In Texas, if you work for a private employer, it is often perfectly legal for the employer to fire you for reporting illegal activity. However, there are some notable exceptions to this general rule. One is section 260A.014 of the Texas Health and Safety Code. This 2011 statute prohibits discrimination…
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In April, I wrote about the enforceability of forfeiture clauses in an article published in Texas Lawyer and reprinted with permission here. A forfeiture clause requires an employee to forfeit his right to compensation if he engages in activity detrimental to the company, such as working for a competitor. In…
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Executive employment contracts and severance agreements often include a forfeiture clause. These so-called "bad boy" clauses require the employee to forfeit his right to compensation if he engages in activity deemed detrimental to the company, such as working for a competitor. A case pending before the Texas Supreme Court could…
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I like to write about my toddler, who is not actually a toddler anymore but a strapping young lad of four. When he started school, he came home crying, utterly devastated, because he did not know how to sit “criss-cross apple sauce.” All of the other kids knew, but he…
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I frequently advise small businesses on employment laws. A reminder to all you small businesses with fewer than 50 employees: Obamacare’s requirement that employers offer health insurance to employees or pay a penalty, otherwise known as the “employer mandate,” which is set to take effect in 2015, does not apply…
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Legendary Texas writer John Graves died recently. I’m reading his book Goodbye to a River: a Narrative (Vintage Departures). In it, he describes his last trip down the Upper Middle Brazos River, a place that had “meaning for during a good part of life in the way that pieces of…
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Voir dire is my favorite part of a trial. It’s the beginning, which is always the most exciting part of any adventure. And it’s where you, as a trial lawyer, begin to get to know the jury panel, and they begin to get to know you and your client. Call…
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I was thrilled to have the opportunity to speak at the State Bar of Texas’s Advanced Administrative Law Course last week. The topic was Negotiation Techniques to Use in Settling Cases and Everyday Life. A technique that I did not discuss at the course but one that I frequently use…
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I fancy living a self-directed life. I’m not sure what I mean when I say that, but I have a much better understanding of what I think I mean after meeting Howard Roark. Do you know who I am talking about? I did not know this guy until very recently,…
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Earlier this month, I spoke to the Travis County Women Lawyers Association on employment law. One of the audience members asked a good question, which is: for an employer to be subject to Title VII, it has to have at least 15 employees. Do part-time employees count? Answer: liability under…
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I am interested in ethics. Not just the ethics of practicing law, but the ethics of living life. When I was in college, a family member told me, “Do the right thing, and you’ll be happy.” That is good advice. But I don’t believe that doing the right thing always…
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Here’s a recent arbitration case that will interest employers with Spanish-speaking employees. In Delfingen US-Texas L.P. v Valenzuela, the employee sued the employer for workers’ compensation retaliation. Because the employee had signed an arbitration agreement, the employer filed a motion to compel arbitration. Arguing that the arbitration agreement was procedurally…
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