• Intellectual Property and Trade Secrets – Employers have a vested interest in protecting their most critical assets, including their intellectual property. Likewise, employees have the right to protect creations of the mind that are solely and truly theirs. While non-competes, work-for-hire agreements, and other employment agreements can help reduce exposure to disputes over the misuse or misappropriation of intellectual property, and provide options for recourse and remedy, many focus on general disagreements over whether or not those assets were developed during work or “off hours,” involved the use of an employer’s resources, or are in the same or similar field.
• Misappropriation of Trade Secrets – Employers can take action when an employee dishonestly or wrongfully obtains, misuses, or provides others with trade secrets and confidential information that hold value for competitors who do not use them. Plaintiffs must meet several requirements, including having taken reasonable measures to protect them, in order to have a valid misappropriation claim under the Texas Uniform Trade Secrets Act (TUTSA) and benefit from injunctive relief and possible damages.
• Breach of Fiduciary Duty – Employees and other fiduciaries have a legal obligation to act in their employer’s best interests, and they can be held liable when any contractual or legal duty is violated. Prevailing in a breach of fiduciary duty claim against an employee, requires proof of several legal elements, including the existence of a fiduciary relationship, the breach of duty, and that the breach resulted in damages, and invalidating such claims demands a thoughtful and compelling defense.
• Breach of Contract – Contractual agreements can be breached in numerous ways when it comes to employment arrangements. Aside from issues involving breach of fiduciary duty and other causes of action, employment disputes based on a contractual breach commonly involve non-compete violations and confidentiality or non-disclosure agreements (NDAs). When properly crafted and established, these agreements can provide grounds for legal action, as well as equitable remedies. However, effectively enforcing an agreement, winning a breach of contract case, or defending against one, requires tailored legal strategies and the ability to pursue and prevail in the most favorable means for resolution.

Resolving employment disputes, as with any business dispute or disagreement, requires an extensive depth of legal knowledge, business industry insight, and a multi-disciplinary approach to secure a positive resolution through the most appropriate means.

At Hendershot Cowart P.C., our Houston employment dispute attorneys have a reputation for excelling not only in helping clients reduce risks of disputes through proactive counsel and the drafting, review, and negotiation of vital agreements and protections, but also for helping clients protect their rights and interests responsively when disputes arise – through out-of-court negotiations, mediation, arbitration, and litigation when necessary.

Hendershot Cowart P.C. - Trust Proven Texas Employment Dispute Attorneys

Whether you are looking to enforce an existing agreement, allege or defend against a dispute, or wish to learn more about proactively creating safeguards tailored to your employment situation, you can be confident about placing your trust in Hendershot Cowart P.C.