Helping Your Business Through Litigation Defense And Counseling

If you are part of a small or medium sized business organization, have you ever decided that you would not call a Texas employment lawyer with a quick question because you knew you would be charged at the end of the month?  Are you an in-house lawyer or HR manager in Texas who has a technical question about employment law?  Do you have that tricky workers’ compensation/Americans with Disabilities Act/Family and Medical Leave Act question?  Wouldn’t it be nice to be able to be able to pick up the phone, get an answer to your question from a trusted expert in employment law in Houston, Texas, and then go about your day?

 

Oberti Sullivan LLP has a “flat fee counseling” agreement.  Most employment lawyers will tell you that the biggest mistake employers make is to terminate an employee, or make some other significant employment decision, without first consulting an expert.  Through this service, Oberti Sullivan LLP makes it possible for your company to avoid this potentially costly mistake, and obtain its expert legal advice, all for a reasonable flat fee.

If you have ever received Notice of a Charge of Discrimination from the EEOC, it will look deceptively simple.  Typically, a former employee has written a few sentences explaining that he or she believes that he or she is the victim of unlawful discrimination.  The EEOC provides information about its mediation program and asks for a “position statement.”  Responding to these charges, however, is anything but simple.  The process is fraught with peril.  And, one wrong move can have very bad consequences. For example, in McInnis v. Alamo Comm. College Dist., 207 F.3d 276, 283 (5th Cir. 2000), the court ruled for the employee partly because the employer’s letter to the EEOC explaining the facts “contained false statements …”  We have prepared numerous accurate and persuasive position statements to the EEOC.  We have also dealt with the EEOC and its investigators on a frequent basis; we understand the law and the process, and we can zealously represent your interests.  You also need cost predictability.  Once you call Oberti Sullivan LLP and allow us to look at the allegations, we can offer “flat fee EEOC position statements” in single plaintiff cases. As you may know, even when the EEOC dismisses the employee’s Charge of Discrimination, the employee may still file a lawsuit. If that occurs in a case where Oberti Sullivan LLP handled the response to the employee’s Charge of Discrimination at the EEOC level, and you hire our Firm to defend the lawsuit, we will credit the fee charged to prepare the position statement back to your company.  

We also defend cases against the EEOC. We recently obtained summary dismissal and a final judgment on behalf of its client against the Equal Employment Opportunity Commission in Houston. The EEOC's lawsuit alleged that the employer fired the employee because she wanted to pump breast milk at work."  The judge agreed with Oberti Sullivan LLP and dismissed the case.  Oberti Sullivan LLP's successful defense garnered national attention from many news outlets, including Reuters, USA Today, BusinessWeek, and the ABA Journal.

The lawyers at Oberti Sullivan LLP are seasoned litigation experts and persuasive advocates for their clients.  They have consistently won employment cases on summary judgment, at trial, and on appeal in state and federal courts all over Texas.  They have amassed a track record of success in employment litigation over a combined twenty years of practice.  They have litigated -- and won -- almost every type of employment claim that an employer might face in Texas.   Oberti Sullivan LLP's successful defense of its client before the EEOC garnered national attention from many news outlets, including Reuters, USA Today, BusinessWeek, and the ABA Journal.

So, when you hire Oberti Sullivan LLP to represent your company in litigation,  you get a wealth of highly valuable preexisting expertise and practical experience put to work for your company.  Because of our deep knowledge, we can provide our clients with prompt and reliable case assessments and budgets, so they can make good decisions about how to proceed with litigation early in the process.

Not only will Oberti Sullivan LLP provide your company an outstanding defense, but it will also do so at a reasonable cost.  Many large law firms have set their rates so high that their clients are forced to settle early or pay exorbitant legal fees.  Because of our efficiency, expertise, and competitive rate structure, that sort of frustrating dilemma won’t happen when you hire Oberti Sullivan LLP.  We understand that litigation is a cost and that employers have reasonable financial limitations and budgets.  We can provide cost predictability either with competitive hourly rates or a flat fee arrangement.  Given our years of experience defending Fortune 500 companies in hundreds of lawsuits, we know what it should cost to efficiently defend different types of employment cases in Texas, and we are committed to providing our services at very competitive rates. 

Many sophisticated employers train their managers on EEO compliance and unlawful harassment.  By doing so, they reduce the risk of getting sued.  And, if they are sued, the fact that they did training is likely to be looked upon favorably be a judge or jury.  For example, in Hatley v. Hilton Hotels Corp., 308 F.3d 473, 477 (5th Cir. 2002), the court found that the fact that the company gave training on sexual harassment allowed it to successfully invoke a defense to punitive damages in the case.  But not just any training will do.  You need quality training from instructors who don’t just drone on about the law.  Mark Oberti and Ed Sullivan are experienced trainers who will inspire your managers and ensure that they understand your company’s commitment to EEO and to a harassment free workplace, and know what to do to avoid costly claims.  Oberti Sullivan LLP can provide that high quality, fun, dynamic training for your upper management and supervisors at a low, cost that is well worth the investment.

What do you do if a Department of Labor Investigator calls or shows up unannounced to your Houston business?  Do you know your legal rights?  Are they performing a wage and hour investigation, an OSHA Audit, or something else?  Are your records in proper order?  Is there a whistleblower?  The lawyers at Oberti Sullivan LLP know how to guide you through the process and help advocate your legal interests in front of the Department of Labor.

During the Depression, Congress created the federal Fair Labor Standards Act (“FLSA”), which created a minimum wage and provided for overtime payments to certain workers.  Employees are suing companies for unpaid overtime with increasing frequency.  Our lawyers have defended hundreds of lawsuits arising under the FLSA.  We provide three basic services for employers:

 

• We can help you analyze your workforce to help you determine if positions are misclassified under the FLSA or if you otherwise face FLSA liability.
• We can help defend your legal interests if you are being investigated by the Department of Labor.
• We can help defend you in lawsuits brought by current or former employees seeking alleged unpaid wages.

As demonstrated in his biography, Ed Sullivan is a noted Houston overtime attorney and one of Texas’ most frequent speakers on the FLSA and unpaid overtime defense.  Both he and Mark Oberti practice frequently in this area and can help advocate for your company in these popular and dangerous lawsuits.

Ed Sullivan has released a Keynote presentation on the FLSA and Collective Action Litigation.

Employers often want to protect themselves against competition from employees who leave the company and either go to work for a competitor, or start their own business.  Texas law on non-compete agreements has changed significantly over the years.  And, it continues to evolve.   You need lawyers who fully understand the law in Texas, and stay up to date with new developments.  Mark Oberti is a subject matter expert on Texas non-compete agreements.  He regularly counsels employers regarding non-compete agreements, drafts non-compete agreements, and prosecutes and defends clients in lawsuits involving non-competition agreements.    

 

The lawyers at Oberti Sullivan LLP can help you analyze your non-compete and non-solicit agreements to help you maximize their enforceability.  We can help you draft new non-compete and non-solicit agreements and assist you in rolling them out to the workforce.  We can also help you sue former employees who violate their non-competition agreements or who misappropriate your trade secrets.  Finally, former employers sometimes sue their former employee and their new employer.  We have defended such cases, and can do so for you.

Mark Oberti has released both a treatise and PowerPoint on Texas Non-Compete Law, Trade Secrets, Texas' Inevitable Disclosure Doctrine, and Fiduciary Duties Under Texas Law.  

If your company is required to lay-off multiple employees, you need to ensure that you conduct the lay-offs in compliance with the Worker Adjustment and Retraining Notification (“WARN”) Act, the Older Workers Benefit Protection Act, Title VII, the Age Discrimination in Employment Act, and other laws that often impact lay-offs.  This can be a daunting job.  If it is not done right, it can expose your company to substantial risk of lawsuits and liability.

 

The lawyers at Oberti Sullivan LLP have counseled and advised many large, medium, and small companies through these situations on multiple occasions.  We can help you maximize your legal position and reduce your risks as you conduct lay-offs.