privilege of representing placement professionals in a number of circumstances. Some tips: Make sure your engagement agreements/contracts make sense and are enforceable; Remember that non-competes and non-solicitation agreements in Texas can be enforceable; Screen your… Continue Reading

Avoiding the Litigation Super Highway

Posted in Uncategorized
  We know that most cases are resolved before they ever see a jury or judge at trial.  Some go the way of summary judgment. Other go the way of settlement.  After attorneys’ fees and case related fatigue parties eventually get to a position where continued litigation no longer makes sense. Most companies and others… Continue Reading

Trade Secret Theft – By Lawyers

Posted in Injunction, Non-Compete Agreements, Recent Cases, Uncategorized
    A couple of weeks ago we wrote about the rationale behind why Texas lawyers aren’t subject to non-compete agreements.  That said, generally lawyers aren’t permitted to compete with their current law firm/employer while still employed.  That seems pretty basic.  Imagine this fact pattern pulled from the allegations from the above lawsuit: Lawyer works… 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

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

Recruiter Tips

Posted in Uncategorized
Today, I have the privilege of speaking to the Executive Search Owners Association. Over the years I have had the privilege of representing placement professionals in a number of circumstances. Some tips: Make sure your engagement agreements/contracts make sense and are enforceable; Remember that non-competes and non-solicitation agreements in Texas can be enforceable; Screen your… Continue Reading
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