Practice Info

Wrongful discharge cases including:

• Age Discrimination
• Disability Discrimination
• Gender Discrimination
• Sexual Harassment
• National Origin Discrimination
• Workers Compensation Discrimination
• Whistleblower
• Family and Medical Leave Act
• Overtime (Wage & Hour Litigation)
• FMLA

Employment Contracts:

• Negotiation
• Litigation
• Non-Competition
• Agreements
• Confidentiality Agreements
• Executive Compensation Contracts

Helpful Hints:

Employment law is typically very different than most other areas of law in that, generally, various conditions need to be satisfied before litigation can commence. For example, someone who feels that they have been a victim of employment discrimination on the basis of age, gender (including sexual harassment), national origin or disability must first file a Charge of Discrimination with either of two agencies, the Equal Employment Opportunity Commission (EEOC) or the Texas Workforce Commission/Division of Civil Rights. Our lawyers will assist clients with the drafting and filing of these charges.

Timeliness is a critical and complicated aspect of employment discrimination claims. Typically, charges of discrimination must be filed within 180 days of a discriminatory event (such as termination) however there are provisions for filing as late as 300 days after the discriminatory event. Our practice experience confirms that clients who file their charges within 180 days will typically have more strategic options available to them, therefore it is recommended that filing take place within this time frame. An explanation of the strategic considerations are discussed below.

Strategic Considerations in Discrimination Cases:

In Texas, when a person files a Charge of Discrimination with the EEOC, it is contemporaneously filed with the Texas Workforce Commission/Division of Civil Rights. After the EEOC completes its investigation (in Houston and other major cities in Texas the Texas Workforce Commission/Division of Civil Rights investigation of the claim is conducted by the EEOC) a right to sue letter is provided giving you 90 days from its receipt to file a lawsuit in Federal Court. In some situations, however, it is preferable to also request a right to sue letter from the Texas Workforce Commission/Division of Civil Rights. This right to sue letter provides for a 60 day timeframe in which to file suit. If the employer in question is Texas based, Federal Court (typically a more difficult forum for employees to prevail) can be avoided and suit can be brought in state court, typically a more favorable forum. There are other strategic considerations concerning the charge filing process which we will be happy to discuss with you in the event you consult with Rosenberg & Sprovach.

Non Competition Agreements:

Non competition agreements are often found in employment agreements and may of them simply are not valid. They are often used as deterrents and strong arm tactics by employers seeking to prevent people from earning a living in their chosen profession. Our lawyers have handled many cases involving non competition agreements and would welcome the opportunity to discuss your particular situation with you.

Workers Compensation Retaliation:

It is illegal for an employer to discriminate against you in any way because you filed a workers compensation claim. It is also illegal for an employer to fire you in retaliation for reporting an on the job injury even before a claim is filed. This protection only applies to an employer that actually is a subscriber under the Texas Workers Compensation Act.

Whistleblower:

Typically, whistleblower claims only apply to people who work for public entities such as school districts and governmental agencies. The law protects people who report violations of law to appropriate law enforcement authorities. If you believe that you have a whistleblower case, it is important that you make an appointment to see us as soon as possible, as the law is very tricky. You only have 90 days to file a lawsuit, BUT before doing so you must first utilize any grievance process available to you.

Other professions in the private sector offer whistleblower protection as well, such as the nursing industry and other healthcare related industries.

Public Policy Exception:

Although employment in Texas is typically "at will", meaning that an employer is at liberty to fire an employee for a good reason, a bad reason, or for no reason at all, Texas law makes it illegal to fire somebody who has refused to perform an act that would be a violation of law. Our firm has successfully handled many of these types of cases.