Employment Law

Are non-compete agreements enforceable in Texas?

A non-compete agreement in Texas is enforceable if it meets all five requirements under Texas law: it is part of an otherwise enforceable agreement; there is valid consideration; reasonable in time; reasonable in geographic scope; and reasonable in activities restrained. If the non-compete agreement satisfies all four elements, then the answer to the question: “Is […]

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EEOC employment lawyers busy this month on employment discrimination (2017)

EEOC lawyers have had a busy September starting and settling employment discrimination lawsuits. The EEOC accepts charges of employment discrimination in Fort Worth and Dallas at the Dallas, Texas office. Employment lawyers in Texas represent employees in these types of employment discrimination lawsuits. The following is just the listing of the EEOC activity reported in

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Expunging, Sealing and Nondisclosure Orders for Minor and Juvenile Criminal Records in Texas: Part 1

Background checks are becoming an increasingly common part of the application process for major aspects of our lives including employment, housing, credit cards, college admissions and professional licensing. This continues to be true despite efforts of civil rights agencies like the Equal Employment Opportunities Commission (EEOC) to push back on the broad use of criminal

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Super lawyers, rising stars, best lawyers and other attorney advertising in Texas

Super Lawyers is a division of Thompson Reuters, a private mass media and information business. People searching for lawyers or attorneys almost certainly will see law firms advertising Super Lawyers designations. These include Super Lawyers and Super Lawyers Rising Stars. People searching for lawyers may be impressed by this designation although they don’t really know

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Dallas employment attorneys with free consultations?

Dallas employment lawyers sometimes offer free consultations in their Dallas, Texas law firms. Most of the well-known employment attorneys in Dallas and Fort Worth do not offer free consultations. They may charge a fee of $75-300. Some lawyers offer free consultations but these may be personal injury lawyers or other trial attorneys who take on

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Differences between racial discrimination claims under Title VII and Section 1981

Employment discrimination claims under Texas and federal law often require sorting through a web of statutory and administrative requirements. Many employment laws overlap. A set of facts of a Texas employee may provide several claims for employment discrimination due to the overlap. Maneuvering the overlap and setting up an employee for the best employment discrimination

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Are EEOC complaints confidential in Texas?

Employees suffering employment discrimination often worry about the effects of reporting employment discrimination to the EEOC. This is especially true for employees who still work at the job where discrimination occurs. Retaliation for complaining about employment discrimination is a real and serious concern. This concern may lead workers to not contact the EEOC or an

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Age discrimination the new EEOC focus for employment discrimination litigation? Seems so.

Age discrimination is the new focus of the Equal Employment Opportunity Commission (EEOC) this year according to the  new acting chair of the EEOC, Victoria Lipnic. This is a surprising shift for the EEOC which targeted retaliation and novel issues over the past several years. This move towards age discrimination occurs with the fiftieth anniversary of the

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Severance and Texas unemployment benefits: Can I take both?

Texas employees often question the relationship between severance pay and unemployment benefits through the Texas Workforce Commission. Workers often think if they accept severance pay they are automatically ineligible for unemployment benefits in Texas. That is incorrect. The terms of the severance agreement determine whether you can receive severance and unemployment pay in Texas. Basic

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EEOC mediation and lawsuit settlement amounts in Texas

EEOC mediations and lawsuits often end in settlement of claims for employment discrimination in Texas, including wrongful termination. An important question for many employees filing employment discrimination claims with the EEOC is what they can expect in a settlement. Many employment discrimination complaints filed with the EEOC in Dallas settle either in mediation with the

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Can I be fired for discussing politics at work?

Texas employees have good reason to worry about how the polarized political climate may affect their jobs. Certainly changes in employment laws could have a meaningful change to employment in Texas. These could occur in changes to: civil rights protections for gay and transgender employees; minimum wage and overtime pay regulations; investment adviser fiduciary duties

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Dallas Police and Firefighters Pension Funding Crisis

Dallas residents may have discovered over the past several months a financial crisis in their city related to the Dallas Police and Firefighters Pension. Few people really understand pension funding and how pension funding created this billion dollar shortfall for the city. The local news media in Dallas–Fort Worth, Texas has done a fairly good

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Seven Ways Legal TV Shows Are Not Like Real Life Trials (and three they are)

Courtroom and legal television is nearly as old as television itself, dating back to classic shows like Perry Mason–but how real are they? Not very real at all. The range of courtroom comedies, drama and “reality” shows over seventy years of television cover the entire range from editorializing real events to completely ridiculous fictionalized worlds.

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Can my Texas employer fire me for doing what my manager told me to do?

Here’s a tricky situation: you follow a specific instruction from your manager or a company policy. Then your employer fires you. Can this happen for following orders? Unfortunately, in most cases the answer: yes. Seems bizarre–and it is–but this is the nature of the at-will employment relationship. In an at-will employment relationship the employer can discipline an employee,

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Just been fired? Apply for unemployment benefits in Texas

If you are fired (aka discharged, terminated) from your job then one of your first acts in almost all cases should be to apply for unemployment benefits. Applying for unemployment benefits through the Texas Workforce Commission is free so even if denied benefits you have only lost the time applying. This is true even if

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College Retirement Plans under Fire for Excessive Investment Fees

The past ten to fifteen years has given rise to a set of lawsuits against 401k plan administrators over excessive plan fees and revenue sharing agreements between plan administrators and recordkeepers. We are probably approaching the end of this wave of excessive fee litigation against for-profit employers for 401k plans. A new wave of excessive retirement

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