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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Division of Workers’ Compensation, Explained by Dallas Employment Lawyer

March 16, 2015
The Texas Supreme Court recently concluded that the Workers’ Compensation Act requires all claims regarding the investigation, handling, and settling of a workers’ compensation claim to be brought in an administrative proceeding before the Division of Workers’ Compensation. The case brings attention to Texas’s workers’ compensation system. Many Texans, perhaps hoping that they do not need to av...

Texas Supreme Court Rules in Workers’ Compensation Matter

March 16, 2015
The Texas Supreme Court recently ruled in a case involving workers’ compensation benefits. In re Crawford & Co., No. 14-0256 (Tex. Feb. 27, 2015), available at http://www.txcourts.gov/media/872913/140256.pdf. An employee suffered on-the-job injuries and began receiving lifetime workers’ compensation benefits. Disputes over those benefits arose, however, and the employee and his wife filed a law...

“Spouse” to Include Same-Sex Spouse Under FMLA

March 09, 2015
The Family and Medical Leave Act’s definition of “spouse” will change as of March 27, 2015 to include all same-sex spouses. This change follows the United States Supreme Court’s landmark decision that struck the federal Defense of Marriage Act’s provision that excluded recognition of same-sex marriages by the federal government.Under the FMLA, an eligible employee may take protected leave to ca...

Start-Up Company Concern: When Do You Need an Employment Lawyer?

March 02, 2015
Start-up companies operate leanly and typically resist spending money on any “unnecessary” expenses. But, Dallas employment law specialist Keith Clouse believes a start-up company must use its resources to hire an employment lawyer when:1. The company gets sued by a former employee or by a competitor and the claims involve employment law issues. This is the key time that a business needs profes...

Start-Up Company Issue: Do You Need a Full-Time HR Manager?

March 01, 2015
At some point, a start-up company crosses the line between a struggling operation to a full-fledged business. When that happens, the company likely needs to hire a full-time human resources manager. Dallas employment lawyer Keith Clouse suggests a company hire a human resources manager when:• The company employs close to 50 employees. Once a company employs 50 individuals, certain complex laws,...

Contesting the Right to Unemployment Benefits

February 22, 2015
In Texas, an employer may contest a former employee’s right to unemployment benefits. Dallas employment lawyer Keith Clouse maintains, however, that in most situations an employer should not do so. In many instances, such as a lay-off or a termination based on “fit,” an employer has no grounds to challenge the individual’s right to benefits. But, even when an employer does have proper grounds, ...

Mediating When There’s “No Chance” of Settlement

February 22, 2015
Judges usually encourage litigants to mediate their cases, even when it appears there’s no chance of settlement. Why? Dallas employment law mediator Keith Clouse explains the potential benefits of a mediation that does not settle at the mediator’s office.1. Litigants can be heard and can hear. Because many employment law cases feel personal in a way that other business disputes do not, a litiga...

What Constitutes Direct Evidence of Discrimination?

February 15, 2015
Many discrimination cases involve indirect evidence of discrimination, but a plaintiff may also prove a discrimination case with direct evidence of discriminatory comments. These discrimination cases turn on whether the comments constitute evidence of discrimination or are simply “stray remarks.” A stray remark is an inappropriate comment that is made in the workplace but one that is not typica...

Fifth Circuit Rules in a Color Discrimination Case

February 15, 2015
The Fifth Circuit Court of Appeals recently reversed a lower court’s grant of summary judgment to an employer in a race and color discrimination case. Etienne v. Spanish Lake Truck & Casino Plaza, L.L.C., No. 14-30026 (5th Cir. Feb. 2, 2015), available at http://www.ca5.uscourts.gov/opinions/pub/14/14-30026-CV0.pdf. When the plaintiff was not promoted to a managerial position, she sued. She su...

Dallas Mediator: How to Close the Deal

February 08, 2015
In addition to representing his own clients in mediations, Dallas employment lawyer Keith Clouse also mediates employment law disputes on behalf of other parties. Here, he offers five tips that will help close a deal at a mediation.1. Participate in good faith. Know that you will have to be flexible on certain mediation points.2. Provide the mediator with all the information he needs, but do no...