Welcome to Texas Business Matters! Today we talk about another commonly-held myth that prevents employers from acting on a credible claim of sexual harassment—specifically, that of the “Superstar” harasser. The “Superstar” harasser is an employee believed to be too valuable to terminate. Think … [Read more...] about The Myth of the “Superstar” Harasser: What Employers Fail to Understand
Tips & News
Introduction to Non-compete Agreements
Welcome to Texas Business Matters! Today we start our 10-part series on non-compete agreements. In this series, we will cover what is a non-compete agreement; under what circumstances a non-compete agreement is enforceable under Texas law; the difference between non-compete, non-solicitation, and … [Read more...] about Introduction to Non-compete Agreements
Employer Disaster Plan: What To Do When an Employee Has Stolen Trade Secrets and There Is No Non-Compete Agreement
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
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
Counting Employees under Title VII, the ADA, and the ADEA: Do Part-Time Employees Count?
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 Title … [Read more...] about Counting Employees under Title VII, the ADA, and the ADEA: Do Part-Time Employees Count?
Arbitration Clause in English Signed by Spanish-Speaking Employee: Enforceable?
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?
A Tale of Two Coaches’ Consensual Acts with Students: Did UT Discriminate?
In late 2012, UT women’s track coach Bev Kearney was forced to resign after admitting to a consensual, year-long relationship with one of her athletes in the early 2000s. Not a month later, the Daily Texan reported that Major Applewhite, a UT assistant football coach, engaged in a one-time sexual … [Read more...] about A Tale of Two Coaches’ Consensual Acts with Students: Did UT Discriminate?
2012 Employment Law Highlights: Social Media, Arbitration, and the Top EEO Claim against Texas Employers
2012 brought Texas businesses lots of employment law changes. In case you missed it, here is a short video of my recent talk on the radio program Money for Lunch about some of the highlights, including social media, arbitration, the top EEO claim against Texas employers, and what you can do to … [Read more...] about 2012 Employment Law Highlights: Social Media, Arbitration, and the Top EEO Claim against Texas Employers
You Are Enough: A Monk’s Thoughts on the Practice of Law
I once took a personality test that said I should become a monk. I didn’t take its advice. Instead, I became a lawyer. Turns out, I am a good lawyer. And I love practicing law. But the monk in me has noticed a belief in our society, and in our profession. The belief is: “I do not do enough. I do not … [Read more...] about You Are Enough: A Monk’s Thoughts on the Practice of Law
U.S. Supreme Court: Enforceability of Noncompete Must Be Decided by Arbitration
This week, the U.S. Supreme Court decided a case that involves two hot topics in employment law: arbitration agreements and noncompetes. In Nitro-Lift Technologies, LLC v. Howard, two employees who worked in Oklahoma signed a noncompete with their employer at the time, Nitro-Lift. The noncompete … [Read more...] about U.S. Supreme Court: Enforceability of Noncompete Must Be Decided by Arbitration