Category: Employment Law

Top 10 Mistakes Employers Make With Non-Compete Agreements

While helping hundreds of companies to enforce their non-compete agreements and advising many employees on how to get out of them, I noticed that most companies make the same mistakes when it comes to drafting and enforcing their non-compete agreements. Here are the top ten.

How to Fire Employees Without Being Sued

In the spirit of an old proverb that advises that “an ounce of prevention is worth a pound of cure,” this article provides a list of best practices that can help avoid wrongful-termination types of lawsuits and the business interruption that comes with such litigation.

A Two Day Suspension is Not a Materially Adverse Action – Rules the Fifth Circuit

An employee must show that unpaid leave caused him or her physical, emotional, or economic harm via some documentation and not just conclusory statements in order to establish a “materially adverse action” by the employer.

5th Cir. Update: Employee Lies, Resists During Investigation; Employer Still on the Hook for Retaliation

According to the Fifth Circuit, a supervisor cannot start a groundless internal investigation as a retaliation for employee’s previous discrimination complaint and then, when employee resists investigation, fire him.

What Employment-Related Bills are on the Texas Legislature’s Plate in 2017?

The 85th general session of the Texas Legislature started in January and will end in May 2017. There has been over 50 employment-related bills filed during this session.

5th Cir. Rules No Pain & Suffering, Punitive Damages For ADEA Retaliation Claims

The Fifth Circuit does not allow pain and suffering and punitive damages in discrimination and retaliation claims under the Age Discrimination in Employment Act.

A Texas Case Demonstrates Why Using Stock Non-Compete Agreements May Backfire

Last month, a Texas Court of Appeals denied an insurance agency’s application for a temporary injunction against its former President because it held that the non-compete agreement, as written, did not restrict the President from competing. The agency tried to enforce the non-compete and…

DOL Overtime Rules Blocked Nationwide by a Federal Court in Texas

Last week, the United States District Court for the Eastern District of Texas issued a decision enjoining the Department of Labor (DOL) from enforcing its new overtime rules. State of Nevada et al. v. U.S. Department of Labor et al., case number 16-cv-00731. The new overtime…