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.



Texas Court of Appeals Rules that Amendment to Federal Law Applies to Lawsuit Brought Under Texas State Law

April 11, 2010
A Texas court ruled that an amendment to the federal antidiscrimination law applies to the state law.  Prairie View A&M Univ. v. Chatha, No. 01-09-00840-CV (Tex. App.—Houston [1st Dist.], April 1, 2010), available at http://www.1stcoa.courts.state.tx.us/opinions/HTMLopinion.asp?OpinionID=87650. A plaintiff must file a charge of discrimination within 180 days after an alleged dis...

Fifth Circuit Affirms Summary Judgment for Employer

April 04, 2010
The Fifth Circuit Court of Appeals recently affirmed summary judgment for an employer in a discrimination case.  Jackson v. Cal-W. Packaging Corp., No. 09-20411 (5th Cir. March 2, 2010), available at http://www.ca5.uscourts.gov/opinions/pub/09/09-20411-CV0.wpd.pdf. The plaintiff sued his former employer for age discrimination after allegedly being fired for non-compliance with the company...

Thinking of Joining a Start-Up Company?

March 30, 2010
An executive at an established corporation may be approached with a great business idea and the chance to be a founding member in a new start-up company.  But before the executive makes a leap, consideration should be given to a couple key areas. First, a young start-up company may not be able to provide competitive compensation, benefits, or support.  Some start-up companies offer i...

Fifth Circuit Court of Appeals Rules for Employer in Religious Discrimination

March 28, 2010
The Fifth Circuit Court of Appeals recently affirmed summary judgment for an employer in a discrimination case.  Kretchmer v. Eveden Inc., No. 09-10556 (5th Cir. March 12, 2010), available at http://www.ca5.uscourts.gov/opinions/unpub/09/09-10556.0.wpd.pdf. The plaintiff sued his former employer for religious and age discrimination after being terminated from his position as a sales accou...

Dallas Court of Appeals Enforces Forum Selection Clause in Employment Contract

March 23, 2010
The Court of Appeals located in Dallas, Texas recently enforced a forum selection clause contained in an employment agreement.  Godenick v. Mannatech, Inc., No. 05-09-00269-CV (Tex. App.—Dallas March 3, 2010, no pet. h.), available at http://www.5thcoa.courts.state.tx.us/cgi-bin/as_web.exe?c05_10.ask+D+4781377.  In the employment agreement, the parties agreed to exclusive venue ...

Texas Non-Compete Agreements Must Contain Reasonable Geographic Limitations or an Effective Substitute

March 22, 2010
Texas employers may wish to ask their key employees to sign non-compete agreements; these agreements prevent employees from competing with employers post-employment.  But, cautions Dallas non-compete attorney Keith Clouse, for a non-compete agreement to be enforceable, an employer must carefully tailor the agreement to ensure that the restrictions on post-employment activities are reasonab...

Employers Must Give Adequate Consideration to Support Non-Compete Agreements

March 16, 2010
A non-compete agreement forbids an employee from competing with an employer post-employment.  But, cautions Dallas non-compete attorney Keith Clouse, an employer must provide adequate consideration to the employee for the contract to be enforceable. In Texas, the consideration given by an employer must give rise to the employer’s interest in restraining the employee from compe...

Discovery Matters in Lawsuits over Employment Law Issues

March 14, 2010
Employers and employees may find themselves in litigation with one another over a breach of contract issue, the breach of a non-compete agreement, or a discrimination or retaliation matter.  Sometimes, the parties can resolve their differences easily.  But if the parties are not able to resolve the case at the outset, they must participate in the discovery process.  This is th...

Fifth Circuit Rules for Employer in Retaliation Claim under Texas Health and Safety Code

March 07, 2010
The Fifth Circuit ruled for an employer in a workplace retaliation matter.  Johnson v. Diversicare Afton Oaks LLC, No. 08-20827 (5th Cir. Feb. 17, 2010), available at http://www.ca5.uscourts.gov/opinions/pub/08/08-20827-CV0.wpd.pdf. The plaintiff, an assistant director at a nursing home, failed to investigate an alleged incident of resident abuse and was suspended pending an investigation...

Planning Ahead May Help an Employee Avoid a Non-Compete Lawsuit

March 05, 2010
A non-compete agreement forbids an employee from competing with an employer post-employment and usually contains a provision forbidding the employee from using the employer’s confidential information.  Unfortunately, an employee who signs a non-compete agreement may find himself in litigation with a former employer, even if the employee does not believe he is “competing” ...