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.

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Fifth Circuit Court of Appeals Upholds Summary Judgment for Employer

September 14, 2009
The Fifth Circuit Court of Appeals recently upheld summary judgment for an employer in a race discrimination matter.  Floyd v. Amite County Sch. Dist., No. 08-60799 (5th Cir. Aug. 27, 2009), available at http://www.ca5.uscourts.gov/opinions%5Cpub%5C08/08-60799-CV0.wpd.pdf.  Charles Floyd, an African-American, worked as a track coach and principal at a school with a predominantly black...

Changes to the Family and Medical Leave Act Impact Employers

September 14, 2009
Recent changes to the Family and Medical Leave Act expand the circumstances under which an employee may be entitled to FMLA leave. Employers must be aware of these changes, communicate the changes to employees, and update employee handbooks to reflect the current law. The revisions allow leave to be taken under two additional circumstances.  First, an employee is now allowed to take u...

Caution Employees to Avoid Sending "Smoking Gun" E-mails

September 08, 2009
In today’s litigation, “smoking gun” evidence often takes the form of an e-mail.  Employees at all levels fire off e-mails without giving much thought to the potential consequences.  But, notes employment law attorney Keith Clouse, “smoking gun” e-mails can lose lawsuits.  Employees often treat e-mail as an electronic form of conversation rather tha...

Houston, Texas Court of Appeals Rules for Employer in Non-Compete Matter

September 08, 2009
A Houston court recently ruled for an employer in a non-compete agreement case.  Gallagher Healthcare Ins. Servs. v. Vogelsang, No. 01-07-00478-CV (Tex. App—Houston [1st Dist.] August 21, 2009, available at http://www.1stcoa.Courts.state.tx.us/opinions/ PDFOpinion.asp?OpinionId=86957.  Gallagher employee Vogelsang agreed not to compete with the company upon leaving. She later be...

Non-Compete Agreements Binding Physicians Must Meet Additional Requirements

August 31, 2009
In order to bind an employee to a covenant not to compete, a Texas employer must comply with the state’s Covenant Not to Compete Act.  Keith Clouse, a Dallas employment law attorney who regularly advises doctors, notes that special requirements apply if the covenant not to compete is to be enforced against a physician.  A non-compete agreement with a doctor must:• Not ...

Federal Court in Dallas, Texas Grants Summary Judgment for an Employer

August 31, 2009
A United States District Court for the Northern District of Texas recently granted summary judgment to an employer in an age discrimination claim.  Bell v. Raytheon Co., No. 3:08-CV-0702-G (N.D. Tex. July 31, 2009), available at https://ecf.txnd.uscourts.gov/cgi-bin/show_public_doc?2008cv0702-101.  Three employees of Raytheon alleged the company discriminated against them by denying o...

Fifth Circuit Court of Appeals Gives Plaintiff a Chance to Prove Race Discrimination

August 24, 2009
The Fifth Circuit Court of Appeals recently reversed summary judgment on a race discrimination claim.  Lee v. Kansas City S. Ry. Co., No. 08-30444 (5th Cir. June 30, 2009), available at http://www.ca5.uscourts.gov/opinions/pub/08/08-30444-CV0.wpd.pdf.  Marcus Lee, an African-American train engineer, sued his former employer for race-based employment discrimination and retaliatory disc...

Dallas Employment Lawyer Keith Clouse Advises Doctors to Seek Counsel Before Signing Non-Compete Agreement

August 24, 2009
A medical practice may require a doctor to sign an employment contract that contains a covenant not to compete, thereby restricting the doctor’s ability to work elsewhere after employment with the contracting medical practice ends. Unfortunately, many doctors sign employment agreements with harsh non-compete covenants, either under the misimpression that these provisions are not enforceab...

Texas Court Upholds Summary Judgment for Employer in Wrongful Termination Suit

August 17, 2009
A Texas appellate court affirmed summary judgment for an employer in a wrongful termination suit.  Marx v. Electronic Data Sys. Corp., No. 07-08-0022-CV (Tex. App.—Amarillo June 30, 2009), available at http://www.7thcoa.courts.state.tx.us/opinions/htmlopinion.asp?OpinionId=13365.  Ronald Marx alleged that he was forced to leave EDS after the company made job conditions difficult...

Employers Should Document Employees' Shortcomings in Discipline Reports

August 17, 2009
Many supervisors dislike writing discipline reports; some believe these reports are a waste of time. Yet, as Dallas employment law attorney Keith Clouse explains, documenting an employee’s shortcomings serves multiple purposes.  First, a discipline report can assist an employee in focusing on and improving problem areas.  Second, a discipline report can provide a precise acco...