Employment Discrimination & Wrongful Termination

I represent individuals in pursing claims against employers based upon discrimination, sexual harassment, or wrongful termination.  The Texas Labor Code and federal Title VII ban employment discrimination that is based on national origin, race, color, religion and sex. Laws also prohibit discrimination because of a worker’s age, pregnancy, or disability.  An employee must file a complaint with the Equal Employment Opportunity Commission (EEOC) or the Texas Workforce Commission (TWC), generally within 180 days of the alleged discriminatory act.  

There are other types of conduct that can lead to employment lawsuits. For instance, an employee may have a right to sue if the employee complains about an unsafe and illegal workplace condition – only to be promptly fired or passed over for promotion. The employer’s retaliation can give rise to a wrongful termination claim.

Sexual harassment is a form of sex discrimination that violates Chapter 21 of the Texas Labor Code and Title VII of the Civil Rights Act of 1964. The employee may have a sexual harassment claim if the conduct interferes with her job or creates a hostile work environment.

Under federal law, certain employees have the right to take up to 12 weeks of unpaid leave per year to address a serious health condition, to care for a sick child, spouse, or parent with a serious health condition, or to care for a newborn child, newly adopted child, or a foster child. The federal law providing for these unpaid work leaves of absence is the Family and Medical Leave Act (FMLA). Protections afforded workers under the FMLA include the following:

• When you return to work after you leave, you have the right to the same or an equivalent position.

• During your leave you are entitled to get the same medical benefits you would get if you were at work.

• You cannot lose any employment benefits during your leave.

• If you qualify for a family or medical leave, you have the right to take that leave free from harassment or discrimination by your employer.

Business Torts

I represent individuals and/or businesses in pursuing or defending against causes of action for injuries and damages caused by negligence or misconduct.  I represent individuals and/or businesses in the following business tort matters:

• Disputes about ownership of entities
• Partnership dissolution disputes
• General business disputes
• Officer and director breach of fiduciary duty
• Interference with business relationships and contracts
• Breach of employee non-disclosure, non-competition and non-solicitation agreements
• Disparagement and defamation
• False advertising
• Unfair business practices and competition
• Fraud and misrepresentation
• Negligent Hiring
  
• Products Liability
  
• Premises Liability (Slip and Fall)
  

Breach of Contract

I represent individuals and/or businesses in pursuing or defending against causes of action for breach of contract.  Failure to perform as specified in a contract, or provisions of a contract, without legal excuse is a breach of contract. The following damages can be recovered in the event of breach of contract:

• Compensatory Damages - money to reimburse you for costs to compensate for your loss.
• Consequential and Incidental Damages - money for losses caused by the breach that were foreseeable.
• Attorney fees and costs - only recoverable if expressly provided for in the contract.
• Liquidated Damages - these are damages specified in the contract that would be payable if there is fraud.
• Specific Performance - a court order requiring performance exactly as specified in the contract.
• Punitive Damages - this is money given to punish a person who acted in an offensive manner in an effort to deter the person and others from repeated occurrences of the wrongdoing.
• Rescission - the contract is canceled and both sides are excused from further performance and any money advanced is returned.
• Reformation - the terms of the contract are changed to reflect what the parties actually intended.

Products Liability

A designer, manufacturer, or retailer of a consumer product has a legal responsibility to provide goods that are reasonably safe. When an injury or death occurs because of unreasonable danger, faulty construction, or improper labeling, products liability law gives the injured person or their survivor the right to seek compensation for medical bills, lost wages, long-term care, and pain and suffering.

• Auto Defects – A car crash or other motor vehicle accident is often caused or exacerbated by defective automotive products that contributed to the injury or death. These can include car seats, seat belts, or air bag defects, crushing roofs, lack of crashworthiness, SUVs that roll over, tire blowouts, and post-collision fires.
• Consumer Products – More people are injured in their homes than anywhere else, and much of the danger comes from dangerous or defective household products. I help you with your defective appliance, power tool, children’s toy, aerosol can, ladder, and garage door injuries. 
• Workplace Accidents – Beyond receiving worker’s compensation, you may be able to hold third parties responsible if their defective equipment contributed to your injury.
• Dangerous Pharmaceuticals and Defective Medical Devices– Any medical treatment involves some risk, but sometimes pharmaceutical companies or medical device manufacturers know that their products are more dangerous than they seem, but fail to warn doctors and consumers. When pharmaceuticals or medical devices injure you unexpectedly, such as Vioxx, Celebrex, or Bextra, faulty hip or knee replacement parts, non-working pacemakers, rejected artificial organs, or leaking breast implants, I want to help you.

Deceptive Trade Practices Act "DTPA"

I represent "consumers" as defined under section 17.45(4) of the Texas Business & Commerce Code from protection against  false, misleading, and deceptive practices by business and insurance companies, as well as breaches of warranty and unconscionable actions.

The DTPA prohibits a number of specific acts.  Section 17.46(b) of the Texas Business and Commerce Code contains a non-exclusive list of 25 prohibited acts. Some of the prohibited acts include:

• Passing off goods or services as those of another
• False representation
• False disparagement of goods or services of another business
• False advertising (in certain circumstances)
• Fraud by repair persons (i.e. mechanic's shops)
• False misrepresentation
• Motor vehicle Fraud
• False warranties
• Failure to disclose certain information in sales of goods and services
• False representation of business entity status
• Price gauging after a disaster

Generally, your suit must be filed within two years after the false,  misleading, or deceptive practice occurred. You MUST give written notice to the alleged violator before you file suit. Generally, the alleged violator then has 60 days to  respond with a settlement offer.

The DTPA provides for recovery of economic damages. If a court finds  the wrongful conduct was "knowingly" committed, it may award up to three times the amount of economic damages, as well as damages for mental anguish. If the  act was committed "intentionally," the court may award up to three times the economic damages. if you prevail, you will be awarded court costs and attorney's fees.

You should strongly consider hiring an attorney to represent you because DTPA language and procedures are often complex and may be confusing.