I’ve written before about the unique requirements that must be included in a noncompetition agreement with a Texas physician. The increasing likelihood that a Texas court will enforce a noncompetition agreement against any departing employee increases the importance that physicians and practice groups take great care in negotiating and drafting agreements with proper limitations as
NLRB General Counsel Confirms Employees Can Still Be Disciplined for Many Social Media Posts
There has been significant coverage of the unfair labor practice charges that have been filed by employees who were terminated over their postings made on Facebook, Twitter and other social media applications. (Examples here, here and here). The NLRB actions in some of these cases have lead to the belief by some union agents and employee representatives
Transitioning HR Professionals –Look to Verizon for Employment
Verizon agreed to pay $20 million dollars and ceasing using its no-fault attendance policy for absences caused by impairments qualifying as disabilities under the ADAAA. Whatever the size of Verizon’s Human Resources Department, it looks like its going to need to be a lot larger.
As part of the settlement with the EEOC, Verizon agreed that
EEOC Takes Hog-Like Approach on Attendance as Essential Job Function
There’s an old saying in rural America that "pigs get fat and hogs get slaughtered." We used the phrase to describe someone who, instead of being satisfied with what he has, gets greedy. In the litigation context it can be used to describe a party that takes overly aggressive, unreasonable and untenable positions. My fellow bloggers, Work Blawg
When is the Best Time to Communicate a Termination Decision?
Once the employer makes the decision to terminate the employment relationship with an employee, there is often (or should be) a discussion about when to have the meeting with employee to communicate the decision. There are two primary schools of thought. One thought is to communicate the decision at the end of the business day at the end of the workweek.
Using GPS Tracking Technology to Prove Intermittent FMLA Abuse?
The U.S. Supreme Court will decide next term whether it is law enforcement’s warrantless placement of GPS devices on a suspect’s vehicle amounts to an unlawful search or seizure in violation of the Fourth Amendment. The Fifth Circuit has already authorized law enforcement’s use of this warrantless tactic. Similarly, a New Jersey court has blessed a spouse’s use of GPS
Texas Employee Violating Attendance Policy Denied Unemployment Benefits
Texas employees are ineligible for unemployment benefits if the are terminated from employment for "misconduct connected with the work." Misconduct connected with the work includes "mismanagement of a position of employment by action or inaction, neglect that jeopardizes the life or property of another, intentional wrongdoing or malfeasance, intentional violation of a law, or violation of a policy
Appeals Court Holds Former Employee AND Bankruptcy Trustee Judicially Estopped from Collecting on Undisclosed Claims
The Fifth Circuit issued an important opinion on an issue (i.e., judicial estoppel) that arises frequently when litigating employment disputes. The issue is whether an innocent bankruptcy trustee is judicially estopped from collecting assets, on behalf of the creditors, that were not disclosed by the debtor in his bankruptcy filings. The court of appeals held that, like
Keeping Off Santa’s Naughty List Because of What You Did at the Company Christmas Party: Minimizing Employer Liability Arising From Employer-Sponsored Holiday Parties
Let the Festivities Begin.
It’s that time again. The leaves are changing; there is crispness in the air and it’s time to start planning the company’s annual end of year or holiday party. While these events are wonderful opportunities for employees and their families to get together to celebrate the season, they can have unanticipated legal implications
Dallas Court of Appeals Holds that Award of Stock Options to Employee May Not Be Sufficient to Support Covenant not to Compete
In a recent opinion of the Dallas Court of Appeals, the Court held that an insurance brokerage and consulting service firm’s noncompetition and nonsolicitation agreement obtained in return for an award of stock options to an employee was unenforceable under Texas law. (See opinion here).
Rex Cook was a long-term employee of Marsh USA, Inc. Prior