Texas Employment Law Update

Texas Employment Law Update

A Resource for Texas Employers

Tag Archives: El Paso Court of Appeals

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

El Paso Court of Appeals Recognizes Private Right of Action for Retaliation for Assisted Living Facility Employees

Posted in Case Summaries, Retaliation
In an issue of first impression, the El Paso Court of Appeals has held that the Assisted Living Facility Licensing Act creates a private right of action for an employee who has filed a complaint, grievance of providing information in good faith relating to personal care services of the assisted living facility. In Emeritus Corp. v.… Continue Reading

El Paso Court of Appeals Holds that Employer May Use Mandamus Petition to Challenge Trial Court’s Jurisdiction Where Employee’s Charge of Discrimination was not Timely

Posted in Case Summaries, Disability, Discrimination, Harassment
The El Paso Court of Appeals held this week that a Texas employer can use mandamus petition to challenge a trial court’s jurisdiction where the plaintiff-employee failed to file his charge of discrimination timely.  A link to the opinion is here. … Continue Reading

El Paso Court Holds Employee Abandoned Job –Did Not Quit for Good Cause

Posted in Case Summaries, Unemployment
Last week, the El Paso Court of Appeals affirmed a judgment in favor of an employer on an unemployment benefit eligibility issue where the employee, abandoned his job.  The employee was a Nationwide Financed Agent from January 2003 until November 2005.  A Financed Agent is an employee-agent of Nationwide who starts an insurance agency and operates it to the… Continue Reading