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Michelle Alcala

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Employment Law, Intellectual Property, Civil Litigation

Direct Phone: 512.480.5716

Direct Fax: 512.536.9916

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Ms. Alcala practices commercial litigation with a focus on employment law and intellectual property law. Ms. Alcala has represented clients in federal and state courts, as well as in mediation and arbitration. Her experience includes defending clients in whistleblower lawsuits, discrimination lawsuits under the FMLA, ADA, FLSA, Title VII and ADEA, and other wrongful discharge actions and employment contract disputes including the enforcement of non-competes and non-solicitation agreements.  She is Board Certified in Labor and Employment Law.

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PROFESSIONAL QUALIFICATIONS

Admitted to Texas bar, 2003; United States District Court, Northern District of Texas, 2003; Western and Eastern Districts Courts of Texas

Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization

Education: Northeastern University (B.S., summa cum laude, 2000); Harvard Law School (J.D., 2003)

Associate, Jenkens & Gilchrist, P.C.; Dallas, Texas (2003-2004)

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REPRESENTATIVE EXPERIENCE

Employment

  • Litigation of all aspects of employment disputes with employees, including sex, race, and age discrimination and retaliation claims under Title VII; disability discrimination claims under the Americans with Disabilities Act; discrimination and retaliation claims under the Family Medical Leave Act; wage and overtime disputes under the Fair Labor Standards Act and the Texas Pay Day Act; wrongful discharge claims, and employment contract disputes;
  • Representation of employers against employee race, sex, national origin, religion, disability, age, and national origin discrimination and retaliation complaints to the EEOC and TCHR;
  • Ms. Alcala drafts employee agreements, employee handbooks, severance agreements, arbitration agreements, confidentiality and non-compete agreements;
  • Ms. Alcala's clients also rely on her for advice on employee hiring, employee discipline, leaves of absence, terminations, sexual harassment investigations and for advice and representation in unemployment benefits disputes with employees at the Texas Workforce Commission

IP Law

  • Enforcement of non-compete and non-solicitation agreements, including obtaining Temporary Restraining Orders and Permanent Injunctions
  • Counsel and representation to employers in disputes against former employees and their new employers alleging that they misappropriated trade secrets and committed other acts of unfair competition
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PROFESSIONAL AFFILIATIONS

  • Austin Bar Association, Chair of Labor & Employment Section
  • State Bar of Texas
  • American Bar Association
  • Austin Bar Association, Labor and Employment Law Section (Vice President, 2011; Secretary, 2010; Treasurer, 2009); Civil Litigation Section
  • Austin Young Lawyers Association
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AWARDS AND HONORS

  • 2013 Austin Under 40 Awards Finalist
  • Recipient of the 2007 Suzanne Covington Pro Bono Service Award from Volunteer Legal Services of Central Texas
  • Texas Monthly, Super Lawyers® Rising Star, published by Thomson Reuters, 2007, 2010-2011
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COMMUNITY

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Publications and Presentations

  • "Common Business Practices That May Create Employment Law Liability", GDHM Employment Law Client Seminar, February, 2010
  • "Common Wage and Hour Compliance Issues for Employers; How to Minimize Legal Risk from Employee Terminations, Lay-Off's and RIF's", GDHM Employment Law Client Seminar, September, 2009
  • "Turning the Tables: Are employees now in charge as a result of the 2008 ADA Amendments Act?", Austin Mayor's Committee for People with Disabilities seminar, April, 2009
  • "Turning the Tables: Are employees now in charge as a result of the 2008 ADA Amendments Act?", GDHM Employment Law Client Seminar, November, 2008
  • "The Employee Handbook: Friend or Foe?", GDHM Employment Law Client Seminar, January, 2005
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