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What Employers Need to Know about Hair Discrimination

Most employers maintain dress codes and grooming policies. And most of these policies dictate that employees must wear “professional” or “business-appropriate” hairstyles. Some go a step further, prohibiting “extreme” or “distracting” coiffures. Such policies, so long as enforced in an even-handed way, have not traditionally been viewed as presenting significant legal risk. But over the …read more »

Five Tips for More Effective Offer Letters

Most seasoned HR professionals and employment lawyers give little thought to offer letters. This isn’t because they’re not important; it’s because the organizations with which we work have developed forms designed to standardize the recruitment process and to minimize the administrative burden associated with onboarding a new hire. While these are worthy objectives, it’s key …read more »

In a Tight Labor Market, a Reminder: Most No-Poaching Agreements are Illegal, Some Could Land You in Jail

In recent months, the U.S. unemployment rate has dropped to levels not seen since the late 1960s. This news—great for American workers—has left many employers scrambling to identify, hire, and retain qualified talent and to shore up efforts to assess and manage the business risks posed by an increasingly peripatetic workforce. As employers evaluate and …read more »

Five Tips for Better, Less Risky Terminations

Involuntary terminations can be tough to do well. Even when discharge is clearly warranted—such as in egregious for-cause situations—few managers are eager to sit down with an employee to deliver the bad news. And even fewer are interested in becoming expert in the art of letting someone go. But this doesn’t mean that termination discussions …read more »

Four Things Every Employer Needs to Know about Texas’s Anti-SLAPP Law

In 2011, Texas Governor Rick Perry signed into law the Texas Citizens Participation Act (the “TCPA”). The TCPA is Texas’s version of a category of laws, now on the books in many states across the country, intended to curb “strategic lawsuits against public participation” (so-called “Anti-SLAPP statutes”)—in other words, lawsuits that weaponize litigation to chill …read more »

A Non-Compete Lawyer’s Case for Conducting Exit Interviews (and Five Must-Ask Questions)

Over the past several months, I conducted an informal, and utterly unscientific, poll about exit interviews. Questionable survey methodology aside, my conversations on this topic confirmed my suspicion: Exit interviews have few fans. There are many reasons for this, but chief among them seems to be doubt on the part of both employers and departing …read more »

Getting S.M.A.R.T. About PIPs

As a quick Google search makes clear, performance improvement plans have a bad rap. Much (virtual) ink has been spilled on tactics for “surviving” a PIP, and consensus is that an employee who is put on a PIP should consider her days to be numbered. But it shouldn’t be this way. Employers that misuse PIPs …read more »

M2D Partner Corey E. Devine Named a 2018 Texas “Rising Star” in Management-Side Employment Litigation

The Firm is pleased to announce that Corey E. Devine has been selected to the 2018 Texas Rising Stars list in “Employment Litigation: Defense.” This is Corey’s seventh year appearing on the list. Each year, no more than 2.5 percent of the lawyers in Texas are selected by the research team at Super Lawyers to …read more »