Labor and Employment

Rogge Dunn Group is an employment law and business litigation trial boutique. Three of the Firm’s attorneys are Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization: Rogge Dunn, Bryan Collins and Joshua Iacuone.

Testimonials

“Rogge, thanks for making my transition from American to United
a smooth, short and affordable flight.”


—Scott Kirby
President, United Airlines

“Rogge did an excellent job of representing me and assisting Tech in winning the Coach Mike Leach lawsuit.”


—Guy Bailey
Former President, Texas Tech University (Lubbock)

“Rogge, You are one of those five special people in a life. Serious, talented but with a big heart.”

“You remained so accessible and always attentive during a period of upheaval in our lives.  We are forever grateful for your confidence, expertise, and personal touch–I owe you.”


—Brian Horan
Former Director SC Region Medtronic (Dallas)

“When I needed a top notch attorney for advice on my employment contract, I chose Rogge. He was knowledgeable and very responsive. He protected my economic interests and professional reputation. Rogge knows how to play hardball.”

“Big league managers to Fortune 500 CEOs choose Rogge for help in employment and business disputes. Given his knowledge, experience, and reputation, Rogge is someone I have on my team.”


—Buck Showalter
Former Manager, Baltimore Orioles (Baltimore)

Expertise backed by experience in the following areas:

  • Non-Competes & Non-Solicits

    Non-Competes & Non-Solicits

    Rogge Dunn Group attorneys draft confidentiality/nondisclosure agreements and covenants not to compete to protect our clients’ trade secrets and other intellectual property. We advise companies about how to handle hiring decisions and job changes to avoid claims for misappropriation and tortious interference. When claims arise concerning the improper use or disclosure of confidential information, customer solicitation or violation of a covenant not to compete, Rogge Dunn Group lawyers can quickly investigate the facts, evaluate options and take the necessary actions. We negotiate solutions that allow our clients to accomplish their business objectives and avoid the courtroom. Some disputes, however, must be litigated. Our attorneys regularly obtain and defend against temporary restraining orders and preliminary injunctions.

  • Executive Employment Contracts

    Executive Employment Contracts

    Our attorneys routinely negotiate, draft and analyze employment agreements, benefit packages, independent contractor agreements, employee handbooks and separation/severance agreements on behalf of corporate clients. Rogge Dunn Group attorneys believe that proper contract drafting can help our clients avoid future contract disputes.

  • Discrimination, Retaliation and Harassment

    Discrimination, Retaliation and Harassment

    Today’s diverse workplace requires employers to know the evolving laws concerning discrimination. State and federal laws prohibit discrimination and harassment based on protected classes such as race, sex, religion, disability, age and trans-gender status.

    We help employees pursue claims and assist employers defending claims. Our experience of seeing these cases from both sides gives us insight into what the other side is thinking and enables us to implement effective strategies and tactics.

    Case law is continually changing, imposing new obligations on both employers and employees regarding workplace conduct. Rogge Dunn Group lawyers have litigated cases involving all categories of discrimination, harassment and retaliation. We also counsel our clients on preventive measures, including policies, training, performance appraisals, discipline and investigations.

    Companies have hired us to provide sensitivity and other training to comply with training ordered by the EEOC.

    Federal and state statutes prohibit employers from retaliating against employees who engage in protected activity to oppose discrimination, harassment or violation of other employment laws regarding overtime, family/medical leave and corporate governance. Rogge Dunn Group lawyers help employers minimize legal risks. We offer practical advice designed to provide effective solutions that permit our clients to achieve business objectives while reducing the chance of lawsuits.

  • Severance Negotiations

    Severance Negotiations

    Severance is a serious issue. For some, losing a job is as emotionally devastating as a divorce. When exploring your options, you need an objective, steady-hand to guide you through this painful, but important process to ensure you receive the compensation, benefits, and positive reference necessary to protect your future.

    Many employees and attorneys make the mistake of focusing only on the amount to be paid as severance. The monetary payment is only one aspect of severance negotiations. A good reference, accelerated vesting of deferred compensation, exceptions from non-compete covenants and other non-monetary terms are often more valuable to your career and future than simply more money.

    We take a holistic approach to your departure and severance negotiations. A smart strategy addresses more than money, it includes severance terms that will best position you to find a new job and protect your reputation and advance your career. In short, a successful severance negotiation focuses on both short and long-term goals.

    Over 30+ years, we have helped thousands of employees and executives negotiate the best severance terms achievable. Whether we work “behind the scenes” or “front and center,” we know what works, what doesn’t and how to best position you for the next chapter in your career.

  • Whistleblowing & Qui Tam

    Whistleblowing & Qui Tam

    More and more employees and executives are stepping forward and alleging wrongdoing, claiming that their employer committed fraud, or violated government laws regulating financial reporting and other corporate governance issues. These laws run the gamut from federal and state statutes protecting employees in various industries to the Sarbanes-Oxley and Dodd Frank Acts. These laws are extensive and many carry big fines, penalties and criminal liability.

    In addition to federal and state statutes governing whistleblowers, the Texas Supreme Court created the Sabine Pilot doctrine. That Texas law provides that an employee who is fired for refusing to perform an illegal act that carries criminal penalties can sue their former employer for wrongful discharge.

    We went to trial on a Sabine Pilot whistleblowing case back in 1992 and since then have gone all the way to trial on other whistleblowing and Qui Tam cases. When you face these issues, we provide you with the experience and perspective of attorneys who have handled whistleblowing cases from the investigative stage all the way through trial.

  • Commission Disputes

    Commission Disputes

    We have extensive experience helping companies and individuals with commission disputes.  These range from real estate deals, joint venture projects, whether or not commission payment structures can be changed and what commissions are owed to a salesperson and/or independent contractor if they are fired or quit; and, what commissions, if any, are owed for “deals in the pipeline.” We have been involved in lawsuits concerning Chapter 54 of Texas law, which governs commission disputes.

    We also assist companies on the front end to draft clear and enforceable commission and bonus plans. It doesn’t cost much money to draft a quality plan that does not contain gray areas. Gray areas lead to confusion, anger among salespeople, poor employee morale and, worst of all, DOL investigations or lawsuits. Companies adhering to best practices have an attorney review their commission plan once a year to be sure it complies with new Texas or federal laws. It’s kind of like going to a doctor for your yearly physical/checkup.

    SUMMARY OF TEXAS COMMISSION AND BONUS LAWS

  • Defamation

    Defamation

    As someone once told Rogge when he was a young lawyer, it takes years to build a strong client relationship, and only one mistake to ruin that relationship.  In this social media age in which we live, defamatory or negative comments about individuals or their businesses can quickly destroy a reputation and severely damage business interests.  And, it can have a devastating impact on your personal life, creating problems at home as well as getting you kicked off charity and business boards.

    Defamation law is confusing and convoluted. Generally, people have freedom of speech, but when they make defamatory statements or attack someone with malicious intent, they can be sued.  Defenses include that the statements are true, or privileged because those statements were made to people with a business need to know.

    In addition, these cases are made more difficult when made by anonymous posters on Google, Yelp and websites.

    People injured by defamatory posts, false statements or a “whispering campaign” need to proceed carefully. Anti-Slapp laws often protect individuals who speak out from being sued for defamation.

    We have handled defamation cases on both sides of this issue and forced the removal of defamatory statements from the internet as well as winning a six figure settlement for a radio personality. We also partner with a team of technology experts to purge the internet of negative information.

    Individuals accused of defamation face a significant risk.  Defamation lawsuits have recently garnered national attention showing that juries will award big damages to people who disseminate lies and defamatory comments. These include the West Point graduate who won a $8.4 million verdict, the Dallas wedding photographer who obtained a $1.08 million verdict and Taylor Swift’s defeat of a radio personality’s $3 million claim and a symbolic award to Swift of $1 for defamation.

  • OSHA, EEOC, DOL, NLRB Investigations

    OSHA, EEOC, DOL, NLRB Investigations

    Dealing with an investigation or enforcement action by the EEOC, DOL, NLRB or OSHA is never fun. The government has an unlimited budget and all too often investigators are trying to find a violation and impose a big fine. Successfully resolving government inquiries requires more than subject matter knowledge. One has to have good common sense and understand the dynamics of dealing with government bureaucrats. We maintain good relations with these authorities, which helps us broker good settlements; or, when necessary, fight the enforcement action in court.

    A representative sample of our results for clients and representative matters we handle in this area include:

    • Obtained no cause dismissal of Sarbanes-Oxley complaint DOL brought, exonerating Fortune 150 company

     

    • DOL sought $1,060,000 in back wages and fines from our Client. We quickly negotiated the payment down to only $1,900

     

    • TWC imposed personal liability on a company owner for more than $100,000. He turned to us for help.  We fought the TWC’s ruling in court and completely vindicated our client–he ended up owing nothing

     

    • Successful defense of company with 300 stores in Texas, New Mexico and Oklahoma in wage and hour enforcement action brought by DOL

     

    • Successful defense of numerous employment claims filed with DOL in North Texas against Fortune global 6 company

     

    • Successful resolution for employer of TWC enforcement action for alleged improper withholding of wages from manager’s last paycheck
  • Wage & Overtime Claims

    Wage & Overtime Claims

    Rogge Dunn Group lawyers regularly litigate wage and hour claims, including overtime and minimum wage and overtime class action lawsuits. We represent clients in wage and hour audits conducted by the U.S. Department of Labor and Texas Workforce Commission.

    We have effectively negotiated resolution of adverse DOL determinations to avoid civil penalties and interest. Our Firm works with clients to design payroll procedures that minimize the risk of overtime or minimum wage claims. We have extensive experience representing clients in industries that experience increased regulatory scrutiny, including the restaurant and hospitality, janitorial and retail industries.

Experienced, Ethical, and Effective Representation

We try cases in state and federal courts in Texas and around the United States. Our lawyers also represent employers in mediations, arbitrations and administrative proceeding before the EEOC, the Department of Labor, and the Texas Workforce Commission. Our trial experience allows us to counsel clients about how to prevent problems before they occur and how to minimize litigation risks.

We offer each client experienced, ethical and effective representation in all areas of employment litigation.

Labor & Employment Results

Negotiated removal of co-manager, loan payoff and extinguished management rights of minority members of healthcare company worth $50+ million

Obtained summary dismissal in favor of Client, Texas Tech President Guy Bailey, in $12.5 million dollar lawsuit filed in Lubbock by former coach Mike Leach against Texas Tech University and Tech’s President View Judge’s Ruling, View Testimonial

Won take nothing arbitration ruling in favor of a Fortune 150 company accused of discrimination and retaliation and obtained $18,945 counter-claim judgment against the Plaintiff for repayment of unearned draws

Successful defense of one of the world’s largest insurance adjusting companies with 600 offices worldwide regarding non-compete and injunctive relief concerning C-level executive (Georgia)

Successful defense of company with 300 stores in Texas, New Mexico and Oklahoma in wage and hour enforcement action brought by Department of Labor (New Mexico) (Oklahoma)

Successful defense of numerous discrimination and other employment claims filed in North Texas against Fortune global 6 company filed with Dept. of Labor

Successful defense and dissolution of TROs obtained in Houston and Dallas against Fortune global 300 company for tortious interference with contract and employee raiding involving its hiring of numerous executives from competitor

Obtained take nothing dismissal in favor of Fortune 500 executive sued in a glass ceiling class action lawsuit

$750,000 whistleblowing settlement for a C-Level exec working for company in India (client’s net $600,000) (North Carolina)

$1 million settlement in arbitration for fired executive (Client’s net $950,000)

$1.1 million severance for fired Branch Manager of international investment bank with a market cap exceeding $30 billion

$1.2 million verdict for client suing for sexual harassment, sex discrimination and retaliation (Client’s net, $240,000)

$1,299,000 settlement for change-in-control and sex discrimination claims for female SVP at Fortune 400 oil & gas company (Client’s net $1,232,000) (Oklahoma)

$1.45 million severance package for executive with dairy company (Client’s net $1,428,000)

$1.6 million settlement of sex discrimination claims for female VP fired by oil & gas LLC (Client’s net $1,502,000)

$2.5 million for fired executive of Fortune 50 food and beverage company

$2.6 million for a fired C-level executive of a Fortune 200 homebuilding company

$2.6 million settlement for fired C-level executive of Fortune 100 beverage company (Canada)

$2,642,000 settlement for change-in-control claims for Fortune 400 oil & gas C-Level executive (Oklahoma)

Obtained $3.1 million change in control payments to four California and Utah executives at alternative energy company (Clients’ net $2,477,000) (California and Utah)

$3,663,516 settlement for change-in-control claims for Fortune 400 oil & gas C-Level executive (Oklahoma)

$4.1 million severance package for President of an oil and gas company who exercised “good reason” termination after a change in control

$4.5 million settlement for C-level executive of Scottish oil and gas company fired after a change in control (Scotland)

$6.1 million severance package and negotiated succession plan for Chairman/CEO of a bank with more than $11 billion in assets

Ongoing representation of former Title IX Investigator regarding discrimination and Title IX claims against Baylor University View Article

Successful prosecution and settlement of class action lawsuit for 10 Park Rangers seeking upgraded status to become Dallas Police Officers View Article

$8.3 million severance for Canadian citizen who resigned as CEO of Fortune 200 bottling group (Canada)

Successful negotiation of severance package for a departing partner including $165,000 cash payment and a 1% trailing interest in an estimated $800 million worth of real estate development deals

Disclaimer: Results obtained depend on the facts of each case. Past achievements are no guarantee of future results.

MEDIA

Rogge Dunn Interviewed on CBS This Morning Regarding Title IX Issues
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California Law Affects How Student-Athletes Are Compensated
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Updates to Overtime Rule
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Rogge Dunn Quoted In D Magazine Article About FINRA’s Proposed Rule and the Resulting Obligations on Firms with a History of Misconduct
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Rogge Dunn Quoted in AdvisorHub Article – Finra Suspends Ex-Wells Fargo Broker over Personal Email Use
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UBS’s YES Strategy Leads to a Big Oh No!
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Fair Compensation for Female Executives: Insight from an Executive Compensation Attorney
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Rogge Dunn Quoted in SportsDay Article on the use of LLCs by College Football Coaches
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Rogge Dunn Quoted in AdvisorHub Article – Schwab Pursues Nebraska Broker Who Went Independent
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Joshua Iacuone interview on Fox4 News | Baylor Sex Assaults Scandal
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Rogge Dunn Quoted in AdvisorHub Article on Credit Suisse Doubling Down on Broker Litigation
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Summary of Texas Commission and Bonus Laws
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Rogge Dunn Featured in CBS 11 Story About Southwest Airlines Dispute
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Rogge Dunn Group Fights to Take Mark Cuban’s Deposition
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Outback Steakhouse Honors Rogge Dunn
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Rogge Dunn Weighs In During Fox 4 Story About Mount Vernon Hiring Former Baylor Football Coach Art Briles
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