Employment

We provide aggressive and cost-effective defense against employment-related claims in both state and federal courts. We regularly represent clients in investigations and litigation over employment, non-competition, non-solicitation, confidentiality, severance agreements, and theft of trade secrets, including the time-sensitive injunctions and restraining orders that often are important parts of these disputes. We defend the interests of employers on either side of a controversy — seeking enjoining former employees from doing harm or freeing new employees from unreasonable restraint.

We also represent employers in investigations and administrative proceedings before state and federal agencies, such as the U.S. Department of Labor, the EEOC, the Texas Commission on Human Rights and the Texas Workforce Commission.

Our experienced team regularly counsels clients on risk prevention and assist clients with compliance issues relating to employment law and prevention of claims including counseling clients regarding hiring and terminating employees, leaves of absence, layoffs, unemployment compensation, employment handbooks and policies, and conducting employee and management training. Our experienced team reviews and revises existing policies and procedures or helps to create a new employee handbook from scratch. Then we help our clients manage and effectively implement the policies, ensuring that they become part of the routine business practices. We frequently draft employment contracts, non-disclosure agreements, and anti-competition-hiring-solicitation agreements for our clients.

We advise clients on wage and hour matters involving employee classification, paycheck requirements, bonus calculations, vacation pay, uniforms and dress codes, and timekeeping.

We also counsel clients and litigate issues related to the following:

Wage and hour issues
Employment discrimination
Harassment and retaliation
Retaliation and wrongful discharge
Title VII, ADA and FMLA compliance
Severance arrangements and employment contracts
Non-competition and non-solicitation agreements
Plant closings and mass layoffs
Workplace privacy (including drug, alcohol and disease testing)

We also frequently represent companies and executives in connection with employment, consulting and severance agreements. Our lawyers design change of control agreements, deferred compensation plans, incentive compensation plans, supplemental executive retirement plans, and excess benefit plans.

Related Practices

Experience

Non-Compete and Trade Secrets

Successful resolution of claims brought against oilfield service provider alleging theft of business opportunities and trade secrets.
Representation of an oilfield service provider against claims asserted by a shareholder alleging breaches of the company agreement following a reorganization.
Obtained a temporary restraining order and permanent injunction against a former employee to enforce non-disclosure, non-competition, and non-solicitation provisions.
Representation of an engineering and logistics company in an employment suit alleging negligence and breach of contract.

Workplace Safety and Health

Obtained summary judgment in an oilfield accident personal injury case on behalf of employer.
Early dismissal of claims brought against a pipe manufacturer in a personal injury lawsuit.
Obtained summary judgment in a personal injury case involving catastrophic injuries on behalf of the premises owner.
Representation of an international government contractor at trial in a sexual assault and fraudulent inducement case resulting in a verdict for the defendant.
Representation of a chemical manufacturer in defending claims of personal injury by a guest who claims he sustained catastrophic injuries at the client’s plant.
Defended a company in a malicious prosecution and sexual harassment lawsuit.
Representation of an American engineering, procurement, and construction company in a $145 million suit alleging rape, sexual harassment, and fraud filed in the Southern District of Texas. After a three-week trial, the jury ruled in favor of our client.
Primary employment counsel for a national drive-in fast-food restaurant chain in multiple employment litigation matters, including suits alleging harassment, racial and age discrimination, violations of the Family and Medical Leave Act (FMLA), sexual harassment, and sexual discrimination.
Representation of an oilfield service provider against claims asserted by shareholder alleging breaches of the company agreement following a reorganization.

Fair Labor Standards Act (FLSA)

Representation of an oilfield services company in several collective and class action lawsuits in Pennsylvania and Ohio. The cases have asserted a variety of alleged FLSA violations, including misclassification allegations and issues regarding calculation of the regular rate for purposes of overtime. These cases have often asserted state law class action claims in addition to the FLSA collective action.
Obtained judgment as a matter of law in favor of defendant in FLSA case after plaintiff presented her case to the jury, alleging misclassification.
Representation of stainless steel tube manufacturer in an employment suit alleging racial discrimination and violations of the Family and Medical Leave Act (FMLA).
Representation of a specialty chemical manufacturer in defending against a claim of age discrimination.
Representation of an oilfield services provider in FLSA collective and class action lawsuit.
Representation of numerous clients in FLSA individual and collective action lawsuits in the Southern and Western District of Texas, including a case alleging misclassification of an employee as independent contractor.