Karen Denney is a partner in the Labor and Employment Practice Group and is Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization. Karen represents clients in employment litigation and arbitration matters involving a variety of claims, including claims concerning age, sex, race, national origin, disability, the Family Medical Leave Act, the Fair Labor Standards Act, retaliation, misappropriation, gross negligence, breach of contract, defamation, tortious interference, covenants not to compete and other employment laws and related torts. She has also represented employers in negotiations and/or proceedings with the Department of Labor, the Equal Employment Opportunity Commission, the Texas Workforce Commission and the Fort Worth Human Relations Commission and parties in numerous employment arbitrations before the Financial Industry Regulatory Authority. She frequently counsels employers on various issues concerning hiring, disciplining and terminating employees, investigating harassment and discrimination complaints, and covenants not to compete and performs public seminars on assorted employment law topics.
Select Representations
- Successfully obtained and/or defended numerous temporary and permanent injunctions in misappropriation of trade secrets and covenant not to compete cases.
- Representation of securities brokerage firms in employment disputes, including a complete defense award against former broker challenging stock forfeiture provisions in employee incentive compensation plan.
- Obtained numerous summary judgments and dismissals for employers in employment litigation matters involving defamation, tortious interference, race, sex, age, sexual harassment, pregnancy, the Family Medical Leave Act, disability and retaliation claims.
- Obtained summary judgments for companies on breach of contract, misappropriation of trade secrets, tortious interference and unjust enrichment claims.
- Obtained defense verdict in jury trial against employees claiming retaliation.
Honors and Activities
- Selected for inclusion in Texas Super Lawyers - Rising Stars Edition (2006, 2008-2012)
- Named the 2012 Outstanding Young Lawyer of Texas by the Texas Young Lawyers Association (TYLA)
- Selected as the 2012 Outstanding Young Lawyer of Tarrant County by the Fort Worth-Tarrant County Young Lawyers Association
- Past President of the Fort Worth-Tarrant County Young Lawyers Association
- Chosen by her peers as one of Fort Worth's Top Attorneys in Labor and Employment in Fort Worth, Texas, The City's Magazine, 2009-2011.
- LeadershipSBOT, Class of 2011-2012
- Leadership Fort Worth, Class of 2010-2011
Recent Publications and Speeches
- "How Do I Manage Employees and Employment Law?" 2012.
- "Keeping Up with The Times: Recent Developments in Employment Law," 2011.
- "The Family Medical Leave Act: The Devil is in the Details," 2011.
- "Social Media and the Law," 2011.
- "Sexual Harassment," 2011.
- "Employment Law Myths, Overlooked Basics and Best Practices," 2011.
- "Texas Employees Receive New Gun Rights," Haynes and Boone Alert, 2011.
- "Supervisor Skills: What You Need to Know about Employment Law and How It Affects Your Day-to-Day Job Duties," 2010.
- "Responding to an EEOC Charge: How to Answer when the EEOC Comes Knocking," 2010.
- "Addressing the Corporate Insider: Workplace Retaliation Update," 2009.
- "The Americans with Disabilities Act and the New Regulations of the Family Medical Leave Act," 2009.
- "What’s an Employer to Do? Understanding the Employment Law Implications of Swine Flu," Haynes and Boone Alert, 2009.
Selected Representative Experience
Публикации
06/27/2011 -
Texas Employees Receive New Gun Rights
As of September 1, 2011, most Texas employers cannot prohibit employees from possessing guns in their locked, personal vehicles on employers’ premises.
04/18/2011 -
Fifth Circuit Rules Harassment Claims Not Viable Under USERRA
On March 22, 2011, the Fifth Circuit ruled that the Uniformed Services Employment and Reemployment Rights Act (“USERRA”) does not support a cause of action for hostile work environment. This is the first ruling from any Circuit Court regarding the issue.
04/14/2011 -
The EEOC Issues Final Regulations Implementing the ADAAA
On September 25, 2008, former President George W. Bush signed the ADA Amendments Act of 2008 (the “ADAAA” or the “Act”) into law, broadening the definition of “disability” under the Americans with Disability Act (“ADA”).
03/24/2011 -
Flights of Fancy: The Supreme Court Delineates What Complaints the FLSA Protects
According to an old Russian Proverb, “A spoken word is not a sparrow. Once it flies out, you can’t catch it.” Applying this to the employment context, if an employee verbally complains that his employer is violating the FLSA, is the employee protected from retaliation? Deciding a split among the circuit courts, the Supreme Court answered the question affirmatively, eliminating the need for a net: the FLSA protects employees who file oral complaints.
03/09/2011 -
Employers’ Cat’s Paw Liability: Watch Out for the Monkey Business of Supervisors
In a case decided last week,
Staub v. Proctor Hospital, a unanimous United States Supreme Court finally addressed the application of the “cat’s paw” theory of liability to employment discrimination claims, holding that an employer can be liable for an employment action motivated by a non-decision maker’s discriminatory animus.
02/22/2011 -
OSHA 2010 and 2011: A Review of OSHA’s Expanded Enforcement Initiatives in 2010 and the Outlook for 2011
The business community has been placed on notice. OSHA has been actively pursuing its regulatory agenda, while also arming its arsenal to enforce compliance.
02/15/2011 -
Supreme Court Again Expands Retaliation Protection
Consistent with its retaliation decisions over the past five years, the United States Supreme Court has revisited and expanded the scope of protection from retaliation under Title VII. In an 8-0 decision issued January 24, 2011, the high court expanded the scope of Title VII’s anti-retaliation provision by concluding that in certain situations, the statute allows an employee who has not personally engaged in protected activity to lodge a retaliation claim under the statute.
07/29/2010 -
Litigating Arbitration Agreements: Recent United States Supreme Court Decisions Provide Guidance to Employers Looking to Avoid Court
Despite entering into arbitration agreements with their employees, employers all too often find themselves in court adverse to the very employees who have signed an arbitration agreement. The U.S. Supreme Court recently issued three arbitration decisions that have important implications for employers seeking to avoid the inside of a courtroom.