Dallas Employment Lawyer - Keith Clouse

Executive Employment Lawyer
Attorney Keith Clouse is a nationally recognized employment law attorney. This website and all materials on it have been prepared by Clouse Dunn LLP for informational purposes only. These materials do not, and are not intended to, constitute legal advice.



Fifth Circuit Rules in a Color Discrimination Case

February 15, 2015
The Fifth Circuit Court of Appeals recently reversed a lower court’s grant of summary judgment to an employer in a race and color discrimination case. Etienne v. Spanish Lake Truck & Casino Plaza, L.L.C., No. 14-30026 (5th Cir. Feb. 2, 2015), available at http://www.ca5.uscourts.gov/opinions/pub/14/14-30026-CV0.pdf. When the plaintiff was not promoted to a managerial position, she sued. She su...

Dallas Mediator: How to Close the Deal

February 08, 2015
In addition to representing his own clients in mediations, Dallas employment lawyer Keith Clouse also mediates employment law disputes on behalf of other parties. Here, he offers five tips that will help close a deal at a mediation.1. Participate in good faith. Know that you will have to be flexible on certain mediation points.2. Provide the mediator with all the information he needs, but do no...

Wellness Programs…Not Doing Well?

February 08, 2015
Over the last decade, many employers began offering employees the opportunity to participate in voluntary wellness programs. These programs encourage employees to take preventative steps to maintain their health and to make lifestyle decisions that will manage existing health issues and prevent those issues from becoming more serious and more costly. But, these programs come with potential risk...

Dallas Employment Arbitrator Discusses Arbitration Clauses

February 04, 2015
An employer and an employee may agree at the outset of their relationship to submit any future disputes to arbitration. Many choose to use the process administered by the American Arbitration Association, a non-profit organization that provides arbitration services. Because the AAA provides administrative services in a wide variety of cases, it has formulated specific rules and guidelines for d...

Dallas Employment Contract Lawyer: “Whereas the Parties Desire….”

February 02, 2015
Many contracts begin with a “whereas” section. This section recites the key understandings that underlie the contract. For example, an employment contract may begin:WHEREAS, the Company desires to employ Executive as its Chief Operating Officer in order to provide the necessary leadership for the Company; and WHEREAS, Executive is willing to accept such employment with the Company in accordanc...

New Year, New Look at Old Policies and Procedures

January 25, 2015
As a new year gets underway, some employers need to revisit policies and procedures to ensure compliance with legal standards. Dallas employer lawyer Keith Clouse recommends that an employer examine:1. Whether workers are correctly classified as independent contractors or employees. Some employers try to sidestep federal overtime pay and tax laws by classifying workers as independent contractor...

Dallas Non-Compete Lawyer: Three Critical (Mis)Assumptions

January 25, 2015
Dallas non-compete lawyer Keith Clouse notes that some employees make critical, wrongful assumptions about non-compete agreements and their enforcement in Texas. Here, he examines three such assumptions that could adversely impact an individual’s professional career.1. Assuming a court would declare a non-compete agreement too onerous to be enforced. In the past, courts required an employer to ...

Interviewing Witnesses in a Harassment Investigation

January 20, 2015
Dallas employer lawyer Keith Clouse—who frequently advises employers on personnel matters—recommends that an employer consider the following guidelines when interviewing witnesses in internal harassment investigations.If possible, an employer should assign two employees to conduct witness interviews. Doing so can protect the company should the lead interviewer leave the company or become unavai...

Standard of Proof Required in a Failure to Promote Case

January 12, 2015
Under Title VII of the Civil Rights Act of 1964, a plaintiff may recover compensation if the plaintiff proves his employer promoted another employee instead of the plaintiff because of the plaintiff’s race, national origin, sex, religion, or color. If the plaintiff does not have direct evidence of discrimination, the plaintiff may prove discrimination under the burden-shifting framework establi...

Fifth Circuit Addresses Job Candidate Qualification Issues

January 12, 2015
The Fifth Circuit Court of Appeals recently opined in a national origin discrimination case. Martinez v. Tex. Workforce Comm’n, No. 14-50391 (5th Cir. Dec. 30, 2014), available at http://www.ca5.uscourts.gov/opinions/pub/14/14-50391-CV0.pdf. The employee alleged that his employer discriminated against him because of his national origin in violation of federal law when the employer appointed a w...