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
Don’t Steal My Employees When You Quit – the Anti-Raid Provision
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
Overtime Rules Dead
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
Recruiter Tips
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;
Wednesday Presentation
Wednesday I will be speaking with the Executive Search Owners Association here in Dallas.
Proof that Employment Laws are Still Necessary in Texas
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
Avoiding the Litigation Super Highway
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
Trade Secret Theft – By Lawyers
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
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
Nothing Like A Hair Stylist Non-Compete Case
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