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
- 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.
- 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.
- 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.
- Representing 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.