Mijares Law Group

I assist organizations to establish a wide range of effective policies, procedures, and handbooks. These are useful for all kinds of organizations because they clearly outline the course of action for day-to-day operations and often serve as a basis for terminating employees for cause. I work with Texas businesses to ensure compliance with laws and regulations, guide decision-making, and streamline internal processes.

I counsel employers on how to structure enforceable restrictive covenant clauses, including non-competition, non-solicitation, and confidential information-related provisions. I also secure employers’ rights with regard to employees who have left the company and started their own competing business or accepted a job with a competitor.

I help businesses meet their federal compliance obligations. This is essential because federal non-compliance can lead to substantial penalties; and, if your company is not structured appropriately, your owners could be at risk for personal liability. Registered and licensed businesses can lose their registrations and licenses, and federal contractors and program participants can lose their eligibility to receive federal funds. I provide companies with corporate structural and organizational assessments, compliance program training and implementation, and event response preparedness and execution.

I work with employers to manage any issues that may arise during the employment lifecycle. From hiring to termination, employers are at risk for any missteps that could lead to litigation or claims with federal or state regulatory bodies. To avoid this, I draft and review appropriate applications and offer letters for Texas businesses, and guide them through any background and reference checks that might be used. If pre-employment screening tests are required, I review them to ensure they comply with state and federal anti-discrimination and privacy laws. I also work with companies to train supervisors on how to conduct and document employee performance evaluations consistently, lawfully, and in a timely manner. I counsel employers on the need to document any incidents to prevent later denial of the event, create a record of the problem, and use the documentation to record patterns of unacceptable behavior and maintain it properly (should it be needed to prove up an affirmative defense later). Additionally, I guide employers through the termination process, including drafting solid, enforceable severance agreements and releases of claims, and working with employers to ensure they are prepared for any questions or problems that may arise during the termination process. I take action to ensure exited employees comply with post-termination legal obligations.

Diversity, equity, and inclusion are three closely linked values held by many organizations that are working to be supportive of different groups of individuals, including people of different races, ethnicities, religions, abilities, genders, and sexual orientations. I educate companies on how to build diversity, equity, and inclusion into their policies and hiring practices while maintaining compliance with the ever-changing federal diversity laws.

While no employer likes to think about an employee filing a discrimination complaint, it’s important to be prepared by knowing how the process works. I counsel employers on how to mitigate against the most common discrimination complaints, including refusal to hire, termination, demotion, or harassment due to: race; age; gender; disability; national origin; pregnancy; and retaliation for making a previous complaint. Employees in Texas who believe they have been discriminated against submit a discrimination complaint through the EEOC and/or the TWC. I respond to these complaints on behalf of employers and launch an investigation into the allegations.

There are two primary federal laws that apply to employers and should be complied with in a company’s hiring, leave, accommodation, and termination practices. Generally, public sector employers and private business employers with more than 50 workers are covered under both the Americans with Disabilities Act and the Family Medical Leave Act. Employees in these workplaces can have rights under both laws if they meet the definition of “disability” (ADA) and “serious health condition” (FMLA). Workers who have used up FMLA leave can still have rights under the ADA if they meet the ADA definition of a person with a disability. Accommodation is one such right. Additional leave (beyond the worker’s FMLA leave) could be an accommodation that must be provided under the ADA. I work with employers to ensure they are complying with the ADA and the FMLA, as violations of these statues can result in lengthy and costly litigation.

I work with clients to protect the business assets that provide the most crucial competitive advantage: an organization’s trade secrets and proprietary information. Maintenance of trade secrets is vital because corporate information is vulnerable to theft by employees. I implement legal solutions designed to avoid litigation, heavy financial investments or costly government filings. Trade secret, unfair competition, and non-compete protections include a variety of legal services to protect confidential information, trade secrets, and intellectual property from actions by former employees or others who wish to gain an unfair competitive advantage.

I counsel businesses on maintaining compliance with whistleblower protection statutes, including Sarbanes-Oxley and the other laws and regulations enforced by OSHA. I am well-versed in relevant case law, investigators’ practices, and litigation trends. I initiate creative and practical problem-solving to help keep businesses out of the courtroom.