Victories

Our Texas employment lawyers successfully fight for employee rights. Most employers insist that settlements be kept confidential. However, we are very proud of the following published opinions that are in the public record.

Fighting Race Discrimination in the Dallas Police Department
Our Texas employment attorneys represented a crime scene detective who claimed that the nearly all white crime scene unit sought to exclude African-Americans. After intense litigation in federal court, the City approved a settlement. Our Texas employment attorneys continue to vigorously pursue race discrimination claims on behalf of other police offices and public employees.

Winning Reinstatement and Back Pay for a DISD Grant Manager
One of our Dallas employment lawyers represented a Dallas Independent School District Grant Manager in a race discrimination action against DISD.  DISD fired our client after the Office of Professional Responsibility incorrectly alleged that out client violated DISD policy.  We represented our client in a grievance hearing before trustees of the DISD School Board.  The trustees voted unanimously to reinstate our client, with back pay. Read the decision from this DISD grievance hearing.

Forcing AT&T to Extend Benefits to Gay and Lesbian Domestic Partners
Through negotiation and a media campaign, our Dallas employment lawyers forced AT&T to change its policy to allow gay and lesbian domestic partners to take family and medical leave. Consistent with their former policy, AT&T had denied our client the right to take time off work to care for his partner after a stroke. The new policy took effect February 1, 2010. AT&T is the eighth largest company in America and employs over 300,000 workers.

Battling Public Employers to Pay Employees Overtime
Our Texas employment lawyers represented a group of employees in an overtime dispute. The employees were not properly compensated for their on call time. While on call, each employee was required to actively monitor their radios. We were able to settle the case for over $500,000. If you believe you have a similar matter and desire representation, please submit your case.

Winning Reinstatement for a School Counselor
Our employment lawyers represented a Dallas Independent School District counselor in a whistleblower action against DISD.  The counselor was notified she would be terminated after she blew the whistle on alleged TAKS testing violations. We appealed the termination through the TEA’s administrative process. In the end, members of the DISD School Board reviewing the matter voted unanimously to reinstate our client.

Winning the Right for Group Home Caregivers to be Compensated for Sleep Time
Our Texas employment lawyers at Rob Wiley, P.C. represented several residential care givers who provide group home care to mentally challenged residents. The caregivers worked from the afternoon until the following morning. A significant amount of their work time is spent sleeping on the premises, where they are forbidden from seeing friends and family, have limited telephone use, and are not allowed to leave the home. The employer did not pay the employees for approximately eight hours each night of sleeping time. In competing summary judgment motions, and after responses, replies, and surreplies, the Federal District Court Judge granted our motion and denied the defendant's motion. The case is Ranson, et al. v. Newstart, Inc., et al., 4:07-cv-240-y (N.D.Tex. Aug. 28, 2008).

Winning the Right for State Employees to Take Medical Leave
Our Dallas employment attorneys represented an individual who was fired for absenteeism by the University of Texas at Dallas. Our client contended he was on medical leave as authorized by the Family and Medical Leave Act (FMLA) when he was fired. The State of Texas argued that the federal government has no authority to pass such a law and that such a law is unconstitutional as applied to the State of Texas. Unfortunately, this "states rights" view has been adopted in this area of the country. However, in a genius move, we also sued the president of the University of Texas at Dallas under a precedent from a 1908 Supreme Court case called Ex Parte Young. The Federal District Court Judge, a very smart and highly respected judge, did not buy our end run around states rights, and dismissed the case. We appealed to the Fifth Circuit Court of Appeals where we faced off against the Solicitor General of the State of Texas. In a unanimous opinion, a panel of three appellate judges ruled in our favor. The Fifth Circuit held that our case was governed by the 100-year-old precedent and that we met all elements of the test. This is a huge civil rights and employment victory, as it effects all employees of the State of Texas; indeed the largest employer in Texas is the state, its agencies, and universities. The case is Nelson. v. University of Texas at Dallas, et al., 535 F.3d 318 (5th Cir. 2008).

Making DISD Pay for Fraud Regarding HIV and AIDS Education Funding
Our Dallas employment lawyers represented a Dallas Independent School District employee who alleged that the DISD was misusing HIV and AIDS funding. This suit asserted the misuse of federal funding. Specifically, our suit alleged that money intended for HIV and AIDS programming was instead being used for general purposes. In the end, DISD paid $336,472.50 to settle the suit.

Turning the Tables on Bombardier Flexjet
The Texas employment attorneys at Rob Wiley, P.C. represented a Bombardier Flexjet Pilot who was forced to sign a training reimbursement agreement in connection with his employment. When the pilot left to join another company, Flexjet sued to collect its training costs. Turning the tables on the company, we countersued for deceptive trade practices. After a week-long trial, the jury found no breach of contract against the pilot. Instead, the jury sided with us and found that Flexjet’s actions were deceptive trade practices. Contact us if you believe that you have a similar claim.