The decision in Drennen v. Exxon Mobil Corp., No. 14-10-01099-CV (Tex.App.-Houston [14th Dist.] Feb. 14, 2012) serves as a reminder that forfeiture agreements, treated as a covenant not to compete, must meet reasonable standards to be enforceable under Texas law.
Our client recently hired a sales manager who used to work for a competitor. The competitor immediately sued, claiming that our client had misappropriated a number of trade secrets when it hired the new employee. Here's how we got the case dismissed.
Your company just received a Notice of Charge of Discrimination from the Equal Employment Opportunity Commission ("EEOC") or Texas Workforce Commission Civil Rights Division ("TWC"). The agency will ask for a position statement from the employer, which it will consider during its investigation. The next round of communications will be very important, especially if the employee decides to file suit after the investigation.
No employment relationship lasts forever, and sometimes even productive employees are let go for legitimate business reasons. If the employee has complained of discrimination in the past, however, the company runs the risk of a claim that it retaliated against the employee for an earlier complaint. How long should a company wait to terminate a complaining employee for legitimate business reasons?
Can the trial court reform a covenant not to compete before it sends the case to arbitration?
Sexual harassment cases can be difficult. In addition to the stress and emotional costs to everyone involved, the financial risk to the company can be incredibly high. Here are some things we look at to determine the chance of getting the case dismissed before trial.