Dallas Employment Lawyer - Keith Clouse

Keith Clouse
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Dallas Business Litigation Attorney Keith Clouse Reports Fifth Circuit Court of Appeals Reverses Summary Judgment in Race Discrimination Case

November 30, 2009
The Fifth Circuit Court of Appeals recently reversed summary judgment in a Section 1981 race discrimination matter.  Blackston v. Wexford Health Sources Inc., No. 08-60855 (5th Cir. Nov. 16, 2009), available at http://www.ca5.uscourts.gov/opinions/unpub/08/08-60855.0.wpd.pdf.  Blackston, a white man, worked for a medical staffing contractor and served as a medical director at a correc...

Serving Alcohol at a Company Party? Be Careful!

November 30, 2009
Now is the time to eat, drink and be merry. But, office holiday parties can create dilemmas for employers. Keith Clouse, a Dallas employment law attorney, provides the following guidance for employers who want to bypass problems: • Host an alcohol-free party, such as a family event or a charity service project. • Limit alcohol consumption by providing only two drink vouche...

Timing Matters in a Workplace Retaliation Case, says Dallas Employment Lawyer

November 18, 2009
Federal and state laws forbid an employer from retaliating against an employee by treating the employee adversely simply because the employee complained about workplace discrimination. A retaliation claim often turns on circumstantial proof; one such element of proof a court may consider is the timing between the employee’s complaint of discrimination and the adverse action the employee a...

Dallas Employment Lawyer Educates - Waiving Federal Age Discrimination Claims in a Severance Agreement

November 18, 2009
In tough economic times, employers may ask certain employees to take early retirement packages.  Oftentimes such a package contains a waiver whereby an employee releases any claims the employee may have against the employer. But if an employer seeks a waiver of a possible age claim, the employer must comply with the specific requirements for waivers of claims arising under the federal Age ...

Fifth Circuit Court of Appeals Affirms Summary Judgment for an Employer in a Hostile Work Environment Case

November 09, 2009
The Fifth Circuit Court of Appeals recently upheld summary judgment for an employer in a hostile work environment and retaliation case. Stewart v. Miss. Transp. Comm’n, No. 08-60747 (5th Cir. Oct. 21, 2009), available at http://www.ca5.uscourts.gov/opinions/pub/08/08-60747-CV0.wpd.pdf.  The plaintiff complained to her employer that her supervisor harassed her.  Following an inve...

Dallas Employment Lawyer Keith Clouse Discusses the Recent Settlement in a Lawsuit Over a Non-Compete Agreement

November 09, 2009
Recent news articles covered the lawsuit brought by Starbucks to enforce a non-compete agreement against a former Starbucks executive who is now employed by Dunkin’ Donuts.  The parties settled the dispute and, according to news reports, Starbucks will be paid $500,000 and the executive will not actively work for his new employer until January 15, 2010. Although settlement terms are...

Fifth Circuit Finds No Same-Sex Harassment in Employment Case

November 03, 2009
The Fifth Circuit Court of Appeals recently upheld summary judgment for an employer in a same-sex sexual harassment and retaliation matter.  Love v. Motiva Enters. LLC, No. 08-30996 (5th Cir. Oct. 16, 2009), available at http://www.ca5.uscourts.gov/opinions/unpub/08/08-30996.0.wpd.pdf.  To prove same-sex sexual harassment, a plaintiff must: (1) show the harasser made explicit or impl...

Is an Oral Employment Agreement Valid in Texas?

November 03, 2009
Is an oral employment agreement valid in Texas?  It depends.  Most employment contracts are committed to written form, but some employers and employees agree to employment terms during a face-to-face meeting.  These “handshake” deals can be problematic if one party fails to fully perform its obligations. Just as with a written contract, a party can sue to collect dam...

Dallas Employment Lawyer Keith Clouse Explains How an Employment-Related Lawsuit Unfolds

October 27, 2009
Unfortunately, not all employment relationships end well; some end up at the courthouse.  Dallas employment lawyer Keith Clouse explains what happens next. A lawsuit is typically filed by a former employee, and the defendant company must then answer it within the required timeframe. At that point, the parties will begin the discovery process, whereby each side gathers information about th...

Should Employers Ban Employee Cell Phone Use While Driving? Dallas employment lawyer Keith Clouse discusses

October 27, 2009
President Barack Obama recently signed an executive order banning federal employees from texting while driving. The order covers both federal employees who use government-provided cars or cell phones and federal employees who use their own cell phones and cars to conduct government business. Should private employers follow suit? While cell phones increase employee accessibility, studies consis...