Every employer is covered by at least one state or federal employment law, and frequently by multiple laws. Our employment attorneys assist business owners in negotiating the day-to-day maze of those laws. And, because employment problems can, and frequently do, turn into lawsuits, our employment lawyers are skilled in the courtroom. We have litigated virtually every type of employment discrimination case, and that considerable jury trial experience provides the insights to advise employers on the steps needed to avoid litigation. Our goal is always to focus on helping clients run their businesses in a way that keeps them out of court. But when a trial is the best option, we have the experience and skill to be zealous advocates.
From counseling clients about hiring and firing decisions, to drafting employee benefit plans and non-competition agreements, our employment attorneys handle matters with an eye toward litigation–-with the goal of preventing it.
Labor and Employment
Our clients routinely call on us for guidance in negotiating and drafting executive compensation agreements, employment contracts, trade secret and confidentiality agreements, non-compete and non-solicitation agreements, and substance abuse policies. In addition, we actively counsel clients in all aspects of personnel relations and policy development, including compliance with Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), the Texas Commission on Human Rights Act, the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), and other federal and state laws.
We assist clients with issues relating to workplace violence, whistleblower litigation, and employee privacy issues, frequently defending them against claims of negligent hiring, retention, supervision, or assignment, and against claims of workers’ compensation retaliation or discrimination. We handle litigation claims to enforce or defend employment agreements, including confidentiality and non-compete agreements.
Our attorneys regularly handle wage-hour compliance issues, work force reductions and plant closings, sexual harassment and EEO charge investigations, and wrongful discharge matters. We have represented employers in agency proceedings, EEOC investigations, and injunctive proceedings. We work with our clients in an effort to avoid liability and litigation. Should litigation arise, however, we have represented clients in all aspects of employment litigation in state and federal court and any subsequent appeals.
We have defended public entities in claims involving allegations of deprivation of civil rights and First Amendment issues, procedural and substantive due process, sovereign immunity, and immunity of public officials sued in their official and individual capacities.
We have represented employers in labor disputes with unionized employees, under the Railway Labor Act and the National Labor Relations Act.
We also advise clients on tax and ERISA compliance and administrative matters relating to welfare benefit plans, retirement plans, and executive compensation arrangements. We have extensive experience in benefit design and compliance, evaluation of funding alternatives, the taxation of benefits, and the coordination of such plans with an employer’s existing employee benefits program.
Representative Labor, Employment and Benefits Matters
Marsh USA Inc. v. Cook, 354 S.W.3d 764 (Tex. 2011), reversing, 287 S.W.3d 378 (Tex. App. – Dallas 2009).
Ashfaq v. Anderson, 603 F. Supp. 2d 936 (N.D. Tex. 2009)
Muncy v. City of Dallas, Tex., 334 F. 3d 394, (5th Cir. 2003)
City of University Park v. Van Doren, 65 S.W.3d 240, (Tex. App. – Dallas, 2001)
Simmons Airlines v. Lagrotte, 50 S.W.3d 748, (Tex. App.-Dallas, 2001, pet. denied)
Intevep, S.A. Research and Technological Support Establishment v. Sena, 41 S.W.3d 391, (Tex.App.-Dallas, 2001)
Sherrod v. American Airlines, Inc., 132 F.3d 1112, (5th Cir. 1998)
Clark v. Kraft Foods, Inc., 18 F.3d 1278, (5th Cir. 1994)
Jones v. Flagship Intern., 793 F.2d 714, (5th Cir. 1986), cert. denied 479 U.S. 1065 (1987)
Barber v. American Airlines, Inc., 791 F.2d 658, (8th Cir. 1986), cert. denied 479 U.S. 885 (1986)
Smith v. Flagship Intern., 609 F. Supp. 58, (N.D. Tex. 1985)
Donavon v. American Airlines, Inc., 686 F.2d 267, (5th Cir. 1982)
Donavon v. American Airlines, Inc., 514 F.Supp. 526, (N.D. Tex. 1981)
Brown v. American Airlines, Inc., 593 F.2d 652, (5th Cir. 1979)