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Law Articles

Employment Law Articles

Sexual Harassment and Wrongful Termination Mediation
I cannot imagine placing what is, in essence, my life in more capable hands.

By a client of Robert E. Goodman, Jr., Esquire, Kilgore + Kilgore

As the screams of rage fade to whispers of memory, I can finally begin to heal. Thank you for restoring my dignity and giving me the confidence to assume mastery over my own destiny. I cannot imagine placing what is in essence my life in more capable hands... Read this from the beginning

Nine Days – In 2012
by a Client of Robert E. Goodman, Jr., Esquire, Kilgore & Kilgore PLLC

Bob Goodman represented a woman in an employment law dispute involving a hostile work environment problem that was concluded successfully to her advantage. This article discusses, in the client's own words, that experience and... Read More

Defining the Perimeters of the No-Contact Rule
published by Kilgore Law

The no contact rule is most misunderstood. It is designed to protect corporate and governmental entities from undue interference with the attorney-client relationship, and to facilitate... Read More

Employment Law and Drone Surveillance: What We Have to Look Forward To Fiction
by Bob Goodman, Esquire, of Kilgore & Kilgore PLLC

The heaviest requirements were, in fact, imposed when a drone to follow the employee home was at issue. The Supreme Court had imposed a... Read More

Wrongful Termination Mediation
by a Kilgore Law Client

In 2011, Bob Goodman represented a woman in a wrongful discharge mediation that was concluded successfully to her advantage. This article discusses, in the client's own words, that experience and... Read More

There's a Hole in USERRA, Will Texas Fill It?
by Bob Goodman, Esquire, of Kilgore Law

Since 1994, Congress has prohibited discrimination against active servicemembers and veterans of the armed services, in USERRA, which outlawed... Read More

Substantive FMLA Employee Rights Claims: Common Errors in Implementation
published by Kilgore Law

The FMLA contains many rules that employers must follow. In this article are examples of errors that employers commonly make when... Read More

Sexual Harassment in the Workplace
by D. Elizabeth Masterson Mattei, Esquire, of Kilgore & Kilgore PLLC

Sexual harassment can be experienced at work in many different ways. Read this article to find out how sexual harassment is defined in legal terms and what to do about... Read More

Whistleblower Protection Beefed Up by Dodd-Frank Additions
by Ted Anderson, Esquire, Esquire, Managing Director of Kilgore Law

In 2012, Dodd-Frank has strengthened the hands of whistleblowers by providing significant financial incentives and extra protection from employment retaliation by employers... Read More

Have You Been Illegally Terminated?
published by Kilgore & Kilgore PLLC

The definition of wrongful discharge is extremely narrow in Texas and New York because they are both right-to-work states. Many people feel they were unfairly treated when they lost their jobs. This article explains the legal facts of... Read More

The Rights and Obligations of Departing Executives
by Ted Anderson, Esquire, and Robert Behrendt, Esquire, of Kilgore Law
published in the Dallas Bar Association's Headnotes, August, 2006

Before executives leave a company for any reason, they should consider the common law and contractual duties they may owe the former company after they leave... Read More

Employment Law Articles continued...

Non-compete Agreement Enforceability Upheld in Texas
published by Kilgore Law

In a 2010 decision, the highest court in Texas again upheld the enforceability of a non-compete agreement. Many people believe non-compete agreements are unenforceable and, in fact, some states consider them... Read More

Anti-Hispanic Employment Discrimination Still Felt Around the Country
published by Kilgore & Kilgore PLLC

A recent survey performed by the Pew Hispanic Center (PHC) found that over 60 percent of Hispanics polled still feel that they are the victims of national origin bias... Read More

Consider the Taxes Due on Settlement Amounts When Negotiating Employment Lawsuit Settlements or Severance Package Negotiations
published by Kilgore Law

Every April, our collective stress level rises as we scramble to meet tax deadlines. Particularly tricky federal tax issues arise when an employee receives an employment lawsuit settlement or severance pay from leaving a job. Most are taxable as income, but subtleties in the law create some exceptions... Read More

What Employees Should Know About Arbitration Clauses in Employment Contracts
published by Kilgore & Kilgore PLLC

Included in many employment contracts is an agreement to resolve disputes between employer and employee through binding arbitration. But employees agreeing to resolve disputes through arbitration may be giving up important employee rights... Read More

Mandatory Arbitration Clauses in Employment Contracts Unfairly Deny Employee Rights

A mandatory arbitration clause requires an employee to give up the right to bring a lawsuit against the employer, including wrongful discharge, employment discrimination and sexual harassment... Read More

ADA Amendments Mean Employers Need to Be More Cautious
by Robert Behrendt, Esquire, Kilgore Law, published in Texas Lawyer Magazine, March 2009

The ADA Amendments Act of 2008 that was signed into law in September 2009 by President G. Bush became effective in 2009. As a result, employers took a more cautious approach in their employment practices and decisions and... Read More

Is Texas Handcuffed by Employment Non-Compete Contract Restrictions?
by Ted Anderson, Esquire, Managing Director of Kilgore Law

Too often, employees come to me with a dilemma. They lost their jobs, accepted modest one or two-month severances, and now have job offers from companies in competition with their former employers. So, I ask them if they have a non-compete agreement with their former employers... Read More

Does it Pay to be a Whistleblower? – Update on Sarbanes-Oxley and Qui Tam
by Ted Anderson, Esquire, Managing Director of Kilgore Law, published in The Front Line, June 2005

After the shareholder and employee debacles at Enron and WorldCom, Time Magazine named three whistleblowers as its persons of the year. For a trial lawyer contemplating a jury, one man's whistleblower is another man's tattle tale. Did the public's disgust with corporate governance create a paradigm shift... Read More

Securities Litigation Articles

Two FINRA Arbitrations and an Innocent Broker Clears His Reputation
By Robert M. Thornton, Attorney, Kilgore & Kilgore PLLC

Every once in a while, you get a FINRA arbitration case that reminds you of why you became a FINRA arbitration lawyer in the first place. That was the case with Kilgore & Kilgore's representation of Mel Schonhorst, a former managing director, financial advisor and bond executive with... Read More

FINRA's Class Action Rule, Not as Simple as it Seems
by Ted Anderson, Esquire, Managing Director of,
Kilgore Law

The class action rule issued by FINRA has been the subject of litigation and debate, requiring strategic decisions to be made with profound implications... Read More

Arbitrating Stockbroker Cases
published by Kilgore & Kilgore PLLC

An investor reeling from the monetary loss and emotional blow caused by misconduct by a stockbroker likely won't relish the thought of heading to the courtroom. Stockbroker cases that result in civil litigation can drag on for years, racking up thousands of dollars in legal fees... Read More

Intellectual Property Articles

Avoiding the Theft of Trade Secrets Trap
by Ted Anderson, Esq., of Kilgore & Kilgore PLLC

If you leave your company to work for a competitor or start a competing business, the question is when, not if, your former employer will file trade secret litigation against you and... Read More

Commercial Litigation Articles

Healthcare Reform Comes with More Employment Retaliation Protection
published by Kilgore & Kilgore

In 2010, President Obama signed the healthcare reform bill into law. The Patient Protection and Affordable Care Act of 2009 (PPACA) includes several important whistleblower protections for employees who report... Read More

A Change in Fundamental Texas Public Policy
by Robert M. Thornton, of Kilgore Law
published in HEAD NOTES, A Publication of the Dallas Bar Association, September, 2015

In its recent decision in Exxon Mobil Corporation v. Drennen, the Texas Supreme Court announced a significant change in what is considered to be fundamental public policy... Read More

Employment Law Articles continued...

Spying on Employees is Legal in Some Cases
by Ted Anderson, Esquire, Managing Director of Kilgore & Kilgore PLLC
published in the Dallas Business Journal, February 2007

The board scandal at Hewett-Packard focused media attention on private investigators using false pretenses to obtain employee personal phone records. It horrified many to learn that pretexting occurred in the business place, but that it might be legal... Read More