Rory Divin

Representative Experience & Services

In Rory’s over 30 years of law practice, he has developed considerable expertise in assisting employers in numerous labor and employment, personnel, and HR-related matters, including:

• Working with employers in managing their employees
• Dealing with and disciplining difficult employees
• Responding to government investigation regarding Equal Employment (EEOC) from the Texas Workforce Commission (TWC) and the U.S. Department of Labor
• Counseling employers on sexual harassment, discrimination, FMLA, ADA, Title VII, termination, wage and hour, non-competition matters, employment policies, and legal compliance
• Conducting investigations of employer wrongdoing and harassment
• Conducting mediations in employment cases
• Helping public and private employers to develop effective employment policies

Rory’s experience extends to representing employers in litigation claims brought by employees or the government in state and all federal courts and before governmental agencies.  Notable litigation experience and outcomes include:

• Defended private employer sued in Tarrant County state court by former employee alleging retaliation for reporting sex harassment. Favorable defense jury verdict.  Judgment for employer affirmed on appeal.
• Represented private employer sued by former employee in Tarrant County state court for retaliation due to worker’s compensation claim. Favorable defense jury verdict. No appeal.
• Defense counsel for private employer sued by former employee in Tarrant County state court for breach of employment contract. Favorable defense jury verdict.
• Defended private hospital in federal court suit brought by the United States seeking access to physician peer review records related to race discrimination investigation.  After bench trial, court held for the hospital, upheld on appeal.
• Represented employer in arbitration by employee asserting claims of age discrimination. Employer prevailed.
• Represented private employer in arbitration brought by former employee alleging racial discrimination and defamation. Arbitrator ruled for employer.
• Defended private employer sued in Tarrant County state court by former employee alleging age discrimination, breach of contract, invasion of privacy and defamation.  Summary judgment for employer, affirmed on appeal.
• Counsel for private university sued in Tarrant County state court by former employee alleging sexual harassment, breach of contract and defamation connected to tenure denial.  Summary judgment for employer, affirmed on appeal.
• Counsel for public employer in lawsuit brought by former employee alleging wrongful dismissal. Motion to dismiss granted in favor of employer, no appeal.
• Represented private employer sued in Tarrant County state court by former teacher for breach of contract over non-renewal of appointment. Summary judgment for employer, affirmed on appeal.
• Defended private employer sued by former employee in Tarrant County state court alleging breach of contract to issue stock. Summary judgment for employer, no appeal.
• Represented public employer sued in Tarrant County state court by former instructor concerning allegations of sexual assault, sexual harassment, tort, and breach of contract. On appeal, judgment rendered as a matter of law for employer on all grounds except for breach of contract and Texas Labor Code.
• Counsel for public employer in lawsuit brought by employee in federal court alleging race discrimination due to non-promotion. Summary judgment for employer, no appeal.
• Represented public employer sued by former employee in federal court alleging race discrimination due to position elimination. Summary judgment for employer, affirmed on appeal.
• Advised private employer sued by former employee in federal court alleging sexual harassment. Summary judgment for employer, no appeal.
• Defended private employer sued in federal court by employee alleging breach of mediated settlement agreement. Summary judgment for employer on employee's claims.
• Represented public employer sued in federal court by former employee alleging sex discrimination and unequal pay. During jury trial, case settled.
• Represented private employer in federal court suit brought by union under Section 301 of Labor Management Relations Act (LMRA). After jury empaneled, case settled.

Rory also takes on some plaintiff cases.  Some experience includes:

• Represented plaintiffs against former employer in sex harassment and retaliation case in federal court. After bench trial, judgment for plaintiffs. No appeal.
• Counsel for plaintiff in suit against former employer in age discrimination case in federal court.  Favorable jury verdict and judgment for plaintiff which was upheld on appeal.
• Represented employee in state court suit by former employer seeking enforcement of non-competition agreement. Court ruled in favor of former employee after temporary injunction hearing.
• Counsel for plaintiff in suit against former employer in Tarrant County state court in sex discrimination and defamation case. Case settled during trial after both sides presented evidence to the jury.