Joseph W. Gagnon
Joe Gagnon is an experienced trial attorney who defends employers in litigation and arbitration filed in every region of Texas. He is a partner in the Houston office.
Joe's broad experience includes the defense of discrimination and discharge claims brought under Title VII, Americans with Disabilities Act (ADA), Family and Medical Leave Act (FMLA), and whistleblower statutes. He routinely defends state law claims including workers' comp retaliation, breach of contract, fraud, defamation, malicious prosecution, and assault.
Joe also represents several Texas-based non-subscribing employers against claims of negligence, and associated benefits claims filed under the Employee Retirement Income Security Act (ERISA).
He frequently provides preventive services to reduce the likelihood of litigation, including general consultation, management and employee training, development of employment policies, and consultation regarding legislative current events and judicial trends.
- Litigation of various matters avoided with early engagement and dialogue, saving clients from incurring substantial litigation costs.
- KBFA Inv. Group, Inc. v. FedEx Ground Package Sys., Inc., 818 Fed. App’x 362 (5th Cir. 2020) (per curiam).
- Thanedar v. Time Warner, Inc., 352 Fed. App'x 891 (5th Cir. 2009)
- Hart v. Comcast of Houston, 347 Fed. App'x 978 (5th Cir. 2009)
Honors & Leadership
Honors & Awards
- "AV" Peer Review rating with Martindale-Hubbell
- Recognized in The Best Lawyers in America (2021)
- Member, Houston Bar Association
- Member, Texas Association of Defense Counsel
- Member, State Bar of Texas – Labor and Employment Section
- Member, State Bar of Texas – Appellate Section
- Youth sports coach
- University of Texas Law Mentor
- More Than A Quarter of the Firm’s Attorneys Recognized in 2021 Edition8.20.20
- Court Rules In Favor Of DOL's Rule To Make Homecare Providers Eligible For Minimum Wage And Overtime8.26.15
- National Labor and Employment Law Firm Opening its Third Texas Office in San Antonio3.11.13
Seminars & Speaking Engagements
- Houston Full Day Seminar9.16.16
- “It Takes Two to Tango: Partnering with HR to Avoid Costly Employment Claims” - Greater Houston Society for Healthcare Risk Management
- “How Would This Look in Court?” – Dallas and Houston – Compli-sponsored symposium
- What Nonsubscriber Healthcare Providers Need to Know About the Litigation Risk Posed by Workplace Exposure to COVID-198.17.20
- Highly-Anticipated Changes in Overtime Pay Exemptions Will Affect The Hotel Industry: Are You Ready?8.15.15
- Meet the Union Organizers: Stealth Labor Campaigns May Be Coming to Such Right-to-Work States as Texas11.15.08
- "Avoiding Liability for Employee Issues in Dealership Acquisitions"
Dealers' Choice – Texas Auto Dealers Association
- Government Relations Blog2.19.15
- Americans with Disabilities Act
- Appellate Practice
- Automotive Dealership
- Automotive Manufacturing
- Employee Benefits Litigation
- Employment Discrimination and Related Litigation
- Employment Practices Liability Insurance
- Government Relations
- Negligent Hiring and Retention
- Whistleblower Actions
- Workplace Safety and Catastrophe Management
- Litigation of Employment Disputes
- University of Texas School of LawJ.D. 1993
- Texas Christian UniversityB.S. 1990, cum laude
- U.S. Court of Appeals for the Fifth Circuit
- U.S. District Court for the Eastern District of Texas
- U.S. District Court for the Northern District of Texas
- U.S. District Court for the Southern District of Texas
- U.S. District Court for the Western District of Texas
- U.S. Supreme Court