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 Court of Appeals Affirms Summary Judgment for an Employer in a Hostile Work Environment Case

November 09, 2009
The Fifth Circuit Court of Appeals recently upheld summary judgment for an employer in a hostile work environment and retaliation case. Stewart v. Miss. Transp. Comm’n, No. 08-60747 (5th Cir. Oct. 21, 2009), available at http://www.ca5.uscourts.gov/opinions/pub/08/08-60747-CV0.wpd.pdf.  The plaintiff complained to her employer that her supervisor harassed her.  Following an inve...

Dallas Employment Lawyer Keith Clouse Discusses the Recent Settlement in a Lawsuit Over a Non-Compete Agreement

November 09, 2009
Recent news articles covered the lawsuit brought by Starbucks to enforce a non-compete agreement against a former Starbucks executive who is now employed by Dunkin’ Donuts.  The parties settled the dispute and, according to news reports, Starbucks will be paid $500,000 and the executive will not actively work for his new employer until January 15, 2010. Although settlement terms are...

Fifth Circuit Finds No Same-Sex Harassment in Employment Case

November 03, 2009
The Fifth Circuit Court of Appeals recently upheld summary judgment for an employer in a same-sex sexual harassment and retaliation matter.  Love v. Motiva Enters. LLC, No. 08-30996 (5th Cir. Oct. 16, 2009), available at http://www.ca5.uscourts.gov/opinions/unpub/08/08-30996.0.wpd.pdf.  To prove same-sex sexual harassment, a plaintiff must: (1) show the harasser made explicit or impl...

Is an Oral Employment Agreement Valid in Texas?

November 03, 2009
Is an oral employment agreement valid in Texas?  It depends.  Most employment contracts are committed to written form, but some employers and employees agree to employment terms during a face-to-face meeting.  These “handshake” deals can be problematic if one party fails to fully perform its obligations. Just as with a written contract, a party can sue to collect dam...

Should Employers Ban Employee Cell Phone Use While Driving? Dallas employment lawyer Keith Clouse discusses

October 27, 2009
President Barack Obama recently signed an executive order banning federal employees from texting while driving. The order covers both federal employees who use government-provided cars or cell phones and federal employees who use their own cell phones and cars to conduct government business. Should private employers follow suit? While cell phones increase employee accessibility, studies consis...

Dallas Employment Lawyer Keith Clouse Explains How an Employment-Related Lawsuit Unfolds

October 27, 2009
Unfortunately, not all employment relationships end well; some end up at the courthouse.  Dallas employment lawyer Keith Clouse explains what happens next. A lawsuit is typically filed by a former employee, and the defendant company must then answer it within the required timeframe. At that point, the parties will begin the discovery process, whereby each side gathers information about th...

Fifth Circuit Court of Appeals Rules for Insured in ERISA Matter

October 19, 2009
The Fifth Circuit Court of Appeals recently found that an insurance company abused its discretion in denying an insured disability benefits.  Alexander v. Hartford Life & Acc. Ins. Co., No. 09-10072 (5th Cir. Oct. 5, 2009), available at http://www.ca5.uscourts.gov/opinions/unpub/09/09-10072.0.wpd.pdf.  Alexander contended that she was unable to perform her job because of severe p...

Can an Employer Withhold Funds from an Employee's Paycheck?

October 19, 2009
An employer may wish to withhold funds from an employee’s paycheck to cover expenses associated with equipment damaged by the employee or cash shortages in a cash register manned by the employee.  But can an employer do so?  Yes and no, depending on what jurisdiction the employee is in and whether the employer complied with any legal requirements.  For instance, in Califor...

The ADA Protects Workers Who Are Perceived to be Disabled

October 13, 2009
The Americans with Disabilities Act (the “ADA”) has recently been expanded with amendments made effective earlier this year. The ADA protects an individual from adverse actions taken by an employer because of the individual’s disability. In addition to protecting disabled workers, the ADA also protects individuals who are regarded as disabled by an employer, even if the indivi...

Some Employers Must Create Affirmative Action Plans

October 13, 2009
A company doing business with the federal government may be subject to certain requirements regarding equal employment opportunities.  Some government contractors must provide equal employment opportunities without regard to race, sex, color, religion, national origin, disability, or the status of a veteran and must take affirmative action: positive steps to recruit, hire, train, and promo...