Walmart is facing a lawsuit from a labor union after closing five of its stores in Texas, Oklahoma, Florida and California. According to the National Labor Relations Board claim that was filed by the United Food and Commercial Workers International Union on April 20, the retail giant closed the stores to retaliate against workers who were trying to organize.
Texas businesses may be interested in some information about the legal standard for employer retaliation cases in the U.S. According to the United States Supreme Court, retaliation isn't limited to just firings and pay cuts; it can come in many forms.
A company in Texas may ask an employee to sign a non-compete agreement as a condition of employment. However, there may be limitations as to what can be included in the agreement. Typically, courts prefer that competition is increased in the marketplace instead of restricted. Therefore, a business may need to prove that it would be harmed if the non-compete agreement was not put into effect.
If your business depends on its intellectual property and proprietary information to maintain a competitive edge, it’s important to protect these assets whenever possible. In many cases, the best way to do that is to ask your employees to sign a non-compete agreement.
Even here in Texas, government regulations on businesses can be pretty strict. This is especially true of regulations governing employee hiring and firing practices. As just one example, consider the Americans with Disabilities Act.
When many small business owners start their company, most know exactly what products or services they want to offer and how to differentiate themselves from their competitors. They may even know exactly what they want their future office to look like once the company grows.