Credit managers are generally familiar with the "ordinary course of business" and "new value" defenses, which receive the predominant amount of attention in print and case authority. However, the ordinary business terms defense can be just as effective […]
In 2012, the Texas Supreme Court rendered an important decision that has the potential to expand an employer's liability for wrongful termination of employees in Texas. Texas is an at-will employment state where employers have the ability to terminate […]
The first step related to investigating a complaint of harassment is to determine who should undertake the investigation. The person selected to conduct the investigation should be credible, empathetic yet firm, in a neutral position, familiar with […]
A young female employee walks into the office of the Director of Human Resources and states that her older, male supervisor recently made inappropriate sexual remark to her. What does the company do now? The employer should immediately develop a […]
One of the most frequently litigated areas in Texas is the utilization or dissemination of trade secrets by a departing employee. There are two basic scenarios. One is where the employee actually took with him certain confidential information of […]
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 […]
As with initial application, a staff person can draft the answers, gather the attachments, and actually submit the reapplication. But the physician must make sure that the application is wholly accurate and complete before signing. Don’t allow staff […]
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 […]