Article 15 of the Texas Business and Commerce Code is generally referred to as the Covenants Not to Compete Act. The Act has governed covenants not to compete in Texas for over 20 years now. However, a few opinions issued by the Texas Supreme Court […]
There is a nasty rumor going around. The rumor is that in Texas, non-compete agreements are not enforceable. Believing this rumor could get employees and those companies that hire employees with non-compete agreements in hot water. The truth […]
Cadle Co. sued James Moore, Brunswick Homes and others in state court alleging that Moore used Brunswick to shield assets and to avoid paying debts to Cadle. The causes of action included a state-law fraudulent transfer action. Moore subsequently […]
While retaliation claims in employment matters were initially just tacked onto underlying discrimination claims, they are often the more challenging claims to overcome. The Society for Human Resource Management reported that 2010 marked the first year […]
Texas is an employment at-will state. Therefore, you would think that terminating an employee in Texas should be an easy proposition. After all, you can terminate an employee for any reason, or no reason, as long as you are not doing so for an improper […]
When a company files bankruptcy, trade creditors are frequently left in financially vulnerable positions. Trade creditors are generally unsecured, and frequently receive only pennies on the dollar from bankrupt debtors' estates. We are frequently […]
It's every employer’s nightmare. Your star salesperson has left the company and started working for a competitor. It gets worse; your IT department confirms that the sales person took the company's confidential information with them. Employers […]
Creditors face any number of perils when an account debtor files for bankruptcy – loss of sales, likely risk of collection of amounts owed, legal fees and more. One more challenge a creditor might encounter is a possibility the now-bankrupt debtor […]
The difficult economic circumstances of the last few years have affected employer/employee relationships in a number of different ways. One of these effects has been that fewer employees changed jobs. During a period of high unemployment, […]