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

  • Representing an employer to enforce a non-competition agreement against a former employee.
  • Represented Houston-based lumber distributor in employee fraud suit against its former executive-level manager. The client’s manager conspired with lower level employees to embezzle substantial amounts of money from the company, in addition to defrauding the company of thousands in product inventory and other assets.
  • Successfully represented a Fortune 200 client in an arbitration hearing that upheld the termination of an employee with a disability who claimed he was the victim of discrimination. The employee, who suffers from attention deficit-hyperactive disorder (ADHD), filed a lawsuit under the Americans with Disabilities Act (ADA) claiming his disability prevented him from meeting performance goals set by the company and he should receive a reasonable accommodation to be exempt from the performance standard. The company and employee engaged in an interactive process and the employee was allowed to request his own accommodation. The employee requested additional one-on-one training, which was provided and he was given an opportunity to improve. He was not terminated until his performance declined. The arbitrator determined that the termination was valid and not discriminatory.
  • Won a unanimous jury verdict of $1.3 million on behalf of two former partners of an accounting firm based on the accounting firm’s failure to pay amounts owed to the partners following their separation from the firm, including amounts owed to them for the repurchase of their shares of stock in the accounting firm.   The jury also unanimously rejected a counterclaim filed by the accounting firm in which the firm sought more than $750,000 in damages based on alleged breaches of non-compete provisions, confidentiality provisions, and buy-sell provisions of the partners’ employment agreements which would have required the former partners to pay the firm for any clients that left with the former partners.
  • 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. The client had purchased the business from the opposing side 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 which removed the competitor from the market.

Litigation Group Contact

Chris Hanslik