Dallas Employment Lawyer - Keith Clouse

Keith Clouse
This website and all materials on it have been prepared by Clouse Dunn LLP for informational purposes only. These materials do not, and are not intended to, constitute legal advice.



Duty to Accommodate a Newly Hired Employee

January 25, 2016
Most employers know they have a duty under the federal Americans with Disabilities Act to accommodate an employee’s disability. Some employers, however, may not realize that this duty extends to newly-hired individuals, even before they start working for the employer. In a recent case before the Fifth Circuit Court of Appeals, the plaintiff alleged that his job offer had been rescinded a...

Fifth Circuit Reverses Summary Judgment in ADA Case

January 25, 2016
The Fifth Circuit Court of Appeals recently reversed summary judgment for an employer in an Americans with Disabilities Act matter. Cannon v. Jacobs Field Servs. N. Am,. Inc., No. 15-20127 (5th Cir. Jan. 13, 2016), available at http://www.ca5.uscourts.gov/opinions/pub/15/15-20127-CV0.pdf. The plaintiff received a job offer. The company doctor then conducted a pre-employment examination and c...

Inconsistent Discipline Can Lead to Problems

January 17, 2016
Dallas employment law attorney Keith Clouse believes, while each situation should be evaluated on its own, an employer must recognize that inconsistent discipline may lead to problems. If an employer has a policy of terminating employees who commit certain acts--such as theft, assaulting a coworker, or showing up late more than five times without notice--the employer should be consistent in ...

Fifth Circuit Remands Discrimination Case

January 17, 2016
The Fifth Circuit Court of Appeals recently affirmed in part and vacated in part a discrimination and retaliation case. Wheat v. Fl. Parish Juv. Justice Comm’n, No. 14-30788 (5th Cir. Jan. 5, 2016), available at http://www.ca5.uscourts.gov/opinions/pub/14/14-30788-CV0.pdf. The plaintiff worked in a juvenile detention center. After taking Family and Medical Leave Act leave, her employment...

Three Don’ts When Evaluating Employees

January 10, 2016
Dallas employment lawyer Keith Clouse suggests that an employer keep these “don’ts” in mind when evaluating employee performance. Don’t generalize. Be specific. Saying an employee “does not contribute his best” does not tell the employee what he must do to improve. Saying that an employee "must process files within two days of receiving them" provides the employee with usable insight. ...

EEOC Provides Information Regarding Workplace Protections for Muslims

January 10, 2016
Dallas employer lawyer Keith Clouse notes that the United States Equal Employment Opportunity Commission recently issued a statement and provided information regarding workplace protections for individuals who are, or who are perceived to be, Muslim or Middle Eastern. In light of recent attacks both in America and elsewhere, the EEOC reiterates that discrimination in the workplace based on r...

Key Considerations Regarding Non-Compete Agreements

January 04, 2016
Dallas non-compete lawyer Keith Clouse notes that an employer that takes these steps may increase its ability to enforce a non-compete agreement. 1. Choose the right covenant. An employer may restrict an employee’s right to solicit employees, compete, or solicit customers. Select the least restrictive covenant that will protect the employer’s interests. 2. Choose the right employees....

Retaliation Case Decided by Fifth Circuit

December 27, 2015
The Fifth Circuit Court of Appeals recently considered a retaliation case. Brandon v. Sage Corp., No. 14-51320 (Dec. 10, 2015), available at http://www.ca5.uscourts.gov/opinions/pub/14/14-51320-CV0.pdf. The plaintiff served as the director of a truck driving school’s campus. She hired a female instructor whose gender expression was traditionally masculine. The regional director visited the c...

Workers’ Compensation Retaliation Explained By Dallas Employment Lawyer

December 21, 2015
Dallas employment lawyer Keith Clouse represents employers and employees in various employment-related disputes. Here, he discusses workers’ compensation retaliation claims. Texas law provides that an employer may not discharge or in any other way discriminate against an employee because the employee filed a workers’ compensation claim in good faith. An employer who violates this statute...

Texas Supreme Court Rules in Workers’ Compensation Matter

December 21, 2015
The Texas Supreme Court recently ruled in a workers’ compensation case. Kingsaire, Inc. v. Melendez, No. 14-0006 (Tex. Dec. 4, 2015), available at http://www.txcourts.gov/media/1190163/140006.pdf. After suffering an on-the-job injury, an employee took leave. When he was unable to return after the expiration of the leave provided by the employer’s policy, the employer terminated his emplo...