Wrongful Termination Law

Texas non-compete agreements and independent contractors

Texas is no exception to companies hiring employees as “independent contractors” to skilled positions. Sometimes companies legitimately hire independent contractors to perform specific tasks that they cannot or prefer not to perform in-house. This combination of uses for independent contractors has led to an ever-growing subset of workers outside the traditional employer-employee relationship. The employer-independent contractor relationship …

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The Danger of Ignoring Employment Arbitration Agreements in Texas

In the 1990s and early 2000s, a huge swath of employers added mandatory arbitration agreements to their employment applications and shoved arbitration agreement forms in front of their current employees. It was part of a larger push for arbitrating disputes with the idea that arbitration is cheaper than litigation. Over the past decade or so …

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A Facebook “Like” is protected First Amendment Speech

This week, the Fourth Circuit Court of Appeals published its decision in Bland v. Roberts, a First Amendment case regarding a Facebook “like”. I wrote about this case last year in my National Law Review article on social media and harassment. I contended that a “like”, “retweet” or “+1” is evidence of employee support of employment-based …

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Twerking while working? Probably a bad idea in Texas.

If you have been anywhere near a TV, radio, computer, or even two cans tied to a string, you have heard about or seen Miley Cyrus’s performance at the VMA. Let’s dispense with the details about her performance. Miley Cyrus does not know how to twerk. If Miley Cyrus is your entire world of information …

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What is the statute of limitations in Texas and what happens if the statute of limitations runs out?

There is no actual “statute of limitations” passed by the Texas legislature that gives the limitations period for all suits. The phrase refers to the limited period of time to bring a suit to court, whether it is a divorce, personal injury, employment, or even criminal suit. Different types of suits have different limitations periods …

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Crimes of moral turpitude under Texas law

Moral turpitude is an old legal term that simply means depraved or immoral. The term most commonly applies to crimes of moral turpitude and how that class of crimes affects other areas of law. Moral turpitude crimes may affect contract terms, employment law and immigration. (A conviction for a crime of moral turpitude may also …

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For what reasons can I be fired during my first 90 days in Texas?

It is extremely common for employers to establish the first thirty, sixty, or ninety days as a probationary period. Employers do this to set the expectation that they are “test driving” an employee. Although employers can terminate employees (at least non-union employees or those who do not work under an employment contract) any time, companies have …

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Biggest Loser to Contract Breacher

Tara Costa was a contestant on season seven of the well-known NBC reality show Biggest Loser. Ms. Costa did not win her season but she was a fan favorite. She used her popularity to elevate her career from plus-sized model to motivational speaker and fitness spokesperson. After leaving the show, Ms. Costa signed an agreement with …

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Can my employer violate the employment handbook under Texas employment law?

Generally yes, the employer is not bound to follow its handbook. An employment handbook can be an employment contract that requires the employer to follow the procedures and rules. In almost every handbook there is a disclaimer that it does not create an employment contract. The employer is free to change the terms at its own discretion. …

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7 Tips for Employers to Prevent Employment Suits (updated 2022)

Lead by example. Employees treat the workplace and each other the way management treats the workplace and their employees. If you set low standards, your employees will set low standards. If you leave early every day, your employees won’t feel like they have to work a full day, either. However, if your employees see you …

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What employment records should I keep?

Ideally everything. Employment agreements, new hire paperwork, benefit plan descriptions, paystubs, corrective action notices, company newsletters, HR manuals, department manuals, emails relating to any of the above documents and anything else you might receive. Although a lot of these documents can be uncovered during litigation from your employer, it can be extremely important to have …

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Can my employer prohibit workplace relationships in Texas? Sexual harassment lawyer answers

Sure. Employers in Fort Worth and Dallas generally can prohibit amorous and sexual relationships between coworkers. It is extremely common for employers to prohibit workplace relationships in some form or another. Most companies establish these policies to deter sexual harassment, maintain professionalism and prevent unfair treatment (either favorable or unfavorable). These policies are also enforced to various …

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