Employment Litigation

Partnering to ensure a prevention-first approach.

No business can escape employment law issues today. But we recognize that our clients’ interests are not always served by being involved in litigation. So we partner with our clients to ensure a prevention-first approach. We address issues in a timely manner, while effectively accomplishing the desired outcomes. Our lawyers provide aggressive representation in state and federal courts and before administrative agencies, such as the Texas Workforce Commission (TWC) and the Equal Employment Opportunity Commission (EEOC).

Our Employment Litigation experience includes claims for:

  • Violation of non-compete, non-disclosure, and non-solicitation agreements, including those relating to the misappropriation of trade secrets and proprietary information of employers
  • Discrimination and retaliation based on race, sex, national origin, disability, and age under Title VII, the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), and the Texas Commission on Human Rights Act
  • Unpaid overtime and other wages under the Fair Labor Standards Act (FLSA) and the Texas Pay Day Act
  • Unemployment benefits through the Texas Workforce Commission (TWC)
  • Discrimination and retaliation under the Texas Workers Compensation Act

We also offer our clients counseling on the myriad of human resource-related issues facing business, including:

  • Understanding how to properly discipline and terminate employees
  • Negotiating separation agreements
  • Investigating complaints of workplace harassment
  • Classifying employees as exempt or non-exempt under FLSA
  • Understanding leave issues under the Family Medical Leave Act (FMLA), ADA and the other federal and state laws governing employee leave
  • Implementing employee handbooks and other workplace policies to remain current under applicable federal and state laws

Recent Employment Litigation Representative Matters

  • Represented a manufacturer and supplier of separation and phase contacting process internals in an age discrimination dispute brought by a former employee. Successfully avoided a lawsuit through pre-suit negotiations after the Equal Employment Opportunity Commission issued a notice of right to sue.
  • Represented medical services professional in wrongful termination matter involving unique issues of disability, perceived disability, and failure to accommodate under the ADA and ADAAA.
  • Successfully settled a theft of trade secrets case in which a former employee downloaded the entire contents of his former employer’s cloud-based information system to several different electronic devices just prior to giving notice of his resignation. In this dispute, former employee left a geosynthetic lining company to work for a competitor performing a substantially similar role in the same geographic region. Obtained a temporary restraining order and temporary injunction enjoining the former employee from using any of his former employer’s confidential information while working at the competitor. Through the pendency of the suit, conducted an electronic forensic review of the former employee’s electronic devices and cloud-based storage systems discovering evidence of spoliation. After a spoliation motion was filed, the matter was successfully resolved.
  • Represented a professional services firm in a gender discrimination, harassment, and retaliation dispute brought by a former employee alleging sexual harassment and hostile work environment. Successfully avoided a lawsuit through pre-suit mediation with the Equal Employment Opportunity Commission. The dispute involved unique issues relating to outside-the-office conduct and text-messaging.
  • Represented a manufacturer and supplier of pipe fittings in a disability discrimination dispute brought by a former employee. The former employee alleged he was discriminated against due to a disability resulting from an on-the-job injury. After receiving employer-provided medical treatment for the injury, the employee failed to report, and subsequent to termination, brought suit. A resolution of the dispute was successfully negotiated within six months from the suit being filed.

Litigation Group Contact

Chris Hanslik