Viewing 21 - 30 out of 99 posts

What Is "Constructive Discharge" in Texas?

1. What is a constructive discharge? The typical scenario for an employment law case is that the employer has fired the employee. Assuming that the fired worker was an at-will employee, Read More

First Court of Appeals Vacates Temporary Injunction in Non-Compete/Trade Secrets Case Due to Lack of Specificity

Rule 683 of the Texas Rules of Civil Procedure provides that an injunction order "shall set forth the reasons for its issuance; shall be specific in terms; [and] shall describe Read More

Fifth Circuit Reverses a Jury Verdict in a Racial Harassment Case Because the Employer Took Prompt Remedial Action

When one employee harasses another employee on the basis of sex, race, or another protected classification, the employer is not automatically liable for the misconduct of the employee. Instead, vicarious Read More

Fort Worth Court of Appeals Finds Non-Compete Unenforceable Due to Waiver and Overbreadth

In an unpublished opinion, the Fort Worth Court of Appeals found that a non-compete was unenforceable due to waiver and overbreath. Ally Financial, Inc. v. Gutierrez, No. 02-13-00108-CV (Tex. App. Read More

Fourteenth Court of Appeals Holds that Equitable Estoppel Bars an Employer from Asserting the Statute of Limitations in an FLSA Case

The Fair Labor Standards Act requires employers to pay the minimum wage and overtime. The FLSA contains a two-year statute of limitations that can be extended to three years in Read More

Houston Court of Appeals Holds That an Employee Recently Released from a Drug Rehab Program Is a "Current" Drug Addict for Purposes of Disability Discrimination

The disability discrimination statutes under both federal and state law expressly exclude current drug addiction as a disability. In Melendez v. Houston Independent School District, No. 14-12-00946-CV (Tex. App. -- Read More

Houston Court of Appeals Affirms Denial of Injunction in Physician Non-Compete Case

Lasikplus of Texas, LLC v. Mattioli, No. 14-12-01155-CV (Tex. App. -- Houston [14th Dist.] Nov. 21, 2013), addressed the availability of a temporary injunction to enforce the non-compete in a Read More

El Paso Court of Appeals Upholds Workers Comp Retaliation Verdict Despite the Employer's Reliance on a Cause-Neutral Absence Control Policy

Chapter 451 of the Texas Labor Code prohibits an employer from retaliating or discriminating against an employee who files a workers compensation claim. The key issue in many cases under Read More

Houston Court of Appeals Holds That a Doctor's Employment-Related Claim Is Not a Health Care Liability Claim

Chapter 74 of the Texas Civil Practice and Remedies Code requires the dismissal of a health care liability claim unless the plaintiff files an expert report within 120 days. This Read More

San Antonio Court of Appeals Upholds Causation in a Retaliation Case Despite a Three-Year Time Gap

Unlike ordinary discrimination claims, retaliation claims require "but for" causation: that the retaliatory act would not have occurred but for the plaintiff's protected activity. It is common for plaintiffs to Read More

Viewing 21 - 30 out of 99 posts