Protecting The Rights of Employers and Employees
I have over two decades of experience representing employers in a wide range of employment law disputes. I ran the litigation docket for a Fortune 500 company in the Houston area while at Akin Gump for three years before moving back to Dallas to start my own firm where I have taken employment cases on both the plaintiff and defense side for the last 12 years.
On the defense side, I continue to work with all types of employers, from small businesses with a continued representation of larger companies. I offer the skill and breadth of experience of a large law firm without the higher fees normally associated with a big law practice.
Areas of Practice
Employment litigation
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Discrimination actions under state or federal law: I handle claims under Title VII of the Civil Rights Act ("Title VII"), the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), the Texas Commission on Human Rights Act (TCHRA), and other state and federal employment-related laws. Whether as a plaintiff or a defendant, I will act as your advocate in hearings with state and federal agencies, including the Equal Employment Opportunity Commission (EEOC) and the Texas Workforce Commission (TWC).
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Sexual harassment claims: Including quid pro quo harassment as well as hostile work environment claims.
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Employment contract disputes: Including wrongful discharge and breach-of-contract cases.
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Retaliation: This includes claims that an employee has been retaliated against for, among other things, complaining of or opposing discrimination, or for filing a workers' compensation claim.
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Claims under the Fair Labor Standards Act (FLSA): Including overtime, minimum wage, and misclassification claims.
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Unemployment cases: Including appeals of unemployment benefits claims.
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Others: I handle employment-related claims of defamation, conspiracy, tortious interference with contract, and negligence. I also handle cases involving whistle-blowing and drug testing.
I have extensive experience in contract negotiations (and drafting) for both employers and employees with particular emphasis on the executive level and physician agreements. Whether you are at the beginning of a relationship and trying to hammer out the terms with a new employer or employee or you find yourself in a dispute and need help with a severance agreement, I put your interests first in trying to find the best resolution possible while being mindful of your goals and objectives. In the severance context, I can help maximize the benefits of such agreements without "burning any bridges" for either party.
I also handle litigation and negotiation involving non-competition agreements, confidentiality agreements, and claims of theft or misappropriation of trade secrets. As with the bulk of my practice, I regularly represent both plaintiffs and defendants in such lawsuits. As an employee, if you are in the process of taking a new job, or even if you are already working for a company, your employer or prospective employer will likely ask you to sign a non-compete or nonsolicitation agreement. These agreements should be taken seriously - though often get lost within new hire paperwork - only to become a time bomb when you get a new opportunity, or worse, when you are terminated and find out that your employer wants to limit your ability to work in the same industry.
You should consult an experienced lawyer to protect your rights when negotating any agreement that restricts your ability to provide for you or your family.
Texas law in this area is complicated and in a constant state of flux. You should have an attorney who knows the law and who has protected the rights of others in your situation.
Similarly, employers should make sure their non-competes are enforceable and that their assets are given maximum protection under Texas law. I will work with you to determine your strategic goals in having non-competes (and other restrictive covenants) and making sure those goals are being met - and when they are breached - take appropriate action. Too often, however, an attorney's knee jerk reaction is to encourage litigation against former employees - thus incurring significant costs -and potentially setting bad precedent. I look at at each case with the unique perspective it deserves before running down to the courthouse. Whether engaged for the employee or employer, I will aggressively advocate your position.
You may find yourself in a situation where your employer has violated the law, and you want to report that either internally or to an appropriate outside authority, but fear that you may be retaliated against, including being demoted or possibly losing your job. There are laws to protect you, but you should have an experienced lawyer protecting your rights. I will work with you at any stage of the controversy, whether you have just learned of possible violations by your employer and want guidance, or you have already reported perceived wrongdoing.
Some of the laws that protect whistleblowers in Texas include:
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The Sarbanes-Oxley Act of 2002, which addresses fraud in accounting and corporate governance in the wake of several well-known corporate scandals including Enron. Sarbanes-Oxley, also known as SOX, contains anti-retaliation provisions protecting employees who report company conduct that constitutes fraud against shareholders.
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The Dodd-Frank Act of 2010 broadens SOX protections and also provides broad, new whistleblower protections for employees of banks and other financial institutions who are retaliated against by their employer for opposing or providing information about conduct the employee reasonably believes may violate any of a number of consumer financial protection laws.
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Federal "qui tam" laws provide substantial financial incentives to those who expose fraud against the federal government. The federal False Claims Act, which dates to the Civil War and was amended in 1986, allows whistleblowers to claim a portion of the damages awarded in such cases.
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State laws grant various protections to whistleblowers who report illegal activity commonly referred to as Sabine Pilot or Goodyear Tire/Portilla claims.
If you find your company facing allegations of discrimination or harassment in the workplace, you have a legal obligation to conduct a prompt, thorough and unbiased investigation of the complaint. Because the person conducting the investigation necessarily becomes a fact witness, companies often look outside their ranks (and normal counsel) to have a third party investigate. I have extensive experience handling investigations stemming from internal complaints and complaints filed with the Equal Employment Opportunity Commission or the Texas Workforce Commission.
I will conduct an extensive review of the facts surrounding allegations of harassment, discrimination, or other wrongdoing, whether the charges are levied against coworkers, supervisors or the CEO. My goal in all internal investigations is to gather all the facts, assess the truth or falsity of the allegations, and provide an unbiased analysis to help you determine the best course of action.
I will review company records and interview relevant employees to prepare a comprehensive report of my findings. If requested, I will also recommend a course of action for the company to take in remedying wrongdoing if any occurred.
I will quickly and efficiently conduct the investigation so that the company can evaluate and minimize its potential exposure -including possible criminal implications.