The Womack Law FirmThe Womack Law Firm2026-02-12T06:41:49Zhttps://www.markwomacklaw.com/feed/atom/WordPress/wp-content/uploads/sites/1605141/2024/01/cropped-WLF_FAV-32x32.pngOn Behalf of The Womack Law Firm<![CDATA[Are non-compete agreements enforceable in Texas?]]>https://www.markwomacklaw.com/?p=472922025-04-15T15:13:22Z2025-04-15T15:13:22Zcourt stated that the ruling was “arbitrary and capricious” because it was overly broad and did not include a reasonable explanation.
Although Texas law supports the use of these legal tools, there are rules. The state requires non-compete agreements to be reasonable in scope, duration, and geographic area. The agreement must also be ancillary to an otherwise enforceable agreement, such as an employment contract. Business owners are wise to understand these requirements to better ensure they draft a legally sound non-compete agreement.
What are the key elements to include in a non-compete agreement?
To help ensure a non-compete agreement withstands legal challenges, business owners should focus on the following elements:
Reasonableness: The agreement must be reasonable in terms of time, geographic area, and scope of activity. In the event of a legal challenge, the court might not enforce an agreement with overly broad restrictions.
Consideration: Valid consideration is also important and can a raise in salary or stock options.
Specificity: The agreement should clearly define restricted activities. Vague or overly broad language can lead to legal challenges.
By focusing on these key elements, business owners can draft non-compete agreements that are more likely to withstand legal challenges in Texas.
Business owners increase the likelihood that a non-compete meets these elements and protects their business interests when they customize the agreement to fit the specific needs of the business and the employee's role. Use of generic templates may leave you open to legal challenges.]]>On Behalf of The Womack Law Firm<![CDATA[Signs that you may have been wrongfully terminated]]>https://www.markwomacklaw.com/?p=472822025-01-20T20:18:29Z2025-01-20T20:18:29Zwrongfully terminated if your employer violated employment laws or the specific termination conditions outlined in your employment contract. Even though your employer can fire you at will in Texas, there are still important legal protections in place. Understanding the signs of wrongful termination can help you determine if your rights have been violated and what steps you can take to seek justice.
Discrimination based on your protected characteristics
Your employer should not terminate your employment contract due to your protected characteristics. For example, if you believe you were fired because of your genetic information or a disability, your employer might have discriminated against you based on these protected characteristics.
You might have proof of this form of discrimination if your termination occurred shortly after an incident or interaction highlighting one of these characteristics. For example, being let go after announcing a pregnancy or requesting religious accommodations could point to wrongful termination.
Retaliation for exercising your rights
Did you know that your employer is prohibited from firing you as punishment for advocating for your legal rights? For example, you should not be let go for filing a complaint about:
Workplace harassment
Discrimination
Unsafe working conditions
You also have the right to take medical leave without worrying about your job security. Even reporting illegal activities, such as fraud or safety violations, should not get you fired.
Breach of contract
If you’re an employee, you should take time to understand the specific termination conditions outlined in your employment contract. This way, if your termination does not comply with the terms of your contract, you can advocate for your rights. For instance, if your contract guarantees job security for a certain period but was terminated without valid cause, you might have grounds for a legal claim.
The fact that Texas is an at-will employment state does not give your employer the right to terminate your contract wrongfully. Recognizing the signs of wrongful termination and knowing your rights can empower you to take action. If you suspect you’ve been wrongfully terminated, don’t shy away from fighting for the justice you deserve.]]>On Behalf of The Womack Law Firm<![CDATA[When contracts go wrong: How commercial litigation can help]]>https://www.markwomacklaw.com/?p=472682024-04-05T16:45:42Z2024-04-05T16:45:42Zwhen a disagreement arises and contract terms are called into question?
This is where commercial litigation may prove beneficial. Commercial litigation is a legal process designed to resolve disputes arising from commercial transactions. If you’re a business owner facing a contractual breach, understanding your options regarding commercial litigation can help you to make informed decisions about your options.
Understanding contractual disputes
Contractual disputes can take many forms. A breach of contract is a common scenario that occurs when one party fails to fulfill their obligations as outlined in the agreement. This could involve:
Missed deadlines
Undelivered goods
Failure to uphold quality standards
Additionally, it could be considered misrepresentation if a party made false or misleading statements during negotiations. This can render the contract void.
Moreover, you can use commercial litigation to recover the owed amount if a customer fails to pay for goods or services received according to the contract.
Benefits of commercial litigation
While negotiation and arbitration are always preferable solutions, sometimes reaching an amicable agreement isn’t possible. In such instances, commercial litigation can be beneficial in enforcing your rights as a business owner. A strong legal team can present a compelling case to enforce the terms of the contract and help ensure you receive what you’re entitled to.
Commercial litigation can also help you recover financial losses incurred due to the breach of contract. This could include:
Lost profits
Wasted resources
Additional costs associated with finding alternative solutions
If you’re a business owner, you can agree that some contractual disputes can damage your business reputation. Litigation can help clear your name if accusations are unfounded and deter future breaches. Moreover, taking legal action can set a precedent for future dealings, discouraging similar breaches by the same party or others in the industry.
Commercial litigation is a powerful tool for resolving contractual disputes. By understanding your options and the process involved, you can make informed decisions to help protect your business interests and achieve a successful outcome. Remember, consulting with a reliable legal team is essential to navigate the complexities of your specific case and determine the best possible course of action.]]>On Behalf of The Womack Law Firm<![CDATA[Why do companies file lawsuits if most disputes don’t go to trial?]]>https://www.markwomacklaw.com/?p=472302024-01-12T13:45:07Z2024-01-12T13:45:07ZThey want to push the other party to act
Simply sending a strongly-worded letter to a party in breach of a contract can occasionally resolve disputes. Sadly, those who have intentionally avoided their obligations to a business or overtly violated a pre-existing contract may simply ignore a letter about their inappropriate conduct like they ignored the contract initially.
The decision to file a lawsuit signals to the other party that the plaintiff intends to pursue the matter as far as is necessary to properly resolve the issue. The total losses possible increase if the matter actually goes to trial. Those in breach of contract or otherwise engaged in misconduct affecting a business are often more likely to cease certain actions or agree to sit down for mediation with the possibility of litigation looming large over the discussion.
Settling is better than ignoring pressing concerns
Approximately 3% of business lawsuits go on to trial in any given year. The other cases either settle out of court or face dismissal due to a variety of different factors. While settling often involves making some compromises, reaching a settlement with a party in breach of contract is often a more favorable outcome than simply giving up on enforcing an agreement or pursuing damages for the misconduct of another party.
Litigation can also serve as an important reminder to other parties about the importance of fulfilling contractual obligations, as they know that the business may take legal action to enforce its contract if necessary. Settling is often actually a better outcome overall as it keeps the matter out of the public eye for the most part and can reduce the amount of resources the business must invest in resolving the conflict.
Understanding what usually happens when a business must file a lawsuit can help executives and others contemplating legal action choose the best pathways forward given their circumstances.]]>On Behalf of The Womack Law Firm<![CDATA[Is your employer discriminating because of your pregnancy?]]>https://www.markwomacklaw.com/?p=471962024-01-17T17:12:35Z2020-04-28T16:11:23ZFederal law protects pregnant women from workplace discrimination
The Equal Employment Opportunity Commission (EEOC) considers pregnancy to be a protected medical condition. That means that legally, your employer can not consider your pregnancy when making decisions about your hiring, firing, pay or advancement within a company. Additionally, your employer should allow for reasonable accommodations, such as a position that lets you get off your feet or no longer requiring heavy lifting during pregnancy. Sometimes, instead of accommodating a pregnant woman's needs, a company will become hostile to try to force her to quit.
Even though pregnancy leave is generally unpaid in the United States, many employers still begrudge this time off to pregnant workers. Instead of looking at the big picture and how dedicated you have been and will be to the company, your employer may see you as a liability and try to push you out of your position. You may start getting written up for minor things while coworkers are not. You may suddenly get worse shifts, fewer shifts or more difficult or unpleasant tasks. Your wages or benefits could be cut. In some cases, your employer could even overtly fire you while pregnant.
An attorney helps you fight back
Like all pregnant women, you deserve reasonable accommodations for your medical needs while pregnant, leave after your labor and delivery and the ability to return to your position after your leave. If your employer is discriminating against you because of your pregnancy, you need to speak with an experienced Texas workplace and employment law attorney. He or she can advocate on your behalf to your employer and even file a civil suit to help ensure no one else is mistreated in the same way again.]]>On Behalf of The Womack Law Firm<![CDATA[Check out these examples of age discrimination]]>https://www.markwomacklaw.com/?p=471942025-08-12T16:59:21Z2017-08-03T16:01:10ZThe company assumes you'll get "bored"
Sometimes, older individuals are seen as those who are "overqualified" and who may become bored with their work. They may look to move on quickly or decide to leave after a short time. Basing a hiring decision on assumptions about your age is discrimination.
The company lets you go ... but you're almost into retirement
Imagine working for a company for 40 or 50 years. You decide to retire at the end of the next year. Your last review was stellar, and there was no reason to assume anything was wrong. Suddenly, you're told you're being let go which is going to cost you your retirement.
If the company decided to let your go solely because it would need to pay your retirement benefits when you retired next year, that is ageism. It is also illegal for your employer to fire you to prevent you from collecting your pension in order to save the company money.
Age discrimination comes in many forms, and it can sometimes be hard to prove. If you believe you've been fired or are being harassed due to your age, you may have a case that you can take to court against your employer. You deserve respect, and the law is on your side.]]>On Behalf of The Womack Law Firm<![CDATA[3 examples of wrongful termination cases]]>https://www.markwomacklaw.com/?p=471882024-01-17T14:32:44Z2017-07-10T13:31:17Z1. Age discrimination
Age discrimination can include not hiring, firing, not promoting or otherwise treating an employee negatively due to his or her age. Those over the age of 40 are protected by law.
Here's an example. If you have worked with a company for 20 years, are 43 years old, and your coworker has worked at the company for one year and is 24, you may think you have the promotion you want in the bag. When the 24-year-old employee receives it, you're in shock because you have much more experience. Later, you find out that the promotion was given to the younger person because he or she would be in the public eye, so the company wanted someone young. That's age discrimination.
2. Public policy exceptions
A public policy is something set by the state or federal government. If your employer violates it, then you have the right to file a wrongful termination claim. For instance, if you file a workers' compensation lawsuit and your employer fires you, you may have a claim.
3. Sexual harassment or discrimination
Sexual harassment can also lead to wrongful termination. For instance, if your employer wants you to perform sexual acts to keep your job, that's harassment and against the law. Likewise, if your employer fires you because you come out as homosexual, that is not allowed.
These are three wrongful termination situations that you may run into. If you're wrongfully terminated, you do have rights and options.]]>On Behalf of The Womack Law Firm<![CDATA[Recognize these 2 types of sexual harassment on the job]]>https://www.markwomacklaw.com/?p=471982024-01-17T17:15:22Z2017-06-08T16:13:40Zunwelcome sexual advances or sexual conduct that results in a person's environment being offensive or hostile. It may also interfere with the person's work.
Sexual harassment is against the law. As an employee, you're protected against others harassing you, whether it's a coworker, client or boss. Both state and federal laws recognize sexual harassment as a kind of discrimination and protect you against it.
There are two main kinds of sexual harassment to look out for on the job. One is quid pro quo, and the other is a hostile work environment.
1. Quid pro quo harassment
A quid pro quo form of harassment is when a supervisor, boss or other person in a position of power demands others tolerate sexual harassment in order to obtain certain benefits, raises, or jobs. For example, if your boss tells you he'll give you a large raise if you sleep with him, that's a form of quid pro quo harassment.
2. The hostile work environment
A hostile work environment can be dangerous or simply annoying to workers. Perhaps you have a coworker who makes lewd comments about your appearance or you deal with unwanted sexual advanced during the workday from your boss. Your coworker might forward you an inappropriate sexual email, or you could face struggles due to your sex.
Whenever you face quid pro quo harassment or harassment in a hostile work environment, you have a right to start a case against your employer. The courts will seek out information on the kind of harassment you've faced. You'll want to have evidence of harassment if you can. For example, if you have text messages or emails from your boss or coworkers, this can help your case. Witness testimonies can also help.
Your attorney can help you put together your case, so you can fight back against sexual harassment. You deserve respect in the workplace.]]>On Behalf of The Womack Law Firm<![CDATA[Age discrimination: A true problem in the workforce]]>https://www.markwomacklaw.com/?p=471922024-01-17T16:52:55Z2017-04-06T15:50:21Zage discrimination.
Recognizing age discrimination is the first step in addressing it. It can happen in a number of ways. An applicant may not be hired due to being over 40, for example, because the employer prefers to have younger workers in the workplace. Another example would be if a person applied for a promotion but was turned down for a younger applicant with less experience.
Discrimination in the form of harassment is also forbidden under the ADEA. For example, calling a person an "oldie" in the workplace could end up causing an employer problems.
It is not discriminatory for employers to hire or promote younger workers if they meet the needs of the program and have the experience required for the role.
2. Why would an employer discriminate based on age.
Employers might discriminate based on age for a few reasons. Maybe the employer believes that the office appears more attractive with younger workers. Another reason could be that the employer wants to pay less to a new employee who is fresh out of school, for example, compared to an older employee who costs him more money to pay. Age discrimination can be hard to identify in some cases, because few people come out and say they are hiring a person or promoting that person based on age.
3. What should you do if you've been discriminated against?
If you feel you've been discriminated against at work, the first thing you may need to do is to reach out to your human resources department. If that doesn't help correct the problem, then your attorney can help you collect evidence to use in a claim against your employer. With the right support, you can make your claim clear, so a judge or jury sees the discrimination you've been through.]]>On Behalf of The Womack Law Firm<![CDATA[5 things to know when you are terminated or laid off]]>https://www.markwomacklaw.com/?p=471912024-01-19T22:56:13Z2017-03-13T13:42:57Z#1: Even at-will situations don't allow for discriminatory firings
Employers can fire employees for many reasons. None of the allowable reasons include discriminatory behavior of any sort. An employer can't terminate you because of a disability, your gender, your age, your marital status or any other covered category. Getting a notification about the reason for the termination might help you. Terminations that are retaliatory in nature are also against the law.
#2: Proof might be hard to obtain
Proof of the wrongful termination might be difficult to obtain. Keep anything that you have legal access to that can show that you were the victim of wrongful termination. For example, positive evaluations from prior to the termination might help your claim. This is often the case for retaliatory termination.
#3: Factory workers must have a warning of layoffs in most casesPlant workers have a special protection when it comes to layoffs. You must receive notification of the layoff if the company meets certain requirements. One of these is that there are at least 100 employees who work more than 20 hours per week and those who have been there for at least six months. Layoffs that impact at least 50 workers require a 60-day notice.
#4: There is a deadline for getting you your final paycheck
Texas law stipulates that an employer must pay a terminated employee within six calendar days. This doesn't apply to employees who quit or resign. Those employees must get a final paycheck on the regular pay schedule. Employment contracts can impact certain types of final pay, including commissions. Be sure you understand all employment paperwork you sign when you are hired and at any point after.
#5: You might be able to keep your health insurance
You might be able to keep the health insurance you have for you and your family even if your employer terminates you. Your employer should give you information about Consolidated Omnibus Budget Reconciliation Act, or COBRA, coverage. You must pay premiums for this coverage. Without your income, this might prove difficult.]]>