 OverviewMonte is an experienced and accomplished trial attorney in the areas of employment and business litigation, class action defense, restrictive covenants, trade secrets, and fraud. Monte effectively represents companies before judges, juries, administrative agencies, and arbitrators, defending claims asserted by individual and multiple plaintiffs of workplace discrimination, retaliation, and denial of overtime pay, and defending and prosecuting contract, non-compete, tortious interference, and fiduciary duty claims. Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization, Monte represents companies of all sizes, from Fortune 500 companies to small startup businesses, including employers in distribution, entertainment, financial services and insurance, health care, hospitality, information technology, retail, and transportation. Monte regularly advises employers on how to achieve business goals while complying with federal, state, and local labor laws. He is often called upon by clients to conduct sensitive internal investigations, and to draft personnel policies, separation agreements, and restrictive covenant agreements. He also provides practical management training on issues such as sexual harassment, documenting employee performance, and accommodating disabled workers. Monte frequently speaks and writes on employment law developments, and has been recognized by D Magazine as one of the “Best Lawyers in Dallas” and on the Texas Super Lawyers list by Thomson Reuters. Memberships
- Dallas Bar Association, Labor and Employment Law Section
- State Bar of Texas, Labor and Employment Law Section
- Texas Bar Foundation (Fellow)
OverviewMonte is an experienced and accomplished trial attorney in the areas of employment and business litigation, class action defense, restrictive covenants, trade secrets, and fraud. Monte effectively represents companies before judges, juries, administrative agencies, and arbitrators, defending claims asserted by individual and multiple plaintiffs of workplace discrimination, retaliation, and denial of overtime pay, and defending and prosecuting contract, non-compete, tortious interference, and fiduciary duty claims. Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization, Monte represents companies of all sizes, from Fortune 500 companies to small startup businesses, including employers in distribution, entertainment, financial services and insurance, health care, hospitality, information technology, retail, and transportation. Monte regularly advises employers on how to achieve business goals while complying with federal, state, and local labor laws. He is often called upon by clients to conduct sensitive internal investigations, and to draft personnel policies, separation agreements, and restrictive covenant agreements. He also provides practical management training on issues such as sexual harassment, documenting employee performance, and accommodating disabled workers. Monte frequently speaks and writes on employment law developments, and has been recognized by D Magazine as one of the “Best Lawyers in Dallas” and on the Texas Super Lawyers list by Thomson Reuters. ExperienceFLSA Collective ActionSuccessfully represented an oilfield-produced water disposal and transport company in defense of a collective action under the Fair Labor Standards Act seeking overtime [more]Successfully represented an oilfield-produced water disposal and transport company in defense of a collective action under the Fair Labor Standards Act seeking overtime wages. Obtained summary judgment in favor of the company validating the workweek employed by the company and obtained an affirmation of the summary judgment at the U.S. Court of Appeals for the Fifth Circuit. [less]Discrimination + FMLASuccessfully represented a well-known restaurant and bakery in defense of disability discrimination and FMLA retaliation claims asserted by a former employee. [more]Successfully represented a well-known restaurant and bakery in defense of disability discrimination and FMLA retaliation claims asserted by a former employee. Obtained a defense verdict at trial. [less]Employment LitigationSuccessfully represented a national consumer finance company in defense of hostile work environment and retaliation claims asserted by a former employee. [more]Successfully represented a national consumer finance company in defense of hostile work environment and retaliation claims asserted by a former employee. Obtained a defense verdict at trial. [less]Employment LitigationSuccessfully represented a biomedical equipment servicer in defense of a former employee’s claim that he was terminated because he refused to participate in [more]Successfully represented a biomedical equipment servicer in defense of a former employee’s claim that he was terminated because he refused to participate in an illegal activity. Obtained a defense verdict at trial. [less]ERISASuccessfully represented long-term acute care hospitals against a third-party administrator in prosecution of ERISA claims to recover hundreds of thousands of [more]Successfully represented long-term acute care hospitals against a third-party administrator in prosecution of ERISA claims to recover hundreds of thousands of dollars incurred by the hospitals for treatment of patients but not paid based on the third-party administrator’s denial of claims. Obtained a summary judgment in favor of the hospital, obtained an affirmation of the summary judgment at the U.S. Court of Appeals for the Fifth Circuit, and recovered more than $1 MM in treatment costs and attorneys’ fees. [less]Breach of ContractSuccessfully defended a health care company in breach of contract and tortious interference claims asserted by a former employee. Obtained a summary judgment in favor [more]Successfully defended a health care company in breach of contract and tortious interference claims asserted by a former employee. Obtained a summary judgment in favor of the health care company. [less]DiscriminationSuccessfully represented a lingerie company in defense of religious, sex, and age discrimination claims asserted by a former employee. Obtained a summary judgment in [more]Successfully represented a lingerie company in defense of religious, sex, and age discrimination claims asserted by a former employee. Obtained a summary judgment in favor of the client and obtained an affirmation of the summary judgment at the U.S. Court of Appeals for the Fifth Circuit. [less]FMLASuccessfully represented one of the largest providers of cleaning, food safety, and health protection products and services in defense of claims under the Family and Medical [more]Successfully represented one of the largest providers of cleaning, food safety, and health protection products and services in defense of claims under the Family and Medical Leave Act (FMLA) asserted by a former employee. [less]DiscriminationSuccessfully represented a retirement and assisted living community in defense of an age discrimination claim asserted by a former employee. Obtained a [more]Successfully represented a retirement and assisted living community in defense of an age discrimination claim asserted by a former employee. Obtained a summary judgment in favor of the client. [less]Employment LitigationSuccessfully represented one of the largest trucking companies in the industry in two separate lawsuits in defense of claims of sexual harassment, sex discrimination, [more]Successfully represented one of the largest trucking companies in the industry in two separate lawsuits in defense of claims of sexual harassment, sex discrimination, and associated tort claims asserted by former employees. [less]Breach of Contract + Breach of Fiduciary DutySuccessfully represented a national distributor of specialty medical products in breach of contract and breach of fiduciary [more]Successfully represented a national distributor of specialty medical products in breach of contract and breach of fiduciary duty claims against a former employee who set up and began operating a competing business while still employed for the distributor. Obtained a verdict against the former employee. [less]Breach of Contract + Trade SecretsSuccessfully represented a pyrotechnics company against a former employee asserting claims of breach of contract and misappropriation of trade secrets. DiscriminationSuccessfully represented one of the largest fast-food restaurants in defense of a pregnancy discrimination claim asserted by a former employee. Obtained a summary [more]Successfully represented one of the largest fast-food restaurants in defense of a pregnancy discrimination claim asserted by a former employee. Obtained a summary judgment in favor of the company. [less]DiscriminationSuccessfully represented an international manufacturer of kitchen cabinetry in defense of a pregnancy discrimination claim asserted by a former employee. FCRASuccessfully represented a metroplex hospital in defense of a claim that the hospital violated the disclosure requirement of the Fair Credit Reporting Act. Obtained a [more]Successfully represented a metroplex hospital in defense of a claim that the hospital violated the disclosure requirement of the Fair Credit Reporting Act. Obtained a summary judgment in favor of the hospital and obtained an affirmation of the summary judgment at the U.S. Court of Appeals for the Fifth Circuit. [less]Harassment + DiscriminationSuccessfully represented an automobile dealership in defense of claims of sexual harassment and discrimination asserted by a former employee. DiscriminationSuccessfully represented a web-based property management software company in defense of a pregnancy discrimination claim asserted by a former employee. Harassment + DiscriminationSuccessfully represented a physician in defense of claims of sexual harassment and discrimination asserted by a former employee. ERISASuccessfully represented the voluntary injury benefit plan of one of the largest trucking companies in the industry in defense of a claim under the Employee [more]Successfully represented the voluntary injury benefit plan of one of the largest trucking companies in the industry in defense of a claim under the Employee Retirement Income Security Act (ERISA) asserted by a former employee. [less]
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