San Antonio Employment Law Blog

San Antonio Employment Law Blog

Category Archives: Contracts

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Jimmy John’s Requires Non-Compete Agreements

Posted in Contracts
Non-competition agreements have been around for a long time. They have usually been used for saelsmen who have access to cloesly guarded customer lists and to doctors. But, now, they have been uased for hourly employees at a sandwich chain. Jimmy John’s has been sued because it requires employees to agree Continue Reading

Employee Handbooks Are Not Binding

Posted in Contracts, Employee handbook
Most large employers have employee handbooks, those set of policies that explain things like vacation and sick leave, discipline, etc.  Employers will often describe how they are "binding" and must be followed.  But, legally, they are not binding, at all.  They look thorough and professional and provide some comfort to employees Continue Reading

Workers Fired for Wearing Orange

Posted in Contracts
I often tell clients or potential clients that in an at-will state, like Texas, your employer can fire you for anything.  They can, for example, fire because you wear a blue shirt to work.  Well, the law firm of Elizabeth R. Wellborn, P.A. in Ft. Lauderdale did just that . . Continue Reading

Arbitration Results in Suit for Fraud

Posted in Contracts
I first wrote about this case here.  An arbitrator failed to disclose his relationship with the attorney for one of the parties.  The arbitrator, Robert Faulkner, a former US Magistrate, had long standing ties with the lawyer for one of the parties, Brett Johnson.  The arbitration went well for Mr. Continue Reading

Most Voters Oppose Forced Arbitration Clauses

Posted in Contracts
A survey of likely voters in 2010 shows that the American public is generally opposed to mandatory arbitration clauses found in employment and consumer situations.  59% oppose forced arbitration clauses found in the fine print of employment and consumer agreements.  59% of likely voters support the Arbitration Fairness Act, a proposal Continue Reading

Study Shows Arbitration Favors Employers

Posted in Contracts
Alex Colvin of Cornell University has published one of the first empirical studies of arbitration in the employment context.  He looked at the reports submitted by the American Arbitration Association, one of the leading providers of arbitrations, in California.  The study looked at 3,945 arbitrations, of which 1,213 were decided by Continue Reading

Coach Leach Appeal Denied

Posted in Contracts
You cannot sue the state without permission.  This law is as old as the United States.  The principle provides essentially that a state must waive its sovereign immunity.   Coach Mike Leach has run into this challenge when he sued Texas Tech for violating the terms of his contract.  See report. Continue Reading

Arbitration Clauses Here, There, Everywhere

Posted in Contracts
Arbitration clauses are everywhere, from employee handbooks to automobile purchases to purchases of electronics.  Now, we even find arbitration clauses posted on the front door of a Whataburger.   See post.   The "American Mediation Association" mentioned in the post is actually a Dallas law firm.   As Workplace Prof mentions, one Continue Reading

Hewlett-Packard Sues Former CEO

Posted in Contracts
Hewlett-Packard  sues Mark Hurd claiming that his new job as CEO for Oracle will require him to disclose trade secrets.  Apparently, HP never required Hurd to sign a non-disclosure or non-compete agreement. So, HP is suing under the theory of inevitable disclosure of trade secrets.  HP filed suit in California, which Continue Reading
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