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.



Employers Must Ensure that Employees Avoid Security Breaches When Using Smart Phones

June 06, 2010
It seems everyone carries a smart phone now—a cellular phone with advanced capabilities (such as a BlackBerry or iPhone).  A smart phone can be invaluable to an employee because it enables the employee to check emails and to review documents while out of the office.  But improper smart phone use by employees can create serious issues for an employer.  One such issue involve...

Fifth Circuit Rules Against Plaintiff on Race Discrimination Claim

June 04, 2010
The Fifth Circuit Court of Appeals recently ruled against a plaintiff on her race discrimination claim.  Riley v. Sch. Board Union Parish, No. 09-30625 (5th Cir. May 20, 2010), available at http://www.ca5.uscourts.gov/opinions/unpub/09/09-30625.0.wpd.pdf.  Plaintiff, an African-American certified to teach Social Studies, served as a substitute English teacher.  After her employe...

Many Employment Agreements Contain Choice of Law Provisions

May 28, 2010
Many high level executives, doctors and salespersons enter into employment agreements.  Usually an employment agreement contains a “choice of law” provision.  This provision conveys the parties’ agreement to apply the law of a particular state to any dispute that arises between the parties.  Because state employment laws can vary significantly, the parties&rsquo...

Even Large Employers Negotiate Terms in Employment Agreements

May 25, 2010
Most high level executives, doctors and salespersons work pursuant to employment agreements.  In a typical situation, an employer gives a potential employee an agreement that is already in complete form.  Many potential employees sign these proposed agreements “as is,” without suggesting any changes.  Keith Clouse, a Dallas lawyer who frequently negotiates employment...

Potential Litigants Should Not Destroy Documents

May 23, 2010
No one wants to be sued, especially by a former employer.  But former employees may find themselves embroiled in litigation over the alleged breach of an employment contract or the purported violation of a covenant not to compete.  If a former employee has reason to believe he may be sued, he should preserve all potentially relevant documents, including all e-mail communications and a...

Texas Statute of Limitations for Employment Contract Cases

May 20, 2010
Most high level employees and many salespeople work pursuant to employment agreements. Usually, the parties encounter no problems.  But if a party fails to perform according to the employment agreement’s terms, the wronged party may pursue a breach of contract claim in court. In Texas, most breach of employment contract lawsuits will be governed by a four year statute of limitations...

Texas Supreme Court Orders Parties to Arbitrate Dispute

May 17, 2010
The Texas Supreme Court recently ruled that a trial court abused its discretion by refusing to grant a party’s motion to compel arbitration.  In re Odyssey Healthcare, Inc., No. 09-0786 (Tex. May 7, 2010), available at http://www.supreme.courts.state.tx.us/historical/2010/may/090786.htm.  Guadalupe Morales worked in El Paso for Odyssey Healthcare, Inc.  She sued Odyssey an...

Employers Should Avoid Asking Certain Questions When Interviewing Job Applicants

May 16, 2010
Most managers know that an employer may be held liable for making discriminatory hiring decisions; however, not all managers know what questions are—and are not—appropriate to ask during an interview.  Simply put, a manager conducting an interview should not attempt to solicit information to enable the manager to make a hiring decision based on an applicant’s prote...

Fifth Circuit Reverses Judgment in Disability Discrimination Matter

May 09, 2010
A plaintiff sued his employer for disability discrimination after he was terminated for alleged attendance problems.  The jury found for the plaintiff, but the trial court vacated the verdict and granted judgment to the employer.  The Fifth Circuit Court of Appeals reversed that decision in part.  Carmona v. Southwest Airlines Co., No. 08-51175 (5th Cir. April 22, 2010), availabl...

Engaging in the EEOC Mediation Process

May 06, 2010
Dallas discrimination attorney Keith Clouse believes that most individuals who have been discriminated against and who have filed charges of discrimination with the Equal Employment Opportunity Commission should take advantage of the EEOC’s mediation program. Mediation is an alternative dispute resolution process.  The EEOC created its own mediation program to assist individuals res...