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July 02, 2015

Is Your Non-Compete Ancillary to an Enforceable Agreement?

Dallas non-compete lawyer Keith Clouse represents employers in non-compete litigation matters and assists them with drafting non-compete agreements. He notes that these agreements are highly technical and require adhesion to statutory requirements. Today, he highlights a recent Fifth Circuit Court of Appeals opinion that reinforces the requirement that all non-compete agreements be “ancilla...
Is Your Non-Compete Ancillary to an Enforceable Agreement?
June 28, 2015

Fifth Circuit Rules in Non-Compete Matter

The Fifth Circuit Court of Appeals recently upheld judgment for an employee on a non-compete issue. Hunn v. Dan Wilson Homes, Inc., No. 13-11297 (5th Cir. June 15, 2015), available at http://www.ca5.uscourts.gov/opinions/pub/13/13-11297-CV0.pdf. An employee of an architectural design firm resigned, leaving a client’s project unfinished. After his resignation, the client hired him to compl...
Fifth Circuit Rules in Non-Compete Matter
June 21, 2015

Waiver of FLSA Claims - Dallas Employment Lawyer Keith Clouse Cautions Employers

Parties involved in an employment dispute usually settle with an agreement that provides for the employee’s release and waiver of any future claims arising out of the employment relationship. But, as the Fifth Circuit Court of Appeals recently explained, such a waiver may not always waive an employee’s claims under the Fair Labor Standards Act. Bodle v. TXL Mort. Corp., No. 14-20224 (5th Ci...
Waiver of FLSA Claims - Dallas Employment Lawyer Keith Clouse Cautions Employers
June 21, 2015

Fifth Circuit Rules on FLSA Release by Clouse Dunn LLP

The Fifth Circuit Court of Appeals recently ruled on whether a release agreement covered claims under the Fair Labor Standards Act. Bodle v. TXL Mort. Corp., No. 14-20224 (5th Cir. June 1, 2015), available at http://www.ca5.uscourts.gov/opinions/pub/14/14-20224-CV0.pdf. The plaintiffs filed a lawsuit against their former employer and its president, alleging that they were not paid for ove...
Fifth Circuit Rules on FLSA Release by Clouse Dunn LLP
June 14, 2015

What Does it Mean to “Prevail” in a Discrimination Suit?

The Fifth Circuit Court of Appeals recently interpreted a Texas statute concerning what it means to “prevail” in a Texas age discrimination lawsuit. Peterson v. Bell Helicopter Textron, Inc., No. 14-10249 (5th Cir. June 4, 2015), available at http://www.ca5.uscourts.gov/opinions/pub/14/14-10249-CV0.pdf. Dallas employment lawyer Keith Clouse explains. The jury found that the employer was m...
What Does it Mean to “Prevail” in a Discrimination Suit?
June 14, 2015

Fifth Circuit Rules on Texas Discrimination Law

The Fifth Circuit Court of Appeals recently ruled in a discrimination claim brought under Texas law. Peterson v. Bell Helicopter Textron, Inc., No. 14-10249 (June 4, 2015, available at http://www.ca5.uscourts.gov/opinions/pub/14/14-10249-CV0.pdf). The plaintiff was laid off during a reduction in force. He claimed his employer targeted him because of his age. The jury concluded that the em...
Fifth Circuit Rules on Texas Discrimination Law
June 13, 2015

Avoid the “Smoking Gun” Email Says Dallas Employment Law Attorney

Emails provide a prime source of evidence in courtrooms; an attorney may build an entire case around a single, damaging email. Here, Dallas employment lawyer Keith Clouse discusses some pitfalls to avoid: Drafting carelessly. Treat emails like formal communications. Imagine an email being read aloud in a court proceeding. Sending emails when emotions are hot. Do not send an email w...
Avoid the “Smoking Gun” Email Says Dallas Employment Law Attorney
June 07, 2015

Use Exit Interviews to Help Protect Trade Secrets

Many employers ask their top executives and those employees who regularly handle sensitive company information to sign nondisclosure and noncompetition agreements designed to protect the companies’ trade secrets. But, trade secret law applies to all employees, not just to those at the top; no employee may steal and use a company’s trade secrets. One way an employer may protect itself agai...
Use Exit Interviews to Help Protect Trade Secrets
May 31, 2015

Non-Monetary Terms in a Separation Agreement

When a terminated employee negotiates a separation agreement, he most often focuses on the monetary terms of the agreement. But, as Dallas employment law expert Keith Clouse points out, other terms can also be negotiated. For example, an executive may consider negotiating: Release from non-compete obligations. This is a tremendous benefit because it allows an executive to move forward ...
Non-Monetary Terms in a Separation Agreement
May 31, 2015

Submitting a Position Statement to the EEOC

If a disgruntled employee files a charge of discrimination with the Equal Employment Opportunity Commission, the employer will likely be asked to submit a position statement to aid the EEOC in conducting its investigation. An employer should always strive to provide a thoughtful statement, according to Dallas employment lawyer Keith Clouse. A position statement should succinctly tell the ...
Submitting a Position Statement to the EEOC