Published Cases

In re Poly-America, L.P.

262 S.W.3d 337 (Tex. 2008)–In this landmark decision, the Texas Supreme Court found unconscionable provisions in an arbitration agreement that eliminated an employee's right to seek punitive damages and reinstatement by his workers' compensation retaliation/wrongful termination claim. It was the first case in which the Texas Supreme Court has found provisions in an employment arbitration agreement unconscionable.

Hansen v. Aon Risk Services of Texas

473 F.Supp.2d 743 (S.D. Tex. 2007)—In this interesting reverse discrimination case, Mr. Fiddler represented a male former employee of an insurance company, who alleged he was discriminated against because of his gender by a female supervisor. In this published decision, the federal district court denied the insurance company's motion to dismiss the case.

Sweeny Community Hosp. v. Mendez

226 S.W.3d 584 (Tex. App.-Houston [1st Dist.] 2007)—This was the second appeal of this case in which Mr. Fiddler represented a physician in a breach of contract claim. The Court of Appeals again found in the physician's favor holding that the hospital district did not have immunity from the physician's counterclaims for tortious interference and defamation.

El Expreso, Inc. v. Zendejas

193 S.W.3d 590 (Tex. App.-Houston [1st Dist.] 2006)—In this unique case, Mr. Fiddler successfully represented an employee who had been terminated after attempting to ensure the company complied with federal safety regulations. This is one of the few cases in Texas where a wrongfully terminated employee prevailed on a verbal employment contract and the case was upheld on appeal.

Machinchick v. P.B. Power, Inc.

398 F.3d 345 (5th Cir. 2005) — Mr. Fiddler represented a 63-year-old former Account Manager in this age discrimination case. This very important case was one of the first in this federal circuit to recognize that an employee in an age discrimination case is not required to prove that the reason offered for his discharge is false, just that age was one of the motivating factors.

Tex. S. Univ. v. Carter

84 S.W.3d 787 (Tex. App.–Houston [1st Dist.] 2002) — Mr. Fiddler represented the former controller at TSU in this whistleblower case. TSU filed this appeal before the case went to trial, contending that Mr. Carter had not timely filed a grievance after his termination and that the trial court erred in not dismissing Mr. Carter's case. The Court of Appeals ruled in Mr. Carter's favor finding that the statute of limitations does not start to run until an employee is told he will be terminated. The case was sent back to the trial court for a jury trial, which Mr. Carter won.

Abraham v. Diagnostic Center Hosp. Corp. of Texas

138 F.Supp.2d 809 (S.D.Tex. 2001) — Mr. Fiddler represented an employee who claimed he had been terminated because of his religious beliefs. Mr. Fiddler was successful in defending Mr. Abraham in response to the company's motion to dismiss as discussed in this published opinion.

Truex v. Hearst Communications, Inc.

96 F.Supp.2d 683 (S.D.Tex 2000) — Mr. Fiddler represented a sports writer for the Houston Chronicle in this case which was the first in the federal Fifth Circuit to acknowledge that an employee need not file a formal complaint with the Department of Labor for violations of the Fair Labor Standards Act to be protected from retaliation.

Garcia v. Rainbo Baking Co. of Houston

18 F.Supp.2d 683 (S.D. Tex. 1997) — Mr. Fiddler represented an employee who claimed to have been retaliated against for filing a workers' compensation claim. In this important case, the federal district court remanded the case to state court — as Mr. Fiddler's client had requested — finding that the presence of a collective bargaining agreement between employees and the employer in a workers' compensation retaliation case did not confer federal jurisdiction over the case.

Note: Every case is different and past results are not necessarily an indication of future success, even in cases with similar facts.