TADC EMPLOYMENT LAW NEWSLETTER -- Spring 2009
R. Edward Perkins, Editor
Jaime Lopez, Assistant Editor
Sheehy, Ware & Pappas, P.C. -- Houston, Texas
I. Texas Supreme Court Decisions.
Proof of Discriminatory Intent - In order for a statement or remark to serve as evidence of discrimination, it must be related to the employee's protected class; close in time to the employment decision; made by an individual with authority over the decision; ...
Submitted on
20-May-09 9:00 AM
by Ed Perkins
Emerging Trends In Non-
Compete Agreements:
A Light Decision
By R. Edward Perkins and
Steven O. Grubbs
For a number of years, at-will employers in Texas struggled to satisfy certain covenant not to compete requirements created by Light v. Centel Cellular Co. of Texas, 883 S.W.2d 642 (Tex. 1994). In particular, employers grappled with the issue of whether a promise to provide confidential information to an at-will employee was sufficient ...
Submitted on
4-Mar-09 7:00 AM
by Ed Perkins
TADC EMPLOYMENT LAW NEWSLETTER -- Spring 2008
R. Edward Perkins, Editor
Nicole S. Muendelein, Assistant Editor
William H. Whitaker, Assistant Editor
Sheehy, Serpe & Ware, P.C. -- Houston, Texas
I. Texas Supreme Court Decisions.
Texas Whistleblower Act - In order for a personnel action to be "adverse," the action must likely deter a reasonable, similarly situated employee from reporting a violation of the law.
In ...
Submitted on
23-Jul-08 2:00 PM
by Ed Perkins
TADC EMPLOYMENT LAW NEWSLETTER -- FALL 2007
R. Edward Perkins, Editor
William Whitaker, Assistant Editor
Sheehy Serpe & Ware, P.C. -- Houston, Texas
I. TEXAS SUPREME COURT DECISIONS.
A. FORUM SELECTION CLAUSES - Generally Honored in
Employment Contracts.
In the case of In re AutoNation, Inc., 228 S.W.3d 663 (Tex. 2007), Garrick Hatfield signed a "Confidentiality, No-Solicitation/No-Hire and Non-Compete ...
Submitted on
1-Nov-07 10:00 AM
by R. Edward Perkins
TADC EMPLOYMENT LAW NEWSLETTER -- Spring 2007
R. Edward Perkins, Editor
Chris M. Knudsen, Assistant Editor
Benjamin C. Connally, Assistant Editor
William H. Whitaker, Assistant Editor
Sheehy, Serpe & Ware, P.C. -- Houston, Texas
I. TEXAS SUPREME COURT DECISIONS.
A. Covenants Not To Compete - An At-Will Employee's Covenant Not To Compete Becomes Enforceable When The Employer Performs The Promises It Made In Exchange For The ...
Submitted on
7-May-07 7:00 AM
by R. Edward Perkins
TADC EMPLOYMENT LAW NEWSLETTER
Fall 2006
R. Edward Perkins, Editor
Ben Connally, Assistant Editor
Tamara Ruen, Assistant Editor
Sheehy Serpe & Ware, P.C. -- Houston, TX
INTRODUCTION
This newsletter summarizes and analyzes the most significant cases impacting the employment law practice since the Spring of 2006. While it is not a comprehensive digest of every case involving employment law during this period or of every holding in the ...
Submitted on
25-Mar-07 9:00 AM
by R. Edward Perkins
TADC EMPLOYMENT LAW NEWSLETTER -- Spring 2006
R. Edward Perkins, Editor
Adam Robison, Assistant Editor
Tamara Ruen, Assistant Editor
Sheehy, Serpe & Ware, P.C. -- Houston, Texas
I. TEXAS SUPREME COURT DECISIONS
A. At-Will Employment
In Matagorda County Hospital District v. Burwell, 49 Tex. Sup. Ct. J. 370 (February 24, 2006), Christine Burwell sued Matagorda County Hospital District for breach of contract and age discrimination after it terminated ...
Submitted on
21-Mar-07 9:00 AM
by Ed Perkins
tadc employment law newsletter -- fall 2005
R. Edward Perkins, Editor
Benjamin C. Connally, Assistant Editor
Adam Robison, Assistant Editor
Chris M. Knudsen, Assistant Editor
Sheehy Serpe & Ware, P.C. - Houston, Texas
I. TEXAS SUPREME COURT DECISIONS
A. Retaliatory Discharge - Sufficiency Of The Evidence
In Haggar Clothing Co. v. Hernandez, 164 S.W.3d 386 (Tex. 2005), Altagracia ...
Submitted on
23-Jan-07 9:00 AM
by R. Edward Perkins
TADC EMPLOYMENT LAW NEWSLETTER -- SPRING 2005
R. Edward Perkins, Editor
Benjamin C. Connally, Assistant Editor
Adam Robison, Assistant Editor
Chris M. Knudsen, Assistant Editor
Sheehy Serpe & Ware, P.C. -- Houston, Texas
I. United States Supreme Court
A. The United States Supreme Court holds that "disparate impact" cases are available under the Age Discrimination in Employment Act Of 1967, with exceptions. ...
Submitted on
18-Jan-07 8:00 AM
by R. Edward Perkins
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Submitted on
8-Dec-06 9:00 AM
by R. Edward Perkins
TADC EMPLOYMENT LAW NEWSLETTER -- Spring 2002
R. Edward Perkins, Editor
Sheehy, Serpe & Ware, P.C. -- Houston, Texas
1. UNITED STATES SUPREME COURT OPINIONS
Court holds that penalty provision providing for an additional 12 weeks of FMLA leave is invalid.
In Ragsdale v. Wolverine World Wide, Inc., ____ U.S. ____, 122 S. Ct. 1155, 1159, ____ L. Ed. 2d ____ (2002), Tracy Ragsdale ("Ragsdale") began working at a ...
Submitted on
5-Dec-06 2:00 PM
by Ed Perkins