17 Questions Answered / 4 Recent Answers
November 4, 2025
A: If your Texas home sold for more than what you owed, you may be entitled to what is called surplus or excess funds. These funds are held by the county or trustee after foreclosure. To claim them, you must file a petition for release of surplus funds with proof of ownership and sale details. An attorney can help confirm eligibility and make sure you recover the full amount before others claim it.
April 15, 2025
A: This is a very common concern, especially as more employers implement digital oversight tools. Generally speaking, a company can legally monitor and restrict employee internet usage through an Acceptable Use Policy (AUP), provided certain conditions are met.
1. Private Employers Have Broad Discretion
In most states, private-sector employers are allowed to monitor internet usage on company-owned systems and networks, including:
Websites visited
Emails sent and received via company email
Time spent online during working hours
Downloads or uploads of content
As long as the company owns the devices or network being used, courts typically uphold their right to control and monitor usage—especially when the employee has received advance notice through a written policy like an AUP.
2. Employees Have Limited Expectation of Privacy at Work
Courts have generally held that employees do not have a strong expectation of privacy when using employer-provided devices or networks. However, an employer should:
Clearly inform employees of monitoring in writing
Apply the policy consistently across the workforce
Avoid overreaching into private communications (e.g., personal email on personal devices)
3. Content Filtering and Restrictions Are Permitted
Employers can legally block or restrict access to websites that:
Are unrelated to work (e.g., social media, video streaming, shopping)
Pose security risks (e.g., downloading pirated software)
Violate workplace policies (e.g., inappropriate or offensive material)
4. Federal and State Considerations
While there are few federal laws restricting workplace internet monitoring, employers must still comply with laws such as:
The Electronic Communications Privacy Act (ECPA) – allows monitoring of communications when done in the ordinary course of business or with employee consent
State privacy laws – some states may have broader protections; however, most defer to employer rights on company property
What You Can Do:
Review the AUP carefully to understand what is being monitored and why
Confirm whether you acknowledged the policy in writing
If you are concerned about overreach, you may want to speak with HR or request clarification about what personal activity (if any) may be affected
If you would like assistance reviewing the policy for reasonableness or compliance with state and federal law, I’d be happy to help.
April 15, 2025
A: This is an excellent question, and one that many employees have as workplace transparency becomes increasingly important.
In general, while Employee Non-Disclosure Agreements (NDAs) can restrict the sharing of confidential business information, they cannot legally prevent you from discussing your own employment conditions—such as salary, benefits, hours, and working conditions—with others.
1. Federal Protections Under the NLRA
The National Labor Relations Act (NLRA) protects most private-sector employees’ rights to discuss terms and conditions of employment, including:
Pay and bonuses
Hours and schedules
Workplace policies
Benefits
Working conditions
These discussions are considered “protected concerted activity,” especially when they relate to improving workplace conditions or comparing treatment.
2. NDAs Cannot Override Federal Law
Even if an NDA includes language that attempts to restrict these discussions, such provisions are likely unenforceable if they conflict with federal labor protections.
However, your NDA can lawfully prohibit disclosure of:
Trade secrets
Business strategies
Client lists
Proprietary systems or processes
3. State Laws May Provide Additional Protection
Some states go further by enacting laws that expressly ban employers from preventing salary or benefit discussions, or penalizing employees for doing so.
What You Can Do:
Review your NDA carefully to identify what it defines as “confidential information.”
Look for language that appears overly broad or vague, especially if it includes general employment terms.
If you are uncertain, a legal review can help determine whether any clause may violate federal or state protections.
I would be happy to help interpret your NDA and ensure your rights are protected while respecting any legitimate confidentiality obligations.
April 15, 2025
A: This is an important concern, and the enforceability of a stock subscription agreement without both parties' signatures depends on several factors, including the intent of the parties, performance under the agreement, and state law governing the contract.
1. Signatures and Enforceability
Generally, for a contract to be legally binding, there must be mutual assent—that is, both parties must agree to the terms. While a signature is the most common way to show assent, a written signature by both parties is not always required to create a binding contract.
If you signed the agreement and the company later accepted payment, issued shares, or otherwise began performing under the terms of the agreement, that conduct may be enough to demonstrate acceptance and create a binding agreement—even without the company’s signature.
2. Evidence of Mutual Assent
Key things to consider:
Did the company accept your payment or issue any form of acknowledgment?
Have you received confirmation of share allocation, receipts, or account statements?
Was there any written or verbal communication confirming the company’s agreement to the terms?
These facts may establish that a contractual relationship exists, even if the formal document was not fully executed.
3. Risk Without Signature
If the company has not yet taken any action—and there is no other evidence of acceptance—you may be in a more uncertain position. Without both parties’ signatures or performance, a court may view the agreement as incomplete or non-binding.
Next Steps:
Review all communication and transaction records for evidence of the company’s intent to be bound.
If no performance has occurred, you may want to seek confirmation or a countersignature before proceeding further.
If needed, a legal review of the agreement and context can help determine whether the contract is enforceable and what remedies may be available if there’s a dispute.
I would be happy to assist with reviewing your agreement and advising you on how best to move forward.