Category: Small Business Help
Posted on May 29, 2018
by Leiza Dolghih
1 Comment
The Fifth Circuit Court of Appeals recently considered whether a travel agency’s noncompete agreement with its employee was enforceable under Texas law. It concluded that because the agreement did not have geographic limits, was not limited to the travel agency’s customers with whom the employee actually worked during her employment, and included entire travel agency industry, the non-compete was unenforceable.
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Category: Non-Compete Agreements, Non-Compete Agreements in Texas, Non-Solicitation Agreements, Non-Solicitation Agreements in Texas, Small Business Help, Texas Business Law, Texas Legal NewsTags: Dallas Non Compete Attorney, Enforcing non compete agreements, non-competition agreement, Non-Solicitation Agreements, Texas Non-Compete Agreements, Texas non-compete attroeny
Posted on March 3, 2018
by Leiza Dolghih
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Employees owe a duty of loyalty to their employer and may not: (1) appropriate company trade secrets; (2) solicit away the employer’s customers while working for the employer; (3) solicit the departure of other employees while still working for the employer; (4) carry away confidential information.
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Category: Employment Agreements in Texas, Employment Law, Non-Compete Agreements, Non-Compete Agreements in Texas, Non-Solicitation Agreements, Non-Solicitation Agreements in Texas, Small Business Help, Texas Employment Law, Texas Legal NewsTags: Dallas non-compete lawyer, duty of loyalty in Texas, employee diverting business, employee duties in Texas, employee fiduciary duty in Texas, Employees stealing customers, moonlighting in Texas, restrictive covenants in Texas, Texas fiduciary duty, Texas non-compete lawyer
Posted on October 11, 2017
by Leiza Dolghih
3 Comments
Generally, training repayment provisions in employment agreements are enforceable in Texas. Employers should make sure that such clauses are written in a clear and understandable manner and are not hidden within employment contracts. When determining the parameters of the reimbursement policies, companies should make sure that they comply with the Texas Texas Free Enterprise and Antitrust Act of 1983, which prohibits the restraint on trade.
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Category: Employment Agreements in Texas, Employment Law, Executive Compensation, Small Business Help, Texas Employment Law, Texas Legal NewsTags: employment agreements in Texaas, employment contracts, Texas employment law, Texas non compete law, Texas restraints on trade, training reimbursement, training repayment, unfair employment contract, unfair employment contracts
Posted on November 6, 2016
by Leiza Dolghih
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The Fifth Circuit recently addressed an interesting issue – when a staffing agency’s client asks to replace an employee, does the staffing agency have a duty to investigate the reasons for the request? For example, if a staffing agency’s client calls and says we…
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Category: Age Discrimination, Employment Discrimination, Small Business Help, Texas Employment Law, Texas Legal News, Wrongful TerminationTags: Age Discrimination, Dallas employment lawyer, defending age discrimination, адвокат по трудовому закону в техасе, joint employer and staffing agency, русский адвокат техас, русскоязычный адвокат в техасе, russian speaking lawyer texas, staffing agency discrimination claim, Staffing agency liability, Texas Employment Lawyer, Wrongful Termination in Texas
Posted on October 31, 2016
by Leiza Dolghih
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The Fifth Circuit recently found in favor of the City of Austin for firing a disabled employee because he did not attempt to perform his new lighter-duty job in good faith. After the employee was injured on the job, the city offered him an administrative…
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Category: Disability Discrimination, EEOC, Employment Discrimination, Small Business Help, Texas Employment Law, Texas Legal NewsTags: Alcoholism as Disability, Americans with Disabilities Act, Dallas employment attorney, Dallas employment lawyer, Disability Discrimination, interactive process, Reasonable Accommodation, requesting accommodation at work, Wrongful Discharge in Texas, Wrongful Termination
Posted on July 29, 2016
by Leiza Dolghih
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Generally, Texas allows non-compete agreements between employers and employees as long as they are reasonable in scope, geographic area, and term, and meet a few other requirements. See my previous posts about those requirements here, here, and here. Practically speaking, however, whether a particular non-compete agreement…
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Category: Breach of Contract, Employment Agreements in Texas, Law, Non-Compete Agreements in Texas, Non-Solicitation Agreements in Texas, Small Business Help, Texas Employment Law, Texas Legal NewsTags: Dallas employment lawyer, адвокат по трудовому закону в техасе, Enforcing Non-Compete in Texas, Enforcing noncompetition agreement in Texas, Non-Compete Agreements in Texas, Non-Compete Law in Texas, Noncompetition law in Texas, русский адвокат техас, русскоязычный адвокат в техасе, Reasonable restraints on competition, russian speaking lawyer texas, Texas employment law, Texas Employment Lawyer, Texas Non-Compete Agreements, unfair competition in Texas
Posted on July 20, 2016
by Leiza Dolghih
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Whether a new business is preparing to hire its first employee or is revisiting its already-existing hiring procedures, making sure that the on-boarding process is done correctly and consistently will result in significant long-term benefits in terms of reducing stress associated with hiring new…
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Category: Confidentiality Agreements in Texas, Employment Agreements in Texas, Non-Compete Agreements in Texas, Non-Solicitation Agreements in Texas, Small Business Help, Texas Business Law, Texas Employment LawTags: Dallas employment lawyer, адвокат по трудовому закону в техасе, employment application forms, hiring first employee, Hiring forms for small businesses, Hiring in Texas, hiring new employees, Hiring procedures in Texas, русский адвокат техас, русскоязычный адвокат в техасе, personnel files in Texas, russian speaking lawyer texas, Small business guide, small business hiring guide, Texas employment forms, Texas employment law
Posted on May 10, 2016
by Leiza Dolghih
2 Comments
A recent case from a Texas Court of Appeals demonstrates that the Texas non-compete statute applies not only to the employment agreements or sale of business contracts, but to any contracts that contain provisions restraining trade. In Wharton Physician Services, P.A. v. Signature Gulf…
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Category: Breach of Contract, Non-Compete Agreements in Texas, Non-Solicitation Agreements in Texas, Small Business Help, Texas Business Law, Texas Legal NewsTags: Contract law in Texas, Dallas noncompete attorney, Enforcing non-compete agreements, Non-Compete Law in Texas, Restraint on Trade, Texas Non-Compete Agreements, Texas noncompete attorney, Texas noncompete law, unfair competition in Texas
Posted on February 21, 2016
by Leiza Dolghih
3 Comments
Whether you are talking to a potential buyer of your company, an interested investor, or a joint venture partner, before any confidential information is shared with that person, they should execute a Non Disclosure Agreement, often referred to as “NDA.” The NDAs are very…
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Category: Breach of Contract, Confidentiality Agreements in Texas, Small Business Help, Texas Business Law, Texas Legal NewsTags: Breach of Contract in Texas, common problems with confidentiality agreements, Common problems with non disclosure agreements, Confidentiality Agreements in Texas, Dallas business lawyer, NDAs in Texas, Non-Disclosure Agreements, violation of a non disclosure agreement
Posted on February 16, 2016
by Leiza Dolghih
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Clients often want to know whether they have a winning case or a bullet-proof defense. Much of that, of course, depends on the law. But sometimes, an entire case may rise or fall on a credibility of a particular witness. A recent decision by the…
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Category: Breach of Contract, Breach of Fiduciary Duty, Small Business Help, Texas Business Law, Texas Legal NewsTags: Breach of fiduciary duty in Texas, Conversion in Texas, Dallas business lawyer, Dallas employment lawyer, employee theft, Employer Dispute, Employment dispute, Litigation in Texas, Texas Business Law, Texas theft claim, theft, trial strategies, unjust enrichment in Texas
Posted on January 7, 2016
by Leiza Dolghih
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While the minimum wage in Texas will remain the same in 2016, those Texas companies that have employees in other states, need to be aware of the following minimum wage (and overtime) increases.* Given the recent increase in unpaid overtime lawsuits around the country,…
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Category: Executive Compensation, Fair Labor Standards Act, Small Business Help, Texas Employment Law, Texas Legal NewsTags: Dallas employment lawyer, employment compensation, Fair Labor Standard Act, minimum wage in Texas, minimum wage increase in 2016, overtime calculation, overtime payments in Texas, owed wages, Small Business Help, Texas employment law, unpaid wages, what is minimum wage
Posted on November 30, 2015
by Leiza Dolghih
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For Texas companies, enforcing non-compete agreements in other states can be tricky since each state has its own rules about what makes a non-compete enforceable, and some states do not allow them at all. Therefore, any Texas company with out-of-state employees should ask two questions…
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Category: Breach of Fiduciary Duty, Confidentiality Agreements in Texas, Employment Agreements in Texas, Non-Compete Agreements in Texas, Non-Solicitation Agreements in Texas, Small Business Help, Texas Business Law, Texas Employment Law, Texas Legal NewsTags: breach of employment agreement, Dallas employment lawyer, Employees in other states, Employment Agreements, Enforcing non-compete agreements in Texas, Non Competes in Texas, Non-Solicitation Agreements, remote employees, Russian-speaking employment lawyer, Texas companies, Texas non compete law, Texas Non-Compete Agreements
