Texas Employment Law Issue: Withholding an Employee’s Final Paycheck

/cdklawyers.com// 04/12/2012 Unfortunately, when an employer fires an employee, not all loose ends can be addressed at the termination meeting. So, can an employer withhold the terminated employee’s final paycheck until the employee addresses the employer’s concerns? For example, can an employer tell the terminated employee that she will get her final paycheck if and […]

Texas Supreme Court Addresses Jury Trial Waiver in an Employment Law Matter

/cdklawyers.com// 03/16/2012 The Texas Supreme Court recently held that a threat to fire an at-will employee for refusing to sign a jury waiver does not amount to coercion that would invalidate the jury waiver agreement. In re Frank Kent Motor Co., No. 10-0687 (Tex. March 9, 2012), available at http://www.supreme.courts.state.tx.us/historical/2012/mar/100687.pdf.   The at-will employee had […]

Texas Supreme Court Rules on Workers’ Compensation Coverage Issue

/cdklawyers.com// 02/10/2012 The Texas Supreme Court recently ruled on a workers’ compensation coverage issue. Port Elevator-Brownsville, L.L.C. v. Casados, No. 10-0523 (Tex. Jan. 27, 2012), available at http://www.supreme.courts.state.tx.us/historical/2012/jan/100523.pdf. The plaintiffs’ son suffered a fatal work-related injury while working as a temporary worker for Port Elevator. The plaintiffs did not seek workers’ compensation benefits from Port […]

It’s the Season: Time Off for Holidays in Texas

/cdklawyers.com// 11/19/2011 With the holidays rapidly approaching, employers and employees alike may be asking questions about holiday pay and time off for special days. Although many employers offer paid holidays to their employees as a benefit, no Texas or federal law actually mandates that employees be paid for taking time off to celebrate a holiday. […]

Receiving a Dismissal Notice from the EEOC

/cdklawyers.com// 10/11/2010 Employees and former employees may file charges with the Equal Employment Opportunity Commission regarding workplace discrimination and/or retaliation.  If the parties decline to mediate their dispute, the EEOC will investigate the matter to determine whether a violation of employment law occurred.  If the EEOC is unable to determine that a violation occurred, it […]

Texas Employers and Employees May Waive Their Rights to a Jury Trial

/cdklawyers.com// 10/08/2010 In Texas, employers and employees can contractually waive the right to a trial by jury by including a jury waiver provision in a contract that governs their relationship.  Then, instead of a jury determining the outcome of any lawsuit arising from the employment relationship, a judge would hear the testimony and act as […]

United States Supreme Court Rules on Arbitration Agreement Issue in Employment Law Matter

/cdklawyers.com// 07/03/2010 The United States Supreme Court recently ruled on an arbitration agreement issue in the employment context.  Rent-A-Center, West, Inc. v. Jackson, No. 09-497, __ U.S. __ (June 21, 2010), available at http://www.supremecourt.gov/opinions/09pdf/09-497.pdf.  Jackson sued Rent-A-Center for employment discrimination.  Rent-A-Center filed a motion to compel arbitration.  The district court granted Rent-A-Center’s motion.  On appeal […]

Employees and Employers Should Properly Amend Employment Agreements

/cdklawyers.com// 06/13/2010 An employer and a key employee may negotiate an employment agreement at the outset of their employment relationship.  But sometimes the deal that the two parties initially negotiate ceases to be the deal the parties later desire.    When both parties want to change the terms of their agreement, they may be tempted to […]

United States Supreme Court Issues Employment Law Decision

/cdklawyers.com// 06/11/2010 Recently the United States Supreme Court unanimously ruled on an employment matter.  Lewis v. City of Chicago, No. 08-974, __ U.S. __ (May 24, 2010), available at http://www.supremecourt.gov/opinions/09pdf/08-974.pdf.  The Court held that a plaintiff who failed to file a timely charge of discrimination challenging the adoption of a discriminatory practice could still assert […]