Texas Employment Law Update

Texas Employment Law Update

A Resource for Texas Employers

Tag Archives: at-will

El Paso Court of Appeals Clarifies Fiduciary Duty At-Will Employees Owe to Employers

Posted in Case Summaries, News & Commentary, Noncompetes and Restrictive Covenants, Trade Secrets
In Texas, absent a valid noncompete, an at-will employee is generally free to compete with the former employer so long as the employee does not take or use the company’s confidential information or trade secrets. Notwithstanding this general rule, employees also have common law fiduciary duties that limit what activities they can engage in prior to resigning… Continue Reading

Texas is a Right to Work State! What the Heck Does that Mean?

Posted in Human Resources, News & Commentary
Several years ago I took the deposition of the business owner who hired several employees from a competitor in violation of a noncompetition agreement the employees had with the competitor.  As part of enforcing the agreements against the former employees, the competitor sued the new employer for tortious interference with contract because the new employer/business owner was aware of the noncompetition agreements and… Continue Reading

Dallas Court of Appeals Rejects Wrongful Termination Claim for Voting in Election

Posted in Case Summaries, Judicial Updates
Earlier this week the Dallas Court of Appeals rejected an employee’s attempt to create a new wrongful termination cause of action.  In Martin v. Clinical Pathology Lab., Joyce Martin sued her employer for terminating her employment after she requested time off to vote in the November 2008 General Election.  According to her petition, Martin alleged… Continue Reading