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).

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.
  • Representing 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.

Litigation Group Contacts

Chris Hanslik

Andrew Pearce

Andrew Pearce

BoyarMiller