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.



Fifth Circuit Court of Appeals Rules for Insured in ERISA Matter

October 19, 2009
The Fifth Circuit Court of Appeals recently found that an insurance company abused its discretion in denying an insured disability benefits.  Alexander v. Hartford Life & Acc. Ins. Co., No. 09-10072 (5th Cir. Oct. 5, 2009), available at http://www.ca5.uscourts.gov/opinions/unpub/09/09-10072.0.wpd.pdf.  Alexander contended that she was unable to perform her job because of severe p...

Can an Employer Withhold Funds from an Employee's Paycheck?

October 19, 2009
An employer may wish to withhold funds from an employee’s paycheck to cover expenses associated with equipment damaged by the employee or cash shortages in a cash register manned by the employee.  But can an employer do so?  Yes and no, depending on what jurisdiction the employee is in and whether the employer complied with any legal requirements.  For instance, in Califor...

The ADA Protects Workers Who Are Perceived to be Disabled

October 13, 2009
The Americans with Disabilities Act (the “ADA”) has recently been expanded with amendments made effective earlier this year. The ADA protects an individual from adverse actions taken by an employer because of the individual’s disability. In addition to protecting disabled workers, the ADA also protects individuals who are regarded as disabled by an employer, even if the indivi...

Some Employers Must Create Affirmative Action Plans

October 13, 2009
A company doing business with the federal government may be subject to certain requirements regarding equal employment opportunities.  Some government contractors must provide equal employment opportunities without regard to race, sex, color, religion, national origin, disability, or the status of a veteran and must take affirmative action: positive steps to recruit, hire, train, and promo...

Employers Should Dust Off Their Employee Handbooks

October 07, 2009
Many employers create employee handbooks and diligently hand them out to new employees, year after year. But, for several reasons, an employer must remember to periodically dust off its handbook and to review it with a critical eye.  First, as Dallas employment law attorney Keith Clouse cautions, changes in state and federal laws warrant new and updated policies.  For example, employ...

An Executive Who Plans to Resigns with "Good Reason" Should Consult with Counsel

October 07, 2009
Most high-level executives work pursuant to employment contracts.  These contracts usually include both a clause allowing the company to terminate the executive’s employment “for cause” and a clause allowing the executive to resign “for good reason.” A typical employment agreement may define “good reason” to include: a significant change in the nat...

Doctors Moving to Texas Should Consider Differences in State Non-Compete Laws

September 28, 2009
Many physicians cross state lines for better job opportunities.  These doctors often enter into employment agreements that contain non-compete covenants.  A non-compete covenant restricts a physician’s ability to practice medicine within a certain area for a set time period following termination of an employment agreement.  Keith Clouse, a Dallas employment law attorney who...

Dallas employment lawyer educates - What Are Trade Secrets?

September 28, 2009
Many non-compete and non-solicitation agreements require an employee to protect the employer’s “trade secrets.”  But, what exactly are trade secrets? A trade secret is a formula, pattern, device, or compilation of information used in business that gives the owner a chance to obtain an advantage over competitors who do not know or use the trade secret. To determine if inf...

Employers, Fall Flu Season is Here

September 21, 2009
While the H1N1 swine flu seemed to retreat during the summer months, it has reappeared this fall.  The United States Department of Health and Human Services has issued updated guidance for businesses and employers at http://www.cdc.gov/h1n1flu/business/guidance/.  Employers should review this guidance and be ready to enact programs and policies to prevent widespread illness while main...

Employers Must Be Aware of "Presenteeism"

September 21, 2009
Not only does autumn bring with it colds and allergens, but this year it brings a resurgence of the swine flu, forcing more employees to miss work for health-related reasons. While all employers are aware of the costs associated with employee absenteeism, Keith Clouse, a Dallas employment law attorney, cautions employers to also be aware of “presenteeism”—the hidden costs and ...