Employment Litigation

Employment Litigation Done Right

Schreiber | Knockaert PLLC represents individuals in employment litigation in areas as diverse as wage and hour/unpaid overtime claims, lawsuits (or threatened lawsuits) involving non-competition agreements, abuse by bosses, and wrongful termination. Employment litigation is serious. The livelihoods of workers and their families are at stake. Most people spend large portions of their lives at work and, even if work isn't always wonderful, workers are protected from violations of the law, discrimination, abuses, and illegal contracts.

Wage and hour/unpaid overtime: The Fair Labor Standards Act (FLSA) requires employers to pay overtime to non-exempt employees who work more than 40 hours in a week. Employers who mis-classify workers as exempt from overtime, and pay salary, owe back pay and fines. Non-exempt workers are those who do blue-collar work or don't have management authority.

Violations of the FLSA are serious, and are prosecuted seriously. If you weren't the only worker mis-classified and denied overtime, we can bring a class action on behalf of the other workers who were denied overtime.

The attorneys of Schreiber | Knockaert PLLC have filed suit on behalf of a class of blue-collar workers who were paid salary, and then worked at potentially dangerous levels (two weeks of 16 hours a day, with only one week off), and never paid the overtime they deserved. We brought suit on behalf of all the workers who were wrongfully denied overtime and were overworked. If you have been denied overtime and overworked, we'd love to help you get the back-pay you deserve.

Non-Competition Agreements: Non-competition agreements (also called "non-competes") operate to restrain employees from leaving a company and competing directly or indirectly with their former employer. In Texas, non-competition agreements are subject to anti-trust protection and are enforced only up to the point where they are a reasonable restraint of trade and work to protect legitimate business interests - they aren't allowed to be a naked restraint of trade.

We have represented employees, executives, and partners in businesses (including doctors) in negotiating down overly broad non-competition agreements as part of a resignation, or after termination. If you are subject to a non-compete that is going to keep you from advancing your career, we can analyze it and potentially cut it down to size or get it thrown out altogether, depending on your job, level of trade secrets you have been privy to, and where you are going to work now.

Wrongful Termination: Texas is an "employment at will" state, meaning that, generally, workers can be fired at any time, and employees can quit at any time. Employment at will, though is constrained by anti-discrimination laws including Title VII of the Civil Rights Act of 1964, the Family and Medical Leave Act (FMLA) and other provisions of law. Title VII (Title 7) protects workers and prevents employees from being fired based on discrimination due to race, color, religion, sex, or national origin. Other provisions of federal law prohibit discrimination in employment based on handicap (ADA), family status or illness (FMLA).

Schreiber | Knockaert PLLC represents employees who have been wrongfully terminated in violation of the law. We are not afraid to take difficult cases or cases that are out of the ordinary. We represented a male administrative employee who was sexually harassed by a female boss and forced to quit (constructive discharge) and received a confidential settlement that our client was extremely pleased with. We have represented victims of male-on-male sexual harassment. We will take the hard cases and we'll fight for justice on behalf of those who have been discriminated against.

Hostile Work Environment/Intentional Infliction of Emotional Distress: A "hostile work environment" under federal law is one in which the employee is harassed to such a degree that he or she can't do their job properly. This is a high standard, but some employers are this bad. Intentional infliction of emotional distress is a similarly high standard, requiring a physical manifestation of the emotional distress - nausea, sleepless nights, severe anxiety - but this, too, happens. When it does, we are there to stand up to the employer and fight for our clients.

If you would like to discuss an employment litigation case, please call us at 281-949-8904, or request a meeting, below.