Sometime back, I met with a young man about his work situation. He was told by his boss to do some things that the worker believed would violate internal policies. Every work place has rules unique to that work place. We describe those rules as internal rules or policies. The worker was essentially telling me
The Federal Trade Commission has voted 3-2 to ban non-compete agreements. NCA’s affect 18% of the work force, or about 30 million workers. They have been used for fast food workers and CEO’s alike. Perhaps as recently as 20 years ago, they were only used for senior executives. But, their use has since grown in
Arbitration agreements are very common in the Texas work force. Increasingly common is the onboarding process in which new employees sign everything online. That leads to issues. The arbitration agreement provision is very routine. Will the employer get around to signing every arbitration agreement? In Hi Tech Luxury Imports v. Morgan, No. No. 03-19-00021-CV
Truck drivers and many others are tested for drug use routinely. The practice of conducting drug testing has become pervasive across a wide swath of industries. But, what happens when a drug testing company gets it wrong? What happens when the laboratory makes a mistake? Having received many of these phone calls, I can tell
The plaintiff, Mary Pearce, worked for Universal Lubricants for 16 years selling lubricants. In 2016, Petrochoice acquired Universal. Petrochoice told Pierce and the other employees they must sign a non-compete agreement. A few months later, Petrochoice fired Pearce. Because of the non-compete agreement, Pearce had trouble finding work. A few months later, she found a
If you work for a company for a few years and maintain your LinkedIn account, you will build up a set of contacts based on your employment. What happens if those contacts are customers? Do they belong to you or to your employer? That was the issue in Cellular Accessories for Less, Inc. v. Trinitas
Arbitration has been sold as a more efficient, cheaper alternative to litigation. But, the reality is that it can be very expensive. And, unlike traditional courts, if you do not pay the arbitrator, the lawsuit stops. AAA, the leading provider of arbitral service, requires periodic deposits to cover anticipated future costs of the arbitration. Pres.
Forced arbitration has become more and more prevalent. In the work place, many employers provide an orientation which occurs online. So, forced arbitration often requires the new employee to agree (or not) to forced arbitration online. What happens if the employee does not sign the forced arbitration agreement? And, what happens if an employee does
What happens when an employee files suit, perhaps unaware of the existence of a forced arbitration agreement? How long might a lawsuit progress before the employer mentions the supposed arbitration agreement? In Vectra Infosys v. Adema, No. 05-18-01371 (Tex.App. Dallas 8/28/2019), the employer responded to the lawsuit and conducted extensive discovery. The employer filed
Many employers in Texas are trying to save a few dollars by carrying their employees as independent contractors. As an independent contractor, the employer need not provide medical benefits or other types of benefits. But, as an independent contractor, the injured employee can sue the employer for tort injuries. In Stevenson v. Waste Management of