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Employer Disaster Plan: What To Do When an Employee Has Stolen Trade Secrets and There Is No Non-Compete Agreement

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Trade secrets are the kind of information that, if end up in the hands of a competitor, could spell disaster for your business. A common example is the Coca Cola recipe. Other examples include customer lists, pricing information, and business strategies. Under Texas law, it is illegal for an … [Read more...] about Employer Disaster Plan: What To Do When an Employee Has Stolen Trade Secrets and There Is No Non-Compete Agreement

Employers: No Noncompete? Buy “Loyalty” Instead

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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 … [Read more...] about Employers: No Noncompete? Buy “Loyalty” Instead

Forfeiture Clauses: When Are These “Bad Boys” Enforceable?

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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 … [Read more...] about Forfeiture Clauses: When Are These “Bad Boys” Enforceable?

Arbitration Clause in English Signed by Spanish-Speaking Employee: Enforceable?

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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 … [Read more...] about Arbitration Clause in English Signed by Spanish-Speaking Employee: Enforceable?

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