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.



Start-Up Company Issue: Do You Need a Full-Time HR Manager?

March 01, 2015
At some point, a start-up company crosses the line between a struggling operation to a full-fledged business. When that happens, the company likely needs to hire a full-time human resources manager. Dallas employment lawyer Keith Clouse suggests a company hire a human resources manager when:• The company employs close to 50 employees. Once a company employs 50 individuals, certain complex laws,...

Contesting the Right to Unemployment Benefits

February 22, 2015
In Texas, an employer may contest a former employee’s right to unemployment benefits. Dallas employment lawyer Keith Clouse maintains, however, that in most situations an employer should not do so. In many instances, such as a lay-off or a termination based on “fit,” an employer has no grounds to challenge the individual’s right to benefits. But, even when an employer does have proper grounds, ...

Mediating When There’s “No Chance” of Settlement

February 22, 2015
Judges usually encourage litigants to mediate their cases, even when it appears there’s no chance of settlement. Why? Dallas employment law mediator Keith Clouse explains the potential benefits of a mediation that does not settle at the mediator’s office.1. Litigants can be heard and can hear. Because many employment law cases feel personal in a way that other business disputes do not, a litiga...

What Constitutes Direct Evidence of Discrimination?

February 15, 2015
Many discrimination cases involve indirect evidence of discrimination, but a plaintiff may also prove a discrimination case with direct evidence of discriminatory comments. These discrimination cases turn on whether the comments constitute evidence of discrimination or are simply “stray remarks.” A stray remark is an inappropriate comment that is made in the workplace but one that is not typica...

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 03, 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 01, 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...