Mark Shoffner represents and counsels clients in employment law and litigation matters. He defends and advises companies on all matters related to the employer-employee relationship, including claims brought under the wage and hour laws (FLSA), the state and federal anti-discrimination statutes (Title VII, ADEA, ADA, Equal Pay Act), the federal and state trade secrets law (DTSA and TUTSA). Mark has also prosecuted cases and defended cases for clients seeking to enforce or invalidate post-employment restrictions, including non-compete and non-solicitation agreements.
In the past year, Mark tried two cases through final arbitration hearing. In the first case, he successfully defended a Dallas-based oil and gas company against claims asserted by a former employee under Title VII for pregnancy discrimination and retaliation and a separate claim under the Equal Pay Act. After the arbitrator entered a take-nothing judgment, the former employee filed a motion to vacate the award in court. After extensive briefing, a federal judge denied the motion and affirmed the arbitration victory.
In the second case, Mark represented three individuals against claims for misappropriation of trade secrets, breach of fiduciary duty, and violation of restrictive covenants. The individual clients also asserted counterclaims against their former employer for breach of fiduciary duty and breach of the partnership agreement. After a five-day hearing, the arbitrator entered an award in favor of Mark’s clients, including the recovery of damages on the breach of fiduciary counterclaim.
Mark is currently representing a major Dallas-based transportation company in a FLSA collective action. In this case, he has successfully enforced arbitration agreements and a class action waiver.
In addition to his dispute-based practice, Mark also regularly counsels executives on matters related to employment agreements, equity agreements, and severance contracts. He also advises clients on employment best practices, including regular review of employee handbooks and policies.
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