Employment Litigation

Employment Litigation

Ana has represented both employers and employees in workplace litigation. For example, as an Assistant Attorney General, she successfully represented a state employer who was accused of creating a sexually harassing environment. In private practice, Ana successfully represented an employee who had been sexual harassed by her supervisor. She is therefore able to analyze the issues from both sides in a highly competent manner that is respectful of all with whom she comes in contact.

Employment Litigation Services For Employees

It is illegal to discriminate against someone because of a person’s protected characteristic, i.e. race, color, religion, sex (including gender identity, sexual orientation, and pregnancy) national origin, age (40 or older), or disability. It is also illegal to retaliate against a person because he or she complained about illegal discrimination, filed a charge of illegal discrimination or participated in an employment discrimination investigation or lawsuit.

If you believe you were fired, forced to resign, denied employment or denied a promotion because of a protected characteristic, or you believe you were retaliated against for complaining about illegal discrimination or participating in a related investigation, or you believe you have been subjected to a hostile work environment because of a protected characteristic, you will need an attorney to help you pursue your legal rights under state and/or federal law. We can help.

We represent employees in employment disputes arising from:

  • Title VII of the Civil Rights Act of 1964
  • Texas Commission on Human Rights Act (TCHRA)
  • Age Discrimination in Employment Act (ADEA)
  • Americans with Disabilities Act (ADA)
  • 42 U.S.C. § 1983
  • Texas Whistleblower Act

Employment Litigation Services For Employers

Lawsuit Prevention

It is not unusual for misunderstandings between employees to occur within the workplace. Left unresolved, however, these innocent misunderstandings can turn into expensive and distracting litigation. That’s why it’s important to develop and distribute clearly written employee policies and procedures that allow employees to seek remedies within your business organization before the situation escalates. By updating the policies as needed and consistently enforcing the policies among your employees, you can help employees understand and comply with your company’s rules and expectations. Well-written policies and procedures also help prevent problems that may result in discrimination complaints, and they may limit your liability should a complaint arise. If you don’t have employee policies and procedures currently in place, we can help develop the following:

  • General Non-Discrimination policy
  • Anti-Harassment policy
  • Reasonable Accommodation Policy
  • Leave Policy

Representation in EEOC Proceedings

Before a claimant can file an employment discrimination lawsuit in court, he or she must first exhaust administrative remedies by filing a claim with the U.S. Equal Employment Opportunity Commission (EEOC) and/or the Texas Workforce Commission (TWC). If you have received a charge of discrimination from either the EEOC or the TWC, we can help. We can assist you with the following:

  • Responding to the EEOC/TWC charge
  • Investigating the circumstances that led to the charge
  • Drafting a position statement explaining why the claim is incorrect or not illegal.
  • Assess whether you should participate in a mediation program
  • Present your case at mediation.

Federal and/or State Court Representation

If the EEOC and/or the TWC is unable to determine that the law was violated, a Notice-of-Right-to-Sue will be issued to the claimant. This notice gives the claimant permission to file a lawsuit in a court of law. If a lawsuit is filed, we can help. Here is why you should hire us instead of a big firm:

  • We can charge lower rates and we offer alternative fee arrangements
  • We are committed to quality client service
  • Our primary goal is to solve the problem, not to run up the bill.
  • We will work closely with you to ensure that we are pursuing the most cost-effective strategy to get the case resolved.