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 Should Document Employees' Shortcomings in Discipline Reports

August 17, 2009
Many supervisors dislike writing discipline reports; some believe these reports are a waste of time. Yet, as Dallas employment law attorney Keith Clouse explains, documenting an employee’s shortcomings serves multiple purposes.  First, a discipline report can assist an employee in focusing on and improving problem areas.  Second, a discipline report can provide a precise acco...

Texas Court Upholds Summary Judgment for Employer in Wrongful Termination Suit

August 17, 2009
A Texas appellate court affirmed summary judgment for an employer in a wrongful termination suit.  Marx v. Electronic Data Sys. Corp., No. 07-08-0022-CV (Tex. App.—Amarillo June 30, 2009), available at http://www.7thcoa.courts.state.tx.us/opinions/htmlopinion.asp?OpinionId=13365.  Ronald Marx alleged that he was forced to leave EDS after the company made job conditions difficult...

Texas Considers Employment Discrimination and Retaliation Case

August 10, 2009
A Dallas court recently considered a racially-based employment discrimination and retaliation matter: Curry v. Telect, Inc., No. 3:08-CV-0933-D (N.D. Tex. June 15, 2009), available at https://ecf.txnd.uscourts.gov/cgi-bin/show_public_doc?2008cv0933-22. Billy Curry sued his former employer, Telect, Inc., for discriminating against him by discharging him and for retaliating against him because he...

Discrimination Lawsuits: Burden-Shifting Framework Explained

August 10, 2009
Keith Clouse, a Dallas employment law attorney, clears up confusion regarding the “burden-shifting” framework that has been mentioned by commentators recently when discussing the latest United States Supreme Court decisions regarding employment discrimination. As Mr. Clouse explains, this framework addresses the shifting burdens of proof and production at play in proving a discrimin...

Fifth Circuit Court of Appeals Rules on a Trade Secret Matter

August 03, 2009
The Fifth Circuit Court of Appeals recently vacated summary judgment in a trade secret case.  Cudd Pressure Control Inc. v. Roles, No. 08-20389 (5th Cir. June 11, 2009), available at http://www.ca5.uscourts.gov/opinions%5Cunpub%5C08/08-20389.0.wpd.pdf.  Ronnie Roles worked for Cudd Pressure Control Inc. until he (and several other former Cudd employees) joined a newly-formed competin...

Texas Employment Lawyer Keith Clouse Notes Key Issues an Employee Should Consider when Facing a Lay-Off

August 03, 2009
Unfortunately, lay-offs in Texas continue to occur at an alarming rate. Keith Clouse, a Texas employment law attorney, suggests that an employee facing a lay-off consult with an attorney who practices employment law. An employment law attorney can help an individual sort through issues such as: • Discrimination claims: While most employers reserve the right to terminate an employee&r...

Employers Can Avoid "Cat's Paw" Liability by Reviewing Personnel Decisions

July 27, 2009
Although it may be tempting for a company to trust its front-line managers to make prudent decisions regarding the discharge of employees, Keith Clouse, a Dallas employment law attorney, believes employers should always conduct independent reviews of any proposed termination.  Doing so may avoid “cat’s paw” liability. Cat’s paw liability refers to a situation where...

Employers Should Rid the Workplace of Bullies

July 27, 2009
Unfortunately, workplace bullying occurs at many companies. The cost to employers is obvious: Targeted employees often have higher absenteeism rates and are less productive.  Employees who are bullied will almost certainly leave their employer, leading to a high turnover rate.  Bullying takes several forms. A bully may make derogatory remarks, sabotage an employee’s work, or bl...

Texas Supreme Court Rules on Arbitration Issue in Employment Dispute

July 20, 2009
Many employers require employees to enter into arbitration agreements.  The Texas Supreme Court recently ruled on a dispute concerning an employment-related arbitration issue.  In re Macy’s, No. 08-0584, __ S.W. __ (Tex. June 29, 2009), available at http://www.supreme.courts.state.tx.us/historical/2009/jun/080584.htm. Erica Tomsic allegedly injured her back while working at a M...

Smart Use of Smartphones

July 20, 2009
A smartphone once signified a high-level executive or investment banker.  Now, more and more lower-level employees use smartphones, such as iPhones and BlackBerrys.  This shift has led some employers to create employment policies to address smartphone use.  Keith Clouse, a Dallas employment law attorney, suggests employers consider the following issues when drafting smartphone po...