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.

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Dallas

Fifth Circuit Rules for Employer in Retaliation Claim under Texas Health and Safety Code

March 07, 2010
The Fifth Circuit ruled for an employer in a workplace retaliation matter.  Johnson v. Diversicare Afton Oaks LLC, No. 08-20827 (5th Cir. Feb. 17, 2010), available at http://www.ca5.uscourts.gov/opinions/pub/08/08-20827-CV0.wpd.pdf. The plaintiff, an assistant director at a nursing home, failed to investigate an alleged incident of resident abuse and was suspended pending an investigation...

Planning Ahead May Help an Employee Avoid a Non-Compete Lawsuit

March 05, 2010
A non-compete agreement forbids an employee from competing with an employer post-employment and usually contains a provision forbidding the employee from using the employer’s confidential information.  Unfortunately, an employee who signs a non-compete agreement may find himself in litigation with a former employer, even if the employee does not believe he is “competing” ...

Equal Opportunity Bullying in the Workplace?

February 28, 2010
Federal law and Texas state law protect individuals from workplace discrimination on the basis of certain characteristics.  For example, an employer cannot treat a worker unfairly because the worker is of a particular gender, race, or religious affiliation.  But the law does not protect workers from “equal opportunity” bullies.  For instance, an employee may believe ...

Non-Compete Rules Vary by Jurisdiction

February 26, 2010
Texas non-compete lawyer Keith Clouse notes that the law governing non-compete agreements in Texas may be radically different from the laws governing non-compete agreements in other states.  He cautions employees and employers alike to be cognizant of these differences. Oftentimes an employer will “know” the law of the state the employer is based in.  If the employer bran...

Some Federal Laws Protect Whistleblowers

February 21, 2010
An employee “blows the whistle” when the employee alleges corporate wrongdoing either by complaining to an internal company representative or by complaining to an external source, such as a government agency.  Whistleblowers serve an important function by revealing an employer’s legal violations or fraudulent conduct.  Because of this, laws protect some whistleblower...

Employment Contract Attorney Describes Contents of Typical Severance Agreement

February 19, 2010
Severance agreements, or separation agreements, are often entered into by an employer and a departing employee.  Keith Clouse, a Dallas attorney who regularly drafts employment contracts and severance agreements, notes that many severance agreements contain similar terms.  First, a severance agreement will likely contain a provision detailing the nature of the separation and noting t...

Houston Court Rules in Trade Secret Misappropriation Claim

February 15, 2010
An appellate court in Houston ruled for a former employee in a trade secret misappropriation case.  Gen. Insulation Co. v. King, No. 14-08-00633-CV (Tex. App.—Houston [14th Dist.] Jan. 26, 2010, no pet. h.), available at http://www.14thcoa.courts.state.tx.us/opinions/htmlopinion.asp?OpinionId=86517. An employer sued a former employee for misappropriation of trade secrets and breach ...

Workplace Retaliation Matter Decided by Texas Court

February 14, 2010
The San Antonio Court of Appeals recently ruled in a workplace retaliation matter.  Martinez v. Wilson County, No. 04-09-00233-CV (Tex. App.—San Antonio January 13, 2010, no pet. h.), available at http://www.4thcoa.courts.state.tx.us/opinions/htmlopinion.asp?OpinionId=22680. The plaintiff alleged she had been wrongfully terminated for complaining about a gender-based hostile work en...

Fifth Circuit Rules for Employer on Discrimination Law Question

February 07, 2010
The Fifth Circuit Court of Appeals recently ruled for an employer on a discrimination law question.  Reine v. Honeywell Int’l Inc., No. 09-30030 (5th Cir. Jan. 21, 2010), available at http://www.ca5.uscourts.gov/opinions/unpub/09/09-30030.0.wpd.pdf.  The plaintiff contended that her boss made discriminatory statements to her and that she reported his conduct to her employer.&nb...

Pros and Cons of Hiring Independent Contractors

February 06, 2010
Given the country’s economic situation, some businesses have contemplated using independent contractors—instead of hiring employees—as a possible way to save money.  Keith Clouse, a Dallas employment law specialist, notes that a company should carefully weigh the pros and cons of relying on independent contractors before altering its staffing plan. Using independent cont...