Employment Litigation

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).

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Employment Litigation Experience:

Claims:

  • 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

Human Resource Issues:

  • 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 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 an international petrochemical services company in a dispute with a former contractor involving the contractor’s entitlement to post-termination commissions.
  • 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.
  • Participated in representation of employer in employment discrimination case involving alleged sexual harassment, retaliation, and invasion of privacy.
  • 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.

We really value our relationship with BoyarMiller and wish we had started it many years ago.

Diane BurgerPresident/CEOCPW America

Valley Baptist Health System began working with Bill Boyar and his team in 2004. The very first project involved a $70MM acquisition of a hospital that closed within 90 days. What a great first impression! Bill and the entire team have provided our system with invaluable legal and business advice in an extremely efficient and responsive manner.

BoyarMiller represents Valley Baptist Health System and its affiliates in connection with corporate transactions, mergers and acquisitions, finance, real estate, antitrust, employment and employment litigation.

Manny VelaSenior Vice-President, Chief Legal OfficerValley Baptist Health System

The team assembled by BoyarMiller and led by Chris Hanslik correctly identified the critical issues relevant to the dispute; determined the appropriate application of the law to support our position; protected our legal position throughout the case; and seamlessly executed the strategy for the case. BoyarMiller’s representation won a favorable judgment from the jury on all elements of the case. During the course of the litigation, all team members at BoyarMiller successfully argued before the court and substantially contributed to the prosecution of the case which demonstrated to us the depth of the talent at the firm. At the conclusion of the trial, Chris delivered the most compelling closing argument I could imagine.

BoyarMiller successfully represented Jeff Houston and David Grossman in a Contract and Non-Compete Case in their separation from their former accounting firm.  

Jeff HoustonManaging PartnerGBH CPAs, PC

Litigation Group Contacts

Chris Hanslik

Andrew Pearce

BoyarMiller