The Western District of Texas recently denied in part and granted in part a Rule 12(b)(6) motion to dismiss in the matter of Doe v. U.T. at San Antonio, No. 20-CV-1039-DAE (W.D. Tex. 9/27/2021). The Plaintiff sued UTSA based on several theories. He also sued two administrators in addition to the school itself. The
More and more, Texas employers rely on non-compete agreements. More and more, those agreements are permeating down below to blue collar jobs. In Elite Auto Body v. Autocraft, No. 03-15-00064 (Tex.App. Austin 5/5/2017), Autocraft sued Elite Auto Body and three former employees of Autocraft. Autocraft claimed the three employees took trade secrets with them
Donald Trump’s campaign rally in Louisville, Kentucky in 2016 is again in the news. As I have mentioned here previously here and here, the President and his campaign have been sued for roughing up protesters at that rally. One of the defendants with the President is Mathew Heimbach, a white nationalist. He is chairman
Some folks refer to the President as the Twitter-in-Chief. Well, he should also be considered as the Litigator-in-Chief. He tossed out provocative statements at campaign rallies like they were candy. At one rally in Louisville, he exhorted his supporters to rough up a couple of protesters. He also added, as the protesters were being forced
When a local politician wins office, she or he like to bring in their own persons for key positions. Sometimes, they also like to fire the employees who supported their opponent. County Clerks from here to Timbuktu will seek to replace you if you support the defeated opponent. But, the County Clerks who do so
There are a lot of myths out there about employment law. From time to time, I talk about a few of those myths.
At will
“At will” employment means an employee can be fired for anything.” Texas is an at-will state. An employee can indeed be fired for a lot of things, but not for
People talk about "free speech rights" all the time. But, in reality, our free speech rights are rather limited. Until the U.S. Supreme Court’s decision in Lane v. Franks, No. 13-483 (6/19/14), for example, "free speech" did not apply to speaking publicly about a co-worker at the risk of one’s job. Edward Lane testified before
You love your job. You love your job so much that you like to blog about it when you get home. But, what if your employer does not like your comments? A recent federal appeals court decision applies some limits to what you can say in your post. See Richerson v. Beckon.
The only reason