Category: Small Business Help

Staffing Agency Could be on the Hook for Termination of an 83-Year Old Receptionist at Client’s Request

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…

The Fifth Circuit Reminds that the Interactive Process Under ADA Is a Two-Way Street

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…

Are Non-Compete Agreements Enforceable in Texas?

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…

Texas Employment Hiring Checklist

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…

The Far-Reaching Claws of the Texas Non-Compete Statute

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…

5 Common Mistakes That Companies Make With Non Disclosure Agreements

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…

Embezzlement or a Reward for Sexual Favors? – A Dallas Case Demonstrates There Are Two Sides to Each Story

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…

Business Owners Alert: State Minimum Wage Increases in 2016

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,…

Enforcing Texas Non-Compete Agreements Against Employees in Other States

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…

Common Legal Mistakes When Hiring Seasonal Workers for the Holidays

The holidays are around the corner, and employers who are considering hiring temporary workers for this holiday season should consider the following issues that often land companies in trouble when it comes to seasonal hiring: Employment Applications. Employers should remember that applicants for seasonal positions are subject…