Tag: Dallas employment lawyer

Lessons from the Mavericks Sexual Harassment Scandal: Specific Steps Your Company Can Take to Avoid a #MeToo Situation

Eradicating sexual harassment in the workplace requires commitment from the upper echelons with the company, creation of clear anti-harassment policies, effective training, and consistent enforcement of such policies. If your company is committed to making a change, but not sure where to begin, the above recommendations provide a good starting check list for making such changes. 

Employers Are Responsible for Stopping Sexual Harassment by Non-Employees

An employer may [] be responsible for the acts of non-employees, with respect to sexual harassment of employees in the workplace, where the employer (or its agents or supervisory employees) knows or should have known of the conduct and fails to take immediate and appropriate corrective action. In reviewing these cases the Commission will consider the extent of the employer’s control and any other legal responsibility which the employer may have with respect to the conduct of such non-employees.

Federal Government Warns That Anti-Poaching and Wage-Fixing Agreements May Violate Antitrust Laws. What Does This Mean for Texas Companies?

The Department of Justice (DOJ) and Federal Trade Commission (FTC) recently issued Antitrust Guidance for HR Professionals (“Guidance”) intended to alert professionals involved in hiring and compensation decisions to potential violations of the antitrust laws. This Guidance is the result of the infamous wage-fixing anti-poaching agreement among…

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…

Fox Goes to War with Netflix Over Two Programming Executives Who Jumped Ship

In a move that suggests that Fox might be feeling the burn of Netflix competition, the network Goliath has recently sued the king of online streaming over hiring of its two programming executives.  In the lawsuit, Fox claims that Netflix induced these employees to breach their employment agreements with Fox…

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…

Erasing Employer Files Costs Employee Severance Pay

The Fifth Circuit Court of Appeals, which presides over Texas, Louisiana, and Mississippi, recently held that an employer could deny employee his severance benefits under an ERISA benefits plan because the employee erased certain files from his computer before returning the laptop to the…

Employers Should Consider Protection of Trade Secrets When Responding to EEOC Charges

When responding to an EEOC charge of discrimination, employers should always separate and clearly mark any trade secrets or confidential information included in the position statement to the EEOC. This is especially important in light of the EEOC’s new procedures that provide for the release of employers’ position…

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…

Fair v. Unfair Competition, or the Real Life Case of Globo Gym v. Average Joes

While we patiently wait for a sequel to Dodgeball: A True Underdog Story to come out, a similar saga involving competing gym/spa establishments has been unfolding in Houston, Texas (minus the dodge ball tournament and shiny singlets) recently culminating in a lawsuit in the federal district court for…

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