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.



Dallas Court of Appeals Enforces Forum Selection Clause in Employment Contract

March 23, 2010
The Court of Appeals located in Dallas, Texas recently enforced a forum selection clause contained in an employment agreement.  Godenick v. Mannatech, Inc., No. 05-09-00269-CV (Tex. App.—Dallas March 3, 2010, no pet. h.), available at http://www.5thcoa.courts.state.tx.us/cgi-bin/as_web.exe?c05_10.ask+D+4781377.  In the employment agreement, the parties agreed to exclusive venue ...

Texas Non-Compete Agreements Must Contain Reasonable Geographic Limitations or an Effective Substitute

March 22, 2010
Texas employers may wish to ask their key employees to sign non-compete agreements; these agreements prevent employees from competing with employers post-employment.  But, cautions Dallas non-compete attorney Keith Clouse, for a non-compete agreement to be enforceable, an employer must carefully tailor the agreement to ensure that the restrictions on post-employment activities are reasonab...

Employers Must Give Adequate Consideration to Support Non-Compete Agreements

March 16, 2010
A non-compete agreement forbids an employee from competing with an employer post-employment.  But, cautions Dallas non-compete attorney Keith Clouse, an employer must provide adequate consideration to the employee for the contract to be enforceable. In Texas, the consideration given by an employer must give rise to the employer’s interest in restraining the employee from compe...

Discovery Matters in Lawsuits over Employment Law Issues

March 14, 2010
Employers and employees may find themselves in litigation with one another over a breach of contract issue, the breach of a non-compete agreement, or a discrimination or retaliation matter.  Sometimes, the parties can resolve their differences easily.  But if the parties are not able to resolve the case at the outset, they must participate in the discovery process.  This is th...

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...