Imagine a vindictive employer – angry at an employee who recently filed an EEOC charge, but smart enough to know not to fire the employee in retaliation for filing the claim. How is this vindictive boss to take out his frustration without maki
ng matters worse? If you are North American Stainless, you fire the
Michael Kelsheimer
Michael Kelsheimer focuses his practice on the employment law needs of Texas businesses and executives across several industries, including healthcare, oil and gas, construction and real estate. With more than 160 laws that impact the employment relationship, clients count on Michael to find effective solutions for every workplace problem they may encounter, both in and out of the courtroom. He has achieved favorable results in litigation before state and federal courts and in arbitration involving many issues, including non-compete and non-solicitation agreements, trade secret theft, all types of discrimination claims, executive employment agreements and FLSA wage and hour claims.
Pepsi “Popped” for Using Criminal Background Checks
The EEOC announced today that Pepsi Beverages has agreed to a settlement of $3.1 million to resolve a claim by black prospective employees. Between 2006 and 2010, Pepsi excluded from any consideration for employment any applicant who had been arrested or convicted of a crime, including minor offenses (not sure how minor).
Lawyer Suspended for Seeking “Secretary with Benefits”
Let’s start of 2012 with a bang! Over the holidays someone forwarded an article about a lawyer in Illinois who was suspended from the practice of law for a year. Why you might ask? Perhaps not, since the title of this post gives it away.
Seriously? Seriously. The lawyer posted an advertisement for a legal…
Employment Law 101: Covenants Not to Compete
Who, What, Why . . .
Who does it apply to: Any employer who fears its employees might go out and start a competing business or work for a competitor and share the employer’s secrets.
What is a “covenant not to compete”: Non-competes, also known as non-competition agreements, are a specia
lly designed type of…
Proof that Following Employment Laws is Important!
My favorite tipster over at LexBlog sent me a couple of links this week to an employment related issue in San Francisco. A popular vegan restaurant chain called Cafe Gratitude is closing eight locations over a series of employment lawsuits. Sparing
you the gritty details, one lawsuit involves the café’s tipping policy which is a…
VOW to Hire Heroes Act of 2011
Earlier this week, President Obama signed the VOW to Hire Heroes Act of 2011 into law. Explained in more detail on the Veterans Affairs website, the law provides expanded education and training programs for soldiers, improves reemployment rights for guard members and reservists, and offers disabled veterans additional vocational assistance. Of course, the reason…
Can I Dock Employees for Inclement Weather Days?
Employment Law 101: Trade Secrets and Confidentiality Guide
Who, What, Why . . .
Who does it apply to: Any employer who has information it would prefer that its competitors not have, which really ought to be everybody.
What is a “trade secret”: Any formula, pattern, device, or compilation of information used in your company’s business that gives you a competitive advantage over…
What is All the Fuss over the New NLRB Poster?
This debate has been going on for a while. The NLRB wants to create yet another poster your employees probably will never read for you to hang up in the break room. Employers groups are up in arms and the US Chamber of Commerce has filed a lawsuit over the poster. So much haranguing…
Can You Carry a Gun into Work?
A couple of weeks ago, Workforce.com posted a story on Texas’ new concealed carry law. The article touches on a topic I’ve been wanting to discuss for a while which is concealed weapons in the workplace.
I am licensed to carry a concealed weapon in Texas. I don’t carry into my workplace, but I…


