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Labor, Employment, OSHA, and Discrimination Disputes and Counseling

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Overview

The Firm routinely advises, arbitrates, and litigates on behalf of employers and employer groups involving all types of disputes and issues that arise in the employment relationship, including matters arising under Title VII, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Fair Labor Standards Act, the Family and Medical Leave Act, the Employment Retirement Income Security Act, the National Labor Relations Act, the Texas Labor Code, and common law claims frequently asserted along with allegations of wrongful termination, such as slander and the intentional infliction of emotional distress.  The Firm also represents clients in matters before the Equal Employment Opportunity Commission, the Texas Commission on Human Rights, the National Labor Relations Board, and the Texas Workforce Commission. 

Section members are frequent speakers at seminars for lawyers and human resource managers, and we prepare and present training seminars tailored to the needs of the individual client, such as new employee orientation or periodic compliance training.  The following in-house seminars also have been approved for Continuing Education credit by the Texas Department of Insurance and the insurance departments of some other states:

Employee Misconduct and Workplace Torts – Approved for 1.5 hours of Continuing Education credit in Texas and Arkansas

Opting Out – Texas Non-Subscriber Law – Approved for 1 hour of Continuing Education credit in Texas

Corporate Representative Deposition 101 - Approved for 2 hours of Continuing Education credit in Texas

Some of our recent trials of labor and employment cases include the following:

Virginia Salazar and Debbie Brugo v. Radiology and Imaging of South Texas, LLC - 2012
Court:  United States District Court for the Southern District of Texas, Corpus Christi Division
Description:  Retaliation case where we represented the defendant employer
Result:  Settled on the fourth day of trial

Stephanie Weldy v. Donald Hatch and Steve Walker - 2011
Court:  United States District Court for the Southern District of Texas, Corpus Christi Division
Description:  Civil rights action
Result:  Defense verdict for our clients

Cleofas Stewart v. Signet Maritime Corporation - 2010
Court:  United States District Court for the Southern District of Texas, Corpus Christi Division
Description:  Equal pay act claim
Result:  Defense verdict for our client

Elvira Portillo, et al v. Specialty Retailers, Inc. - 2010
Court:  Arbitration in New Mexico
Description:  Claim for workplace discrimination and retaliation
Result:  The arbitrator ruled in favor of our client on all claims.

Jose Sanchez v. Stallion Oilfield Services - 2009
Court:  79th District Court of Jim Wells County, Texas
Description:  Workers’ compensation retaliation claim
Result:  Defense verdict for our client

Chelsey Webster v. J. M. Davidson, Inc. - 2007
Court:  Arbitration
Description:  Workers’ compensation retaliation claim
Result:  Arbitration award for our client, the defendant.

In the Matter of Arbitration between Occidental Petroleum Corp. and CITGO Petroleum Corp. - 2007
Court:  Arbitration
Description:  Dispute regarding costs for complying with a HSWA corrective action at a refinery
Result:  Arbitration award in favor of our client

Claude V. D’Unger v. The Ed Rachal Foundation, et. al. - 2006
Court:  148th District Court of Nueces County, Texas
Description:  Breach of contract and Sabine Pilot case against our client, the employer
Result:  The Supreme Court of Texas reversed and rendered a judgment in favor of our client.

Sherry Love v. Bealls Department Stores - 2005
Court:  Arbitration
Description:  Family Medical Leave Act discrimination case
Result:  Arbitration award for our client, the defendant

Estate of Jonathan Mascheck v. The County of Jim Wells, Texas - 2005
Court:  United States District Court for the Southern District of Texas, Corpus Christi Division
Description:  Wrongful death case involving a jail suicide
Result:  Directed verdict for our client, Jim Wells County, Texas

B. C. Equipment Sales, Inc. v. I. E. Miller-Fowler Trucking, LLC - 2005
Court:  347th District Court of Nueces County, Texas
Description:  Breach of contract case
Result:  The first trial resulted in a defense verdict for our client.  Upon retrial, the jury awarded approximately one-half of the damages being sought by the Plaintiff.

Beverly Fridie v. Edinburg Chamber of Commerce - 2004
Court:  United States District Court for the Southern District of Texas, McAllen Division
Description:  Section 1981 racial discrimination case
Result:  Verdict for our client, the defendant

Love v. Bealls Department Stores - 2004
Court:  Arbitration in Victoria, Texas
Description:  Workplace discrimination claim
Result:  Award for our client, the defendant

Some of our recent appeals of labor and employment cases include:

Weldy v. Hatch, 2012 U.S. App. LEXIS 8746 (5th Cir. 2012) - The Court of Appeals affirmed the judgment of the District Court in favor of our client, the Defendants-Appellees, on excessive force and assault and battery claims.

Salinas v. Briggs Ranches, 350 S.W.3d 218 (Tex. App. – San Antonio 2011, no. pet) – In affirming a take-nothing judgment in favor of our client, the Court of Appeals agreed with our client regarding the elements that must be proven before holding an employer liable for the tortuous conduct of an off-duty employee on the employer’s premises.

The Ed Rachal Foundation v. Claude D’Unger, 207 S.W.3d 330 (Tex. 2006) – The Texas Supreme Court found in favor of our client, determining that there was no breach of contract arising out of an alleged wrongful termination of employment.

J.M. Davidson, Inc. v. Webster, 128 S.W.3d 223 (Tex. 2003) – The Texas Supreme Court reversed a decision by the trial court against our client regarding a motion to compel arbitration of a wrongful termination lawsuit and remanded the case to the trial court to determine the scope of the arbitration agreement.

Salazar v. Lopez, 88 S.W.3d 351 (Tex. App.–San Antonio 2002, no pet.) – The Court of Appeals affirmed the ruling of the trial court in favor of our client, finding no jurisdiction based on sovereign immunity in connection with a wrongful termination lawsuit.

Delgado v. Jim Wells County, 82 S.W.3d 640 (Tex. App.–San Antonio 2002, no pet.) – The Court of Appeals affirmed the trial court’s grant of a no-evidence motion for summary judgment in favor of our client based on a plaintiff employee’s claim brought under the Texas Whistleblower Statute.

Ybarra v. H.B. Zachary Co., 2002 Tex. App. LEXIS 4658 (Tex. App.–Corpus Christi 2002, no pet.) – The Court of Appeals affirmed the trial court’s grant of a directed verdict in favor of our client regarding a plaintiff employee’s claim for retaliatory discharge for filing a worker’s compensation claim.

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