Employment Litigation

Represented a client that provides offshore mooring systems for the energy industry in the acquisition of the equity of a provider of anchoring and mooring solutions and its subsidiaries. The complex cross-border transaction involved the acquisition of assets located on and entities domiciled in at least twelve different countries and negotiations of definitive agreements with legal counsel in Norway.

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.

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.

Successfully defended a client with over 4,000 employees in more than 15 different discrimination lawsuits including, but not limited to, claims of age, race, religion, and disability discrimination.

Successfully defended 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.

Successfully defended 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.

Won a summary judgment on behalf of a software utilities and management company and its chief executive officer on a breach of contract claim filed by two of the company’s former employees. The former employees claimed they were owed approximately $360,000 based on an amendment to an original purchase agreement regarding the sale of a software program. Summary judgment was awarded when it was shown that the amendment lacked material terms and was unenforceable as a matter of law. Following summary judgment, the former employees settled their remaining claims on very favorable terms for our clients.

Represented employees in lawsuits against former employers based on employer’s refusal to pay past due compensation or to honor obligations under employment agreements and/or severance agreements.

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.

Member of the trial team representing employees of Wellbore Energy Solutions, LLC, a subsidiary of Halliburton Company, against M-I L.L.C., a subsidiary of Schlumberger Limited, in a trade secret, covenant not to compete and tortious interference dispute in the United States District Court for the Southern District of Texas (M-I L.L.C. v. Chad Lee Stelly, et al., C.A. 4:09-CV-01552) involving completion tools for oil and gas wells.

Representing supplier of oilfield steel for use in the oil and gas industry in a lawsuit brought by a competitor alleging a former employee provided our client (his new employer) with confidential customer lists, vendor contact information and sales data owned by his former employer. Successfully obtained transfer of lawsuit from United States District Court for the Northern District of Illinois to the Southern District of Texas based on argument that Texas was a more convenient forum as the location of material events, the residence of defendants and most potential non-party witnesses, as well as the relative interests of justice.

Resisted invasive discovery sought from client, now general counsel of a leading waste and recycling company, by his prior employer. The prior employer threatened to sue the client for violation of a non-compete agreement, among other things. Through avid advocacy, both before the court and to opposing counsel, BoyarMiller was able to resolve the discovery dispute—and extricate the client from the proceeding—by producing a reasonable and manageable nucleus of discovery.

Won a unanimous arbitration award on behalf of a former senior executive officer and director of a privately held bank with over $1.0 billion in assets. Our client was sued by the bank in state district court for breach of fiduciary duty, misappropriation of trade secrets, and conversion following his resignation from the bank. In the state court proceeding, we successfully dissolved an ex parte restraining order and compelled the lawsuit to arbitration. In the arbitration, the bank sought over $20,000,000 in damages and we asserted counterclaims against the bank for tortious interference with contract and failure to pay wages. After a five day arbitration and significant post-hearing briefing, the three member arbitration panel ruled in favor of our client on all claims and awarded all damages sought pursuant to our counterclaims.

Won an arbitration award on behalf of two senior level employees of a manufacturing facility against their former employer due to the former employer’s failure to make profit sharing and bonus payments under two separate agreements. Counterclaims were asserted against our client. After a five day arbitration, the arbitration panel ruled in favor of our clients and awarded our clients all of the damages sought and attorneys’ fees.

Defended clients operating a start-up oil field services company in a lawsuit brought by an established competitor alleging claims against our clients for misappropriation of trade secrets, breach fiduciary duty, and conspiracy and seeking to completely shut down our clients’ business. After a six day temporary injunction trial, the lawsuit settled on terms that allowed our clients to continue their business in competition with former employer.

Successfully obtained Temporary Injunction and Permanent Injunction on behalf of client against former employee. The client was a refinery maintenance contractor who brought suit alleging the former employee breached non-compete and non-solicitation covenants, and the former employee asserted counterclaims for damages arising out of termination of employment. After securing a Temporary Injunction that prohibited the former employee from competing and soliciting clients, the matter ultimately settled with entry of Permanent Injunction and no payment to employee for alleged damages.

Represented refinery services company that sells proprietary products and services to petroleum and chemical refineries globally in a lawsuit against a group of contractors that misappropriated our client’s proprietary products and services. After successfully securing discovery from refineries in foreign countries confirming the facts supporting our client’s claims, the matter settled with our client receiving every dollar of lost sales and effectively ending the former contractors’ attempts to establish a competing company.

Defended two Montgomery-area physicians against claims by their former employer. The former employer, a Conroe-area hospital, alleged the physicians breached a noncompetition and nonsolicitation agreement when they left to work for another hospital. Successfully obtained a summary judgment that the physician noncompetition agreements were not enforceable because they did not contain a clause related to the continuing care of patients with acute illnesses. The case settled soon after the court granted the physicians’ motion for summary judgment.

Represented a dentist and her practice against claims by another dentistry practice for tortious interference. The plaintiff alleged the defendant tortiously interfered with a noncompetition agreement it had with another local dentist by conspiring to solicit patients in violation of the agreement. Successfully obtained an early dismissal in exchange for a nominal settlement payment.

Successfully defended 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 employers in the defense of employment discrimination claims.

Represented a health care system in South Texas in a lawsuit against former insurance agents for violations of the Texas Insurance Code, violations of the Texas Theft Liability Act, conversion, fraud, fraud by non-disclosure, negligent misrepresentation, and breach of contract.

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.

Representing an employer to enforce a non-competition agreement against a former employee.

Defended two Conroe-area physicians against claims by their former employer. The former employer, a Conroe-area hospital, alleged the physicians breached a noncompetition and nonsolicitation agreement when they started their own family practice. The hospital also claimed the physicians breached fiduciary duties of loyalty by unfairly competing with the hospital. The trial court denied the hospital’s request for a temporary injunction, allowing the physicians to continue serving their patients and the Conroe area. The case settled soon after the denial of the temporary injunction.

Defended two Montgomery-area physicians against claims by their former employer. The former employer, a Conroe-area hospital, alleged the physicians breached a noncompetition and nonsolicitation agreement when they left to open their own practice. Successfully defended the physicians against the former employer’s efforts to obtain an injunction. The case settled soon after the court denied the former employer’s request for an injunction.

Obtained a temporary restraining order enjoining two former employees from doing business under a substantially similar business name as that of their former employer as well as from using their former employer’s confidential information. Two defecting, former employees formed a competing company selling power-generation equipment to both commercial and industrial clients. Prior to filing suit, conducted an electronic, forensic review of the former employees’ computers, and discovered evidence of theft of confidential information. This evidence was subsequently used at the emergency hearing. The case was successfully settled within a month of obtaining the emergency relief.

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.

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 medical services professional in wrongful termination matter involving unique issues of disability, perceived disability, and failure to accommodate under the ADA and ADAAA.

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 tow-truck company in an investigation brought by the United States Department of Labor relating to the company’s classification of its tow-truck drivers as independent contractors rather than non-exempt employees and its failure to compensate the contractors for overtime pay.

Representing employers in various industries relating to the development of policies and procedures for determining contractor/employee classification and exempt/non-exempt employee classification.

Represented waste removal and disposal company in FLSA lawsuit brought by group of employees alleging the company improperly used a day rate of pay resulting in the failure to properly compensate the company’s laborers for overtime hours worked.

Represented oilfield equipment rental company in FLSA lawsuit alleging the company’s practice of paying its operator employees a salary plus a day rate and bonus failed to properly compensate non-exempt employees for overtime hours worked.

Represented volunteer fire department in lawsuit brought by group of employees alleging failure to properly calculate and pay overtime.

Defending oilfield inspection company in an FLSA overtime lawsuit relating to the classification of its inspectors as exempt employees.

Represented a national manufacturer-marketer of engineered pipe fittings in a wrongful termination dispute initiated by a former employee. The former employee has alleged wrongful termination on the basis of a perceived disability as well as the wrongful denial of medical leave under the FMLA.

Counseled a former director of a valve manufacturer through his resignation and hiring at a different valve manufacturer. Representation included managing the identification, quarantining, return, and remediation of allegedly confidential information in the director’s possession, and advocating against the enforceability of his non-competition agreement.

After a client, a technology developer and implementer, terminated one of its regional managers for performance issues, the employee sent a demand letter for bonus and other severance payments allegedly owed under his employment agreement. Although the employee was initially poised to sue the client, quick action, strong legal strategy, and adept negotiations completely disposed of the demands without the need for settlement or litigation.

Currently representing a manufacturer of building and roofing systems in dispute brought by former employee, in which the employee alleges employment discrimination and retaliation under the Americans with Disabilities Act (“ADA”), the Family Medical Leave Act (“FMLA”), and common law. Strategy for disposition of the lawsuit is a quick and effective deposition of the plaintiff to disprove key elements of his claims, followed with a request that the court dismiss the claims based on the evidence.

Participated in representation of employer in employment discrimination case involving alleged sexual harassment, retaliation, and invasion of privacy.

On behalf of a major Texas-based insurance agency, drafted a successful brief in support of a temporary injunction. The court granted the injunction and prohibited the former employee from using confidential information the employee had removed from the agency’s computer system to operate a competing business.

Represented an international petrochemical services company in a dispute with a former contractor involving the contractor’s entitlement to post-termination commissions.

Represented an international distributor of petrochemical decontamination products in the termination of an employee who had misappropriated proprietary and trade secret information, shared that information with a competitor, and attempted to divert ongoing customer relationships from the company. Counsel from Houston, Italy, Qatar, and Thailand worked together to draft termination documents to the employee and notice letters regarding post-employment obligations to the competitors and customers which complied with relevant laws in all four countries.

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.

Representing an employer to enforce a non-competition agreement against a former employee.

Defended two Conroe-area physicians against claims by their former employer. The former employer, a Conroe-area hospital, alleged the physicians breached a noncompetition and nonsolicitation agreement when they started their own family practice. The hospital also claimed the physicians breached fiduciary duties of loyalty by unfairly competing with the hospital. The trial court denied the hospital’s request for a temporary injunction, allowing the physicians to continue serving their patients and the Conroe area. The case settled soon after the denial of the temporary injunction.

Defended two Montgomery-area physicians against claims by their former employer. The former employer, a Conroe-area hospital, alleged the physicians breached a noncompetition and nonsolicitation agreement when they left to open their own practice. Successfully defended the physicians against the former employer’s efforts to obtain an injunction. The case settled soon after the court denied the former employer’s request for an injunction.

Obtained a temporary restraining order enjoining two former employees from doing business under a substantially similar business name as that of their former employer as well as from using their former employer’s confidential information. Two defecting, former employees formed a competing company selling power-generation equipment to both commercial and industrial clients. Prior to filing suit, conducted an electronic, forensic review of the former employees’ computers, and discovered evidence of theft of confidential information. This evidence was subsequently used at the emergency hearing. The case was successfully settled within a month of obtaining the emergency relief.

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.

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 medical services professional in wrongful termination matter involving unique issues of disability, perceived disability, and failure to accommodate under the ADA and ADAAA.

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 tow-truck company in an investigation brought by the United States Department of Labor relating to the company’s classification of its tow-truck drivers as independent contractors rather than non-exempt employees and its failure to compensate the contractors for overtime pay.

Representing employers in various industries relating to the development of policies and procedures for determining contractor/employee classification and exempt/non-exempt employee classification.

Represented waste removal and disposal company in FLSA lawsuit brought by group of employees alleging the company improperly used a day rate of pay resulting in the failure to properly compensate the company’s laborers for overtime hours worked.

Represented oilfield equipment rental company in FLSA lawsuit alleging the company’s practice of paying its operator employees a salary plus a day rate and bonus failed to properly compensate non-exempt employees for overtime hours worked.

Represented volunteer fire department in lawsuit brought by group of employees alleging failure to properly calculate and pay overtime.

Defending oilfield inspection company in an FLSA overtime lawsuit relating to the classification of its inspectors as exempt employees.

Represented a national manufacturer-marketer of engineered pipe fittings in a wrongful termination dispute initiated by a former employee. The former employee has alleged wrongful termination on the basis of a perceived disability as well as the wrongful denial of medical leave under the FMLA.

Counseled a former director of a valve manufacturer through his resignation and hiring at a different valve manufacturer. Representation included managing the identification, quarantining, return, and remediation of allegedly confidential information in the director’s possession, and advocating against the enforceability of his non-competition agreement.

After a client, a technology developer and implementer, terminated one of its regional managers for performance issues, the employee sent a demand letter for bonus and other severance payments allegedly owed under his employment agreement. Although the employee was initially poised to sue the client, quick action, strong legal strategy, and adept negotiations completely disposed of the demands without the need for settlement or litigation.

Currently representing a manufacturer of building and roofing systems in dispute brought by former employee, in which the employee alleges employment discrimination and retaliation under the Americans with Disabilities Act (“ADA”), the Family Medical Leave Act (“FMLA”), and common law. Strategy for disposition of the lawsuit is a quick and effective deposition of the plaintiff to disprove key elements of his claims, followed with a request that the court dismiss the claims based on the evidence.

Participated in representation of employer in employment discrimination case involving alleged sexual harassment, retaliation, and invasion of privacy.

On behalf of a major Texas-based insurance agency, drafted a successful brief in support of a temporary injunction. The court granted the injunction and prohibited the former employee from using confidential information the employee had removed from the agency’s computer system to operate a competing business.

Represented an international petrochemical services company in a dispute with a former contractor involving the contractor’s entitlement to post-termination commissions.

Represented an international distributor of petrochemical decontamination products in the termination of an employee who had misappropriated proprietary and trade secret information, shared that information with a competitor, and attempted to divert ongoing customer relationships from the company. Counsel from Houston, Italy, Qatar, and Thailand worked together to draft termination documents to the employee and notice letters regarding post-employment obligations to the competitors and customers which complied with relevant laws in all four countries.