Category: Texas Employment Law

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.

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.

Why the Appointment of Jeff Sessions as the New Attorney General May Lead to More Trade Secrets Litigation

On Friday, President-elect Donald Trump named Alabama Sen. Jeff Sessions as his pick for the next Attorney General. Sessions is a former U.S. attorney and current senator with lengthy experience with the Justice Department. He is also known as a pro-business conservative, who on…

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…

White House Calls on States to Ban or Limit Non-Compete Agreements

On Tuesday, the White House issued a call to action to state policymakers to do the following: 1.  Ban non-compete clauses for categories of workers, such as workers under a certain wage threshold; workers in certain occupations that promote public health and safety; workers…

What Should a Company do When it Suspects That an Employee Stole Its Trade Secrets?

Employees take their employers’ trade secrets all the time. It’s a fact of life.  No matter what systems an employer has in place, sooner or later a key employee will depart and take some trade secret information, data, or documents with them. Most employees…

Texas Non-Competes Soon Will Be Unenforceable in California

With so many companies moving their headquarters from California to Texas in the recent years, non-compete disputes involving employees and employers who have ties to both states have multiplied.   In these types of cases, one of the first questions the courts ask is which state’s…