Wrongful Termination, Discrimination, and Harassment Claims 

At Bruster PLLC, we help employees assert claims for wrongful termination, sexual harassment, discrimination, hostile work environment, retaliation, and failure to accommodate disabilities based on Title VII, the Americans with Disabilities Act (ADA), the Family Medical Leave Act (FMLA), and other employment laws. Title VII generally covers discrimination based on race, color, religion, sex, or national origin. The Americans with Disabilities Act relates typically to discrimination based on a disability or failure to accommodate a disability. The FMLA protects eligible employees' right to take unpaid leave for certain family and medical reasons. Many of these claims provide protection for employees who exercise those rights from retaliation by their employer. Potential damages depend on the circumstances of the case and the particular statute at issue. Damages can include back pay, front pay, and compensatory damages for emotional distress. Some statues may also allow for punitive damages in cases of intentional discrimination, subject to statutory caps based on employer size. Other statutes may permit liquidated damages equal to back pay for willful violations but do not allow compensatory or punitive damages.  

Non-Compete and Non-Solicitation Agreements

At Bruster PLLC, we help employees who have non-compete or non-solicitation agreements enforced against them by their employers. Non-compete agreements in Texas are generally enforceable, but they must meet specific requirements to be valid. To be enforceable in Texas, a non-compete agreement must be ancillary to an otherwise enforceable agreement and protect a legitimate business interest. The agreement must also have reasonable limitations in terms of time, geographic scope, and the scope of activities to be restrained. Texas courts tend to favor the enforcement of non-competes, but they scrutinize these agreements to ensure they don't unreasonably restrict employee mobility or hinder legitimate competition. Common disputes concerning non-compete agreements often revolve around the reasonableness of their restrictions. Geographic limitations must also be reasonable and are often disputed. Additionally, disputes may arise over the consideration provided by the employer, which must be reasonably related to the need to restrain competition, such as providing confidential information or trade secrets. Employers may seek to enforce non-competes through court-ordered injunctions or by pursuing monetary damages, while employees may challenge the agreements' validity or seek declaratory judgments to clarify their obligations.  

Overtime, Commissions, and Unpaid Wages

At Bruster PLLC, we help employees recover the compensation they are due from their employer. One way we help employees is through misclassification cases under the Fair Labor Standards Act. A common misconception is that a salaried employee is automatically "exempt" from the FLSA. Being salaried alone may not exempt an employee from overtime under the FLSA. Instead, employees must qualify for a specific exemption from the overtime requirements under the FLSA. As a result, employers often misclassify employees who should receive overtime compensation as exempt. Employees who are misclassified may be entitled to overtime pay from their employer and even liquidated damages.  
We also help employees recover commissions and unpaid wages owed by employers. Employers may miscalculate or intentionally withhold commissions owed to employees. Employers may simply refuse to pay employees wages or other payments owed to the employee. Those employees are often ill-equipped to fight for their hard-earned commissions and wages. We can give employees the litigation power they need to recover owed commissions.