Employment disputes can be high-stakes matters for both employers and employees, whether they involve critical business assets like intellectual property, allege fraud or misrepresentation, or arise from claims that contractual terms and obligations have been breached. In order to ensure any dispute is treated with the due diligence it deserves and resolved as swiftly and successfully as possible, proven legal counsel is critical.
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At Hendershot Cowart P.C., our Houston employment dispute lawyers have amassed over a century of collective legal experience representing all types of employers and employees in matters that give rise to disputes, legal action, and litigation. Our breadth of experience and insight enable us to tailor enforcement, defense, and resolution strategies to the unique issues of a case, and to protect, mitigate, and recover for our clients through negotiation, arbitration, and mediation – or trial when necessary.
Contractual agreements between employers and employees are designed for their mutual benefit and protection. These agreements outline obligations and expectations of each party, as well as any unique and specific terms or clauses deemed appropriate. They can also provide the grounds for legal action when either party violates their terms.
The saying, “An ounce of prevention is worth a pound of cure,” is incredibly relevant to minimizing the potential for conflict and dispute involving employment arrangements. That means establishing clear and enforceable safeguards which can provide options for legal recourse and remedy, including temporary injunctions that stop an offending action, as well as a recovery of damages.
Our firm has extensive experience helping clients protect their rights and interests with the future in mind by utilizing beneficial legal measures most appropriate to their situations, including:
- Work-for-Hire Agreements
- Non-Compete Agreements, including Physician Non-Competes
- Registration of Trademarks, Copyrights, and Patents
- Licensing Agreements
- Partnership Agreements
- Independent Contractor Agreements
- Confidentiality & Non-Disclosure Agreements
Even with these types of measures in place, disputes can still arise – and threaten both employers and employees alike.
- 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.
“I cannot say enough good things about my Lawyer, Mr. David Augustus. His calm, laser-like knowledge of business law allowed me to prevail and teach a few others during the short negotiations. Having the full backing of his law firm also helped greatly.” - L.A.
“Excellent experience working with Ray to settle our partnership dissolution. He was consistently available and steadfast in his guidance. Highly recommend this firm.” - S.H.