Texas Employment Law Articles http://www.elinfonet.com/starticles/44 Articles discussing workplace law in Texas. Fri, 25 May 2012 05:05:27 EST en-us Why is Texas No. 1 in discrimination charges filed with the EEOC? http://www.elinfonet.com/newscount.php?stateID=4031 Article: 4031 Tue, 22 May 2012 00:00:00 EST webmaster@elinfonet.com (Employment Law Information Network) To paraphrase the title of Megadeth's debut album, “Killing Is My Business . . . And Business Is Good”: Discrimination is my business, and business is good. "Punitive Damages Gone Wild" -- Safeshred Inc. v. Martinez http://www.elinfonet.com/newscount.php?stateID=4003 Article: 4003 Mon, 30 Apr 2012 00:00:00 EST webmaster@elinfonet.com (Employment Law Information Network) On April 20, the Texas Supreme Court held 9-0 in Safeshred Inc. v. Martinez that a plaintiff in a Sabine Pilot case (where an employee is terminated for refusing to perform an act that would land him in jail) can recover punitive damages; however the plaintiff in Safeshred did not establish sufficient evidence to recover punitive damages. In doing so, the court reversed the Austin court of appeals' decision to let the plaintiff keep the punitive damages award. Texas Supreme Court Confirms Punitive Damages in Sabine Pilot Cases http://www.elinfonet.com/newscount.php?stateID=3997 Article: 3997 Mon, 23 Apr 2012 00:00:00 EST webmaster@elinfonet.com (Employment Law Information Network) Revisiting the only public policy exception to the employment at will rule in Texas, the Supreme Court today holds that a plaintiff who prevails can recover punitive damages in a Sabine Pilot case if he or she can establish the appropriate level of malice. Safeshred v. Martinez (Tx 4.20.12). Texas Supreme Court Enforces Jury Waiver Agreement http://www.elinfonet.com/newscount.php?stateID=3956 Article: 3956 Tue, 27 Mar 2012 00:00:00 EST webmaster@elinfonet.com (Employment Law Information Network) The Texas Supreme Court recently held that a jury waiver agreement between an employer and an at-will employee is enforceable. Jury Waivers Treated Same As Arbitration Agreements by Texas Supreme Court http://www.elinfonet.com/newscount.php?stateID=3941 Article: 3941 Mon, 12 Mar 2012 00:00:00 EST webmaster@elinfonet.com (Employment Law Information Network) I would have been surprised if the decision went the other way, but today the Texas Supreme Court affirmed that an at will employee who signed a jury waiver agreement rather than be terminated was not entitled to have it set aside because he was coerced. In re Frank Kent Motor Company (Tx. 3.9.12). Texas Legislative Round-Up http://www.elinfonet.com/newscount.php?stateID=3631 Article: 3631 Fri, 02 Sep 2011 00:00:00 EST webmaster@elinfonet.com (Employment Law Information Network) The 82nd session of the Texas legislature resulted in several new laws affecting employers. We summarize the more noteworthy legislation in this article. All laws are effective September 1, 2011, unless otherwise noted. Don't Mess With Noncompetes In Texas http://www.elinfonet.com/newscount.php?stateID=3585 Article: 3585 Tue, 26 Jul 2011 00:00:00 EST webmaster@elinfonet.com (Employment Law Information Network) Taking another step toward easier enforceability of noncompete agreements and away from its own decisions interpreting the Texas Covenants Not to Compete Act, the Texas Supreme Court ruled in Marsh USA Inc. v. Cook that a noncompete covenant contained in a stock option purchase plan was enforceable. Texas Supreme Court Upholds Non-Compete Agreement Made by Existing Employee http://www.elinfonet.com/newscount.php?stateID=3562 Article: 3562 Mon, 11 Jul 2011 00:00:00 EST webmaster@elinfonet.com (Employment Law Information Network) The Texas Supreme Court has determined that, under the Texas Covenants Not to Compete Act, a covenant not to compete signed by a current employee in consideration for stock options is not unenforceable as a matter of law. The Court found the consideration is reasonably related to the company’s interest in protecting its goodwill, a business interest the Act recognizes as worthy of protection. New Texas Non-Compete Decision Marks Further Shift Towards Enforceable Non-Compete Agreements http://www.elinfonet.com/newscount.php?stateID=3536 Article: 3536 Fri, 01 Jul 2011 00:00:00 EST webmaster@elinfonet.com (Employment Law Information Network) In its latest foray into non-compete jurisprudence, the Texas Supreme Court this week made it easier for employers seeking to restrict key employees from competing post-employment. In Marsh USA Inc. v. Cook, the Court held that a non-compete covenant contained in a stock option purchase plan was enforceable. The Door Continues to Close on Light: Texas Supreme Court Holds Stock Options Award to Valuable Employee Provides Necessary "Nexus" to Protection of Company's Goodwill http://www.elinfonet.com/newscount.php?stateID=3531 Article: 3531 Wed, 29 Jun 2011 00:00:00 EST webmaster@elinfonet.com (Employment Law Information Network) In 2006 and again in 2009, the Texas Supreme Court significantly departed from its 1994 decision in Light v. Centel Cellular Co., a case that confounded employers, practitioners, and courts for years with its highly technical and largely impractical interpretations of the Texas Covenant Not to Compete Act (TEX. BUS. & COM. CODE § 15.50 et seq.) ("the Act").