Temporary workers (“temps”) are a part of many businesses. Some companies use temps to fill a void left while an employee is on leave, others utilize temps in determining whether or not to offer a permanent position, and still others have temps as part of their everyday business functions. No matter what the reason is, when you bring a...
Continue ReadingEmployees signing employment agreements in Texas should be mindful of the following potential terms: 1. Term of Employment. Employment agreements are typically either for a fixed term or are at-will. An at-will agreement, obviously, can be terminated by either party at any time for any reason. Some agreements contain “Evergreen” provisions, which state that the term of the agreement shall be...
Continue ReadingI often hear from employees who are bound by non-compete agreements that "Texas is a right to work state," and that, therefore, their agreements are unenforceable. Not true. The "right to work" concept has NOTHING to do with non-compete agreements. Rather, the "right to work" concept has to do with the right of employees to decide for themselves whether...
Continue ReadingA provision prohibiting an employee from soliciting his former employer’s remaining employees must meet the requirements applicable to noncompete agreements. Trying to attract workers constitutes fair competition (unless it is unfair, as it might be if an employee raiding provision prohibits it, or if doing so constitutes tortious interference).
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