Discrimination
State and federal discrimination laws designed to protect employees can be a confusing area of law for employers. Pham Harrison attorneys counsel and train employers on anti-discrimination policies and practices and can help navigate this ever-changing area of law. We represent employers in front of the EEOC, the Fort Worth Commission on Human Rights, and the Texas Workforce Commission. We have successfully obtained numerous findings of “no cause” from state agencies, have been able to get suits dismissed before trial, and have obtained verdicts for employers in state and federal court. There is no need for employers to go it alone when you have an ally in Pham Harrison.
Labor relations
Pham Harrison has substantial experience and knowledge in the area of traditional labor relations. Our attorneys have represented management in connection with union representation campaigns, collective bargaining, strike preparations, labor arbitrations, and National Labor Relations Board proceedings.
Whether you have been notified of a union campaign, you work with an existing union, you are facing a strike, or are involved in charges pending before the National Labor Relations Board, Pham Harrison can help. Our lawyers will work closely with your company and your team to achieve successful employee relations.
non-compete agreements (employee)
Employers can protect themselves against unfair competition by departing employees with carefully drafted non-compete agreements. This area of the law is constantly evolving and agreements must be reviewed frequently to ensure they comply with the current laws. Once a non-compete in in place, if an employee leaves and begins violating the agreement, we spring into action to enforce the non-compete through whatever means necessary. Often, enforcing a non-compete requires swift action to obtain a temporary restraining order, keeping the employee from competing. Pham Harrison attorneys have years of experience helping employers protect their valuable company information by drafting and enforcing non-compete agreements.
Employment Counseling
The best defense is a good offense. Pham Harrison attorneys are available to advise you on all aspects of employment law, including Family and Medical Leave Act (FMLA), Fair Labor Standards Act (FLSA), workers’ compensation retaliation, discrimination, non-competes, employment agreements, employee counseling, and terminations. We understand employers need a go-to employment attorney and encourage you to call for counseling, even if you just need an area of law clarified or explained. A fifteen-minute call with one of our attorneys could help prevent a lawsuit that might cost you hundreds of thousands of dollars.
Litigation
Pham Harrison’s litigation practice focuses on representing clients when court intervention becomes necessary. Our attorneys have represented business owners and individuals in a variety of litigation matters, including contract disputes, Deceptive Trade Practices Act (DTPA), disputes over commercial payments, landlord/tenant issues, and partnership disputes.
partnership disputes
Sometimes partnerships do not end amicably and the parties are forced to take the issue to court. One common issue that arises is whether a partnership existed in the first place. Although the law in Texas can be confusing for partners, our attorneys are well-versed in helping you navigate this complex area of law. Pham Harrison attorneys have handled numerous lawsuits involving issues such as breach of fiduciary duty, existence of a partnership, value of the partnership, and ownership percentages.
RETALIATION
The fastest growing type of lawsuits against employers has been retaliation claims. Often, an employee can win a suit for retaliation when that same employee could not win the underlying discrimination suit. Pham Harrison attorneys counsel and train employers on avoidance of retaliatory actions and claims. If a claim is filed, we can put you in the best possible position to avoid an adverse verdict. Our attorneys have successfully represented employers in front of the EEOC with numerous findings from that agency of “no cause,” have had numerous cases dismissed before trial, and have obtained verdicts for the employer at trial.
FLSA/Wage and HOUR LAW
The Fair Labor Standards Act (“FLSA”) was designed to protect employees and guarantee they would be paid at least minimum wage for every hour worked, and time and a half for every hour over 40 hours in a week. The FLSA has been used more recently by Plaintiffs’ attorneys as a “gotcha” statue because employers who do not follow the strict technical requirements of the statute can be on the hook for not only the employees’ back wages, but also a penalty of double the wages as well as attorney’s fees. Due to the strict technical requirements of the statute, employers often get caught unaware when they did not realize they were in violation of the FLSA. Pham Harrison can help you understand these requirements and advise on how to avoid claims. If suit is filed, we will work with you toward the best resolution for your business. At times, that might be early settlement to avoid paying huge attorney’s fees, and at times, that may mean vigorous representation. Whatever the situation, our attorneys have years of experience advising, settling, and trying FLSA cases.
non-compete agreements (employer)
Employers can protect themselves against unfair competition by departing employees with carefully drafted non-compete agreements. This area of the law is constantly evolving and agreements must be reviewed frequently to ensure they comply with the current laws. Once a non-compete in in place, if an employee leaves and begins violating the agreement, we will enforce the non-compete through whatever means necessary. Often, enforcing a non-compete requires swift action to obtain a temporary restraining order, keeping the employee from competing. Pham Harrison attorneys have years of experience helping employers protect their valuable company information by drafting and enforcing non-compete agreements.
policy drafting and implementation
Pham Harrison has the expertise to craft employment policies that are up to date with current law and will help your company operate effectively and efficiently. We can provide day-to-day counseling to ensure your policies are implemented properly. We even provide on-site training to directors, managers, and supervisors on your policies and compliance with applicable laws, such as Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Equal Pay Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act of 1990, the Family and Medical Leave Act of 1993, the Fair Labor Standards Act, the WARN Act and many other federal and state laws