• posted: Mar. 23, 2013
• David Holmes
• General Information,  Whistleblower Rights,  Retaliation

A retaliation claim is similar to, but different from, a discrimination claim.  The discrimination statutes protect various employees with various characteristics, from race to sex to disability status to immigration status.  Read More

• posted: Mar. 23, 2013
• David Holmes
• General Information

Any employee in Texas is protected by a host of federal and state discrimination statutes.  This article lists the various discrimination laws and in some cases provides a link to Read More

• posted: Mar. 22, 2013
• David Holmes
• Non-Competes

In many states, an employer will have great difficulty enforcing a covenant not to compete.  In fact, in some states, non-competes are contrary to public policy and are never enforceable Read More

• posted: Mar. 17, 2013
• David Holmes
• Recent Developments 2013,  Trade Secrets

Senator John Carona of Dallas has introduced Senate Bill 953 in the Texas legislature.  SB 953 would adopt the Uniform Trade Secrets Act, which is a standard set of state Read More

• posted: Mar. 16, 2013
• David Holmes
• Trade Secrets

This is a short guide designed to provide general background with respect to the nature of trade secrets under Texas law. 1. What is the definition of a trade secret in Texas? In 1958, Read More

• posted: Mar. 16, 2013
• David Holmes
• FMLA

Let's assume that an employee is entitled to leave under the Family and Medical Leave Act.  What exactly are the employee's rights? The discussion in this guide assumes that the employee has sought Read More

• posted: Mar. 15, 2013
• David Holmes
• FMLA

The FMLA gives employees a right to take unpaid leave if they have a "serious health condition" that renders them unable to perform the functions of their job.  This article is Read More

• posted: Mar. 15, 2013
• David Holmes
• Recent Developments 2013,  Whistleblower Rights

The Internal Revenue Code has contained a limited qui tam whistleblower provision for many years. The Tax Relief and Health Care Act of 2006 greatly expanded these provisions.  The new Read More

• posted: Mar. 14, 2013
• David Holmes
• Recent Developments 2013

The Fifth Circuit has certified two interesting questions regarding the at-will employment rule to the Texas Supreme Court.  Curiously, the case arises out of a union dispute over which the Texas Supreme Read More

• posted: Mar. 12, 2013
• David Holmes
• Recent Developments 2013,  Age Discrimination

Gonzalez v. City of San Antonio, No. 12-50472 (5th Cir. March 12, 2013) (unpublished), is yet another case that shows the weight that the Fifth Circuit is giving to selection Read More