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 in an uncertain world.
Physician NonCompete Agreements Require Particular Provisions
A non-compete clause for physicians requires adherence to certain criteria to be effective in Texas. Texas has a state law applicable to physician noncompete agreements.
- A physician noncompete must not impinge on a doctor’s access to a list of his/her patients upon his/her departure
- The departing doctor must have access to the patients’ records when
Jimmy John’s Requires Non-Compete Agreements
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 they will not work
Mandatory Arbitration Used to Hide Sex Harassment
The folks at Public Justice have written a bog post about the pernicious use of mandatory arbitration by American Apparel, a major U.S. clothing manufacturer. Based on an article in the New York Times, the post recounts the story of Dov Charney, long-time CEO of American Apparel. Mr. Charney was known for such witticisms
Vacation Pay Is Not Owed to Departing Texas Employees
Under the Texas Payday Statute, terminated employees are not entitled to their vacation pay when they leave their job. So explains Russ Cawyer in this post. The same statutory provision applies to sick leave or severance pay. Such benefits are owed to the employee only if the departing employee has a valid contract providing
Windcrest Seeks Former City Manager’s Office Condo
A couple of years ago, Ron Cain was demanding severance pay. See my prior blog post. Now, Ronnie Cain and his brother, Gary Cain are facing efforts by the City of Windcrest to seize the office condo they purchased. Windcrest alleges they purchased the condo with money stolen from the city. See San Antonio
Do I Need a Lawyer to Review a Severance Agreement?
My friend, Chris McKinney has written a helpful post about severance agreements. He answers the question, Should I ask a lawyer to review a severance agreement before I sign it? Yes, we all should have a lawyer review such an agreement. Chris lists several good reasons, but he biggest reason is to ascertain whether you
San Antonio Court of Appeals Finds No “Just Cause” Requirement
An employer can modify the at-will relationship. An employer can agree to terminate an employee only for "just cause." Many employers agree to do so so for key employees. But, how does an employer modify the at-will status of an employee? in Crystal City v. Palacios, 2012 WL 1431354 (Tex.App. San Antonio 201012) (not
Workers Fired for Wearing Orange
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 . . . almost. They fired
Arbitration Results in Suit for Fraud
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. Johnson of Fish and