Smooth Transitions

Addressing the Legal issues arising from the departure of employees & Business breakups

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Rob Radcliff

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Smooth Transitions

Texas Non-Competes in 2021

By Rob Radcliff

February 16, 2021

Texas non-compete law has changed very little over the last few years. There have not been any seminal Texas Supreme Court cases construing the Texas non-compete statute and little instructive case law from our intermediate appellate courts providing guidance. The reality is Texas trial judge are construing non-competes at the temporary restraining order/temporary injunction stages all the time but Texas trial judges don’t issue published opinions and we don’t see many appeals from those decisions.…

Smooth Transitions

Employee Movement in the Time of Covid

By Rob Radcliff

October 16, 2020

We’ve now been in the midst of this global pandemic since March (give or take a few weeks) and we have a little more runway to look at the state of employee movement. It seems that most folks fall in three categories in terms of the Coivd impact on their job: (1) looking for a job; (2) in a precarious spot and not looking to make a move; or (3) looking to make a move. …

Smooth Transitions

ESOA Presentation April 9

By Rob Radcliff

April 8, 2020

Tomorrow, I have the privilege of speaking to the Executive Search Owners Association. Over the years I have had the privilege of representing placement professionals in a number of circumstances. Some tips: Make sure your engagement agreements/contracts make sense and are enforceable; Remember that non-competes and non-solicitation agreements in Texas can be enforceable; Screen your candidates to determine if they have entered into a non-compete or non-solicit; Remember that if someone you placed is…

Smooth Transitions

Construction Impact – March 29 Dallas County Order

By Rob Radcliff

March 30, 2020

Yesterday Judge Jenkins entered a revised stay at home order – March 29 Dallas County Order – that impacts the way construction companies in Dallas County do business. Some highlights: If a worker has a temperature above 99.6 degrees they have to stay at home; Employer must check worker’s temperature; Shift work mandatory – basically split crews by 50%; No gatherings during breaks/meals; Requirements for hand washing, soap and hand sanitizer, and 1 toilet…

Smooth Transitions

Department of Labor’s FAQ on Family First Coronavirus Response Act

By Rob Radcliff

March 25, 2020

More regulations are to follow, but here is a link to the FAQ from the Department of Labor. Some highlights: In effect on April 1 – Not April 2 as originally calculated; Applies to employers with less than 500 employees – Integrated Employer Test used just like traditional FMLA; There is an exemption for those with less than 50 employees that can’t afford it and can justify it (still no details on this); Discusses how…

Smooth Transitions

Dallas Businesses Impacted by Shelter-In-Place

By Rob Radcliff

March 23, 2020

Last night County Judge Clay Jenkins went over the contents of a shelter in place order that goes into effect tonight (3/23/20) at 11:59 pm. The basis for the order is to prevent an overrun of North Texas hospitals and the projections are here. Hopefully we never get there. The complete text of the order can be found here – Dallas County Shelter in Place (thanks to Texas Tribune) and covers a…

Smooth Transitions

Breakdown of Sick Pay and Medical Leave Under the Covid-19 Legislation

By Rob Radcliff

March 19, 2020

The President signed the Families First CoronaVirus Response Act last night after the Senate approved the measure earlier in the day. Though the scope of the legislation is much broader our focus is sick pay and expanded FMLA leave. What it means for employers: The When and Who Goes into effect on April 2, 2020 and sunsets on December 31, 2020 Only impacts employers with 500 employees or less Companies with 50 or fewer…

Smooth Transitions

Don’t Discount the Exit Interview

By Rob Radcliff

February 19, 2020

No one likes exit interviews, well most folks don’t. The employee is departing the interviewer is checking off the boxes. But, from the employer’s perspective they can be invaluable if handled correctly and I recommend them. Some considerations: Who handles the interview? It doesn’t always have to be someone from HR. If the departure is unpleasant perhaps there is someone that does have a good relationship with the employee that handles the discussion. The goal…

Smooth Transitions

The Non-Compete Reset – Draft for Enforcement

By Rob Radcliff

February 11, 2020

We need to reset the way we consider non-compete duration and scope. Instead of conceptualizing the duration of a non-compete in terms of “how long” the better approach is “how short.” The same is true for the subject matter of the non-compete – make it narrow. What is the objective of a well written non-compete? To draft it in such a way that a departing employee will abide by it without legal intervention. Now…

Smooth Transitions

The 2020 Employment Checklist

By Rob Radcliff

January 15, 2020

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As the New Year begins a couple of things to consider: Is the company employee manual up to date – any changes necessary? – The beginning of the year is always a good time to review those policies and procedures and see how they worked in 2019. Often the year will show some deficiencies or problems with policies as they are applied. Are employee files up to date? Make sure all employees have acknowledged receiving…

Smooth Transitions

Addressing the Legal issues arising from the departure of employees & Business breakups

Blog Authors

Texas Non-Competes in 2021

Employee Movement in the Time of Covid

ESOA Presentation April 9

Construction Impact – March 29 Dallas County Order

Department of Labor’s FAQ on Family First Coronavirus Response Act

Dallas Businesses Impacted by Shelter-In-Place

Breakdown of Sick Pay and Medical Leave Under the Covid-19 Legislation

Don’t Discount the Exit Interview

The Non-Compete Reset – Draft for Enforcement

The 2020 Employment Checklist

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