EMPLOYMENT

COMMON EMPLOYMENT TRANSACTION WORK DONE FOR PDH CLIENTS

On behalf of PDH clients we routinely advise, prepare and negotiate regarding the following:

• Employment and Independent Contractor agreements
• Confidentiality and Non-Disclosure agreements
• Employment Separation agreements
• Executive and Management Compensation programs
• Company Bonus programs
• Long-Term Equity and/or Stock Option plans
• Employment Policies and Employment Procedures manuals
• Warning and termination documentation
• Sexual harassment training and investigation

COMPLEX EMPLOYMENT TRANSACTION WORK DONE FOR PDH CLIENTS

Our more complex practice focuses on assisting clients with the difficult balancing of interests involving key employee relationships. Training and sharing information with such key employees empowers them to work productively, but it also risks the loss of goodwill and perhaps the intellectual property of the client should the key employee leave, moonlight, etc. We advise our clients how to protect their goodwill and intellectual property – often their most valuable asset – through use of non-compete, non-circumvention and confidentially agreements. We also help our clients offer stock options, complex vesting requirements, phantom stock programs and similar measures designed to motivate key employees and to deter their defection to competitors.

EMPLOYMENT LITIGATION FOR PDH CLIENTS

If the need arises we defend our clients against employee lawsuits and claims by various governmental agencies. Examples of our litigation services include employment discrimination litigation, workers’ compensation retaliation claims, sexual harassment, wrongful termination, defamation, whistle blower, and similar employee claims.

• Defending claims asserted under employment agreements
• Defending Texas Pay Day Act claims
• Lawsuits Based Upon the Civil Rights Acts of 1964 and 1991
• Age Discrimination in Employment Act Defense
• Title VII Cases based on race, sex and religion
• The Fair Labor Standards Act
• Section 451 of the Texas Labor Code (Retaliation for Filing Workers’ Compensation Claims)
• Non-subscriber defense cases

On occasion we find ourselves representing an executive or officer against non-client employers who violate an employee's contractual and/or statutory rights. Our firm’s employee plaintiff work usually focuses on disputes over executive compensation arrangements, employee stock options, earn outs and the sale/merger of business assets. We routinely handle such disputes on a contingency fee basis. We also find that being on both the plaintiff and defense side of employment disputes sharpens our focus and planning expertise when we advise our business clients on employment matters.

EMPLOYMENT DEALS AND DISPUTES

In particular PDH has recently been involved in:

• Negotiation and preparation of employment agreements and stock option plan for client management team.
• Advised on the restructuring of a national medical laboratory, bringing in new key manager shareholders with stock and stock options vesting tied to performance.
• Evaluated the enforceability of non-competition agreements in Texas and elsewhere for firm clients.
• Negotiated separation agreement of construction company co-founder, with company sales in excess of $100 million.
• Worked on employment structure issues in connection with consolidation of two largest companies in niche industrial services sector.
• Represented CEO hired following recapitalization of largest industrial services company in its market sector (annual revenues of $120 million).
• Confidential settlement (including permanent injunctions) of claims asserted by a national manufacturing firm against two former employees for breach of a non-compete and non-circumvention agreement, as well as misappropriation of intellectual property.
• Successfully defended a drug and alcohol testing firm in multiple jury trials from claims asserted that led to employee terminations.
• Settlement for nominal amount of sexual harassment claim asserted against national medical laboratory and one of its shareholder/executives.
• Recovery for multi-national company of monies misappropriated by a former executive through settlement and forced sale of executive’s real estate assets
• Representation in arbitration of software company on employee/shareholder claims of wrongful termination, breach of fiduciary duty and shareholder oppression claims where arbitration award was less than dollar amount offered by client prior to assertion of claim.
• Successful jury trial defense of corporate employer, who was not a subscriber to Texas Workers' Compensation, whose employee suffered a severe burn on a jobsite.
• Confidential settlement on behalf of CFO/shareholder against technology company posturing to go public, on claims of shareholder oppression forcing a buyout at a confidential price.
• Confidential settlement of CEO claims over wrongful termination, age discrimination, and breach of contract and stock option rights with a complicated vesting schedule.
• Confidential mid-six figure settlement on behalf of foreign national former division manager against a global oilfield services company, complicated by Foreign Corrupt Practices Act issues.
  

Carey Scott Davis,
Managing Shareholder
Email Carey