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

Counseling

We advise clients regarding specific employment issues they face on a day-to-day basis such as hiring, termination, compliance with various state and federal employment laws, trade secret concerns, confidentiality and non-competition agreements, as well as severance arrangements and employment contracts. We also review and revise existing personnel policies to ensure that they meet all legal requirements and minimize risk.

Porter Hedges employment team partners with clients to deliver solutions through counseling to prevent litigation or offering a measured approach to dispute resolution. We regularly represent employers and their leadership in all types of employment matters, including:

  • Severance arrangements and employment contracts
  • Furloughs and mass layoffs
  • Non-competition and non-solicitation agreements
  • Employee training
  • Wage and hour issues/FLSA compliance
  • I-9 Audits
  • Internal employment investigations
  • Employment discrimination
  • Harassment and retaliation
  • Title VII, ADA and FMLA compliance
  • Theft of trade secrets

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.

Employment Litigation

Our employment practice provides tough, aggressive, and cost-effective defense of employment-related claims. We help our clients protect their competitive position through representation in administrative proceedings and litigation over a wide range of employment claims including:

  • Theft of trade secrets
  • Wage and hour/FLSA issues
  • Employment discrimination and harassment
  • Non-competition and non-solicitation agreements
  • Retaliation and wrongful discharge
  • ADA and FMLA compliance
  • Severance agreements and employment contracts
  • Plant closings and mass layoffs

We have broad experience handling a wide range of labor and employment matters, including administrative proceedings before the EEOC, NLRB, and state employment agencies. We have represented clients in numerous employment lawsuits, including complex collective actions alleging violations of the Fair Labor Standards Act and state wage laws. When necessary, we have the depth of practice to take these cases to trial.

Employee Benefits

Our lawyers offer a comprehensive approach that encompasses the financial, tax, ERISA, and other legal and administrative issues that are central to effective compensation and benefit programs, and their integration with specific employment policies and practices.

We offer the full range of benefit plan legal services and advice respecting plan design and operation, including issues related to the following:

  • Incentive Compensation and Executive Compensation Plan Design
  • Retirement Plans
  • Welfare Benefit Plans

Our lawyers always look for new techniques to meet the compensation and benefit needs of business owners and executives, while identifying ways to contain overall plan costs and avoid administrative errors that could disqualify the plans or subject the plan sponsor to excise taxes under IRS rules.

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.


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