Among the provisions employed increasingly by employers is the “claw back” provision. Under the typical claw back provision, the employee agrees to a certain salary or wage. The employer then requires the employee to agree that if the employee fails to provide a notice of resignation within a certain amount of time, or if the
Fourteenth Court Disregards Direct Evidence
One would expect that a case involving direct evidence of age bias would not be granted summary judgment. Yet, that is what happened in Lopez v. Exxon Mobil Development Co., No. 14-16-00826, 2017 WL 4018359 (Tex.App. Houston 9/12/2017). Plaintiff David Lopez worked for Exxon for over ten years when he was terminated in 2014.
Lawyers Cannot Always Withdraw in Federal Court
Filing suit in federal court is different. Federal court differs from state court in some key respects. One of these respects concerns attorney withdrawal. In state court, most judges would quickly grant a motion to withdraw. Not so in federal court. In GDC Technics, Ltd. v. Grace, No. 15-CV-488-ML, the Defendant’s counsel asked to
Bergdahl Should not Have Been Recruited
The thing about Bowe Bergdahl is why was he even in the Army in the first place? It is near suicide to walk off a FOB with no weapon and no protective gear. Yet, that is exactly what he did before he was captured by the Taliban. He had washed out of Coast Guard basic
Toughest Sheriff Found Guilty of Contempt
Well, the “toughest” sheriff was found guilty of contempt. Sheriff Joe Arpaio targeted Hispanics in his traffic stops. He ignored an order from a U.S. District Judge to stop targeting Hispanics. His office did not stop for another 18 months. During his trial, he claimed his lawyer did not explain the judge’s order to him
Wells Fargo Sued Again for Unethical Practices
Another local manager has sued Wells Fargo saying she was fired due to the oppressive and fraudulent sales tactics employed by the company. Rachael DeBoy of Cibolo sued the company accusing them of fraud, breach of contract, quantum meruit (i.e., alleging the company did not pay what was owed), and for wrongful termination. In the
Sheriff Arpaio’s Defense Rests
The trial for the “toughest sheriff” has concluded. I previously wrote about that trial here. The “toughest sheriff” has chosen a strange defense. As his trial reached its conclusion, his attorney argued that the “toughest sheriff” did not have a good lawyer. The lawyer did not explain the judge’s ruling to him, for eighteen
Toughest Sheriff Goes on Trial for Contempt
Sherrif Joe Arpaio, the self-styled “toughest” sheriff in the country, is going on trial. He had been warned not to detain immigrants just because they lacked legal status. The order came from U.S. District Judge Murray Snow after the deputies had detained several Mexican-American citizens and Mexicans here on lawful visas. Sheriff Joe, the toughest
Lawsuit against Statute Targeting Immigrants
The state legislature passed a bill last month that allows law enforcement officers to question persons about their citizenship. In Texas, most law enforcement agencies do not question witnesses or persons stopped about their citizenship. The fear is such questions would hinder gathering information about crimes. The new statute would also punish heads of law
Pro Se Case is Quickly Dismissed
It is difficult to find a lawyer who specializes in employment law and who represents employees. Most employment lawyers represent the employer and are not willing to represent employees. The typical plaintiff starts out talking to Personal Injury lawyers, because PI lawyers advertise. So, many times, the employment plaintiff must file his/her own case pro