Employment

Wrongful Discharge Related to COVID-19

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With stay-at-home orders and business closings, the coronavirus pandemic has disrupted the workforce in ways that most have not experienced in their lifetimes. Many companies have been forced to make difficult decisions, while employees are left frightened, confused, and unsure of their legal rights. The experienced employment litigation attorneys at Shaw Cowart LLC have extensive …

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What To Do after an Oilfield Injury

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Working at an oilfield is a dangerous job. There’s no question about it. While you accept a certain level of risk as part of this employment, that doesn’t mean you should be hung out to dry if you suffered a serious physical injury. You may be owed workers’ compensation benefits or additional compensation for the …

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Prerequisites Necessary for Bringing an Employment Dispute to Court

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The area of employment law is made up of a myriad of type of claims (discrimination, harassment, worker’s compensation, whistleblower claims, etc.) and often a maze of federal, state and local statutes along with any governing law. Often, employees have to satisfy prerequisites prior to taking their case to court and their failure to do …

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What Information Can an Employee Take When They Leave a Company?

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Austin, Texas attorney John Cowart addresses a question about what an employee can take when he or she leaves the company. In many cases, this question is governed by an employment agreement or a non-disclosure agreement. If you are an employee  considering leaving your current employment or if your company is concerned about an employee …

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When You Discover Your Company Doesn’t Have the Insurance Coverage You Expected

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Failing to get the appropriate coverage for a client is a serious error and one of the most common reasons why insurance agents get sued, accounting for about 24 percent of errors and omissions policy claims according to Insureon, a leading specialty insurance broker. Industry statistics reveal insurance agents do make mistakes and the result is 14 …

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3 Keys to Enforcing Executive Non-Compete Agreements in Texas: Part II

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This is the second of two posts discussing the enforceability of executive non-compete agreements in Texas. In Part I, we discussed the basics of a non-compete agreement as well as the first prong of Texas’s two-part analysis to determine their enforceability. In this second part of the analysis, we will see how Texas courts evaluate …

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3 Keys to Enforcing Executive Non-Compete Agreements in Texas: Part I

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This is the first of two posts that will discuss the enforceability of executive non-compete agreements in Texas. What are Executive Non-Compete Agreements? Non-compete agreements, also called “restrictive covenants,” are contract provisions through which an employee agrees not to work in a similar trade in competition with an employer, usually in a particular geographical area …

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What To Do When Sensitive Internal Company Information Is Sent To Personal Email Addresses

Steps a Company should take, including general advice about conducting an investigation Imagine that one of your supervisors discovers that thousands of pages of confidential Company billing and financial information has been downloaded, and e-mailed to a personal e-mail address. Upon further investigation, your supervisor has discovered that an employee has asked other employees to …

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Employers May Establish Non-Calendar Workweeks Which Limit Overtime Pay

In Johnson v. Heckmann Water Resources (CVR), Inc., the U.S. Fifth Circuit Court of Appeals upheld a ruling by a federal district court in Texas which summarily denied a suit by employees alleging that their former employers violated the Federal Fair Labor Standards Act’s overtime wage requirements. The appeals court determined that an employer’s workweek …

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