Employment Litigation

Representative transactions

• Represented a restaurant group in a lawsuit brought by a former employee claiming sexual harassment based on allegations that manager made sexual advances towards the employee and sent sexually explicit photographs to the employee. The lawsuit centered almost entirely on alleged conduct that occurred outside the workplace during non-working hours and presented unique issues relating to the employer's affirmative defense under the Faragher/Ellerth line of cases.
• Represented a national manufacturer-distributor in an EEOC proceeding brought by former employee claiming sexual harassment and gender discrimination relating to a manager's sex based comments. The matter settled on very favorable terms for the employer after an extensive EEOC investigation that included multiple on-site interviews of employees and review of company records.
• Represented a title company in defense of a claim under the Fair Labor Standards Act. The Plaintiffs were assistant escrow officers claiming unpaid overtime. The case was settled on favorable terms to the client after minimal discovery and briefing on key legal issues.
• Represented a restaurant and bar in defense of a claim under the Fair Labor Standards Act. The Plaintiffs were former waitresses and bartenders claiming tip pool violations. The case was settled on favorable terms to the client after minimal discovery.
• Represented a manufacturer in a lawsuit brought by former employee claiming sexual harassment, hostile work environment, and negligent hiring based on allegations that former employee's supervisor made sexually explicit comments to her. The former employee's claim of negligent hiring was premised on the allegation that the employer hired the supervisor who had a criminal record. The lawsuit raised novel issues relating to the exclusivity provision of the Texas Workers Compensation Act.
• Represented a national manufacturer-distributor in an EEOC proceeding brought by former employee claiming sexual harassment and gender discrimination relating to a manager's sex based comments. The matter settled on very favorable terms for the employer after an extensive EEOC investigation that included multiple on-site interviews of employees and review of company records.
• Represented an offshore drilling service company in a proceeding brought by former employee claiming race discrimination based on the employer's alleged failure to provide the employee with the same employment opportunities it provided to other employees outside the protected class. This lawsuit raised unique issues regarding the employer's obligation to provide offshore work opportunities where it was also providing onshore work.
• Represented a residential real estate company in a proceeding brought by a former employee claiming disability discrimination after the employee was terminated for being absent from work for a number of days in excess of the company's stated policy. The matter tested the interplay between the employer's absence control policy and the reasonable accommodation requirements of the ADA and leave requirements under the FMLA.
• Represented a manufacturer of large industrial equipment in an EEOC proceeding brought by an employee claiming the termination of his employment was national origin discrimination. The matter involved the employer's decision to convert the employee's pay structure from hourly to salary resulting in the potential for employees to make less money when overtime was factored into the hourly rate.
• Represented a national property management company in an EEOC proceeding brought by former employee claiming that the termination of her employment was race and gender discrimination. This proceeding arose out of events that occurred outside of the workplace during the company's holiday party.
• Defense of a lawsuit alleging age, gender and disability discrimination, retaliation, wrongful discharge, sexual harassment, defamation and intentional infliction of emotional distress against a Texas hospital. Achieved favorable settlement following successful motions to dismiss and for summary judgment in which the Court dismissed all of the employees' claims except one.
• Won a summary judgment on behalf of an oil-field services company that was sued for allegedly misappropriating trade secrets from a competitor. When the client hired away the opposing side's salesman, it sued. Summary judgment was awarded when it was shown that the opposing side did not have a valid trade secret as a matter of law.
• Obtained a restraining order and temporary injunction against a company attempting to compete in violation of a non-competition agreement signed in a purchase agreement. Our client had purchased the business from the opposing party and included a non-competition agreement. The opposing side then tried to set up a competing company using other individual's names in the competing company's organizational documents. After the temporary injunction was granted, a settlement was reached that removed the competitor from the market.
• Successfully defended two employees in the oil and gas industry in a preliminary injunction hearing in federal court in the Southern District of Texas. The employees' former employer sought to enforce non-compete agreements and immediately restrain the employees from competing with their prior employer. The court denied the former employer's request for emergency injunctive relief.    
• Representation of insurance agency with regard to violation of non-solicitation, nondisclosure, and confidentiality agreements by former employee.
• Successfully defended a client with over 4,000 employees in several different discrimination lawsuits including, but not limited to, claims of age, race, religion and disability discrimination.