Joe Gagnon is a partner in the Houston and San Antonio offices. He is an experienced trial attorney who represents employers in litigation and arbitration filed in every region of Texas.
Joe's broad experience includes the defense of a wide variety of discrimination and discharge claims brought under Title VII, ADA, FMLA, and whistleblower statutes. He routinely defends state law claims including workers' comp retaliation, breach of contract, fraud, defamation, malicious prosecution, and assault.
Joe is unique among labor and employment attorneys, as he also represents several Texas-based non-subscribing employers against claims of negligence, and associated benefits claims filed under 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.
Joe is a seasoned appellate advocate, having represented clients in original actions, interlocutory appeals, and appeals of final judgments in both state and federal courts.
Fisher & Phillips Attorneys Prevail In ERISA Litigation Before The Fifth Circuit Victory for Texas Nonsubscriber Employer
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)
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
"AV" Peer Review rating with Martindale-Hubbell
No Free Pass For Employers On Retaliation Claims July 26, 2013
Now May Be Time For Employers To Opt Out Of State Workers' Compensation System July 8, 2012
The Mutual Benefits Of Nonsubscription In Texas June 12, 2012
Avoiding Common Employee Handbook Mistakes April 5, 2011
March Madness: The Ups And Downs Of Office Pools March 12, 2011
Employers Can Minimize Risk of Workplace Violence January 21, 2010
PCA: Trading Tax Relief For Unionization April 24, 2009
What Upcoming Legislation is Causing Employers Stress? March 20, 2009
Meet the Union Organizers: Stealth Labor Campaigns May Be Coming to Such Right-to-Work States as Texas November 15, 2008
Houston Case Highlights Importance in Checking Status of Workers February 8, 2008
Avoiding Liability for Employee Issues in Dealership Acquisitions
Dealers' Choice - Texas Auto Dealers Association
Quotes and Soundbites
Court's Marriage Ruling Not to Be Ignored July 25, 2013
With a Mega Jackpot This Big, Take Precaution March 30, 2012
Texas Gun Law Adds New Level of Vigilance for Employers September 27, 2011
Tackling The Issue Of Employee Identity September 23, 2011
Supreme Court Tightens Standard In Retaliation Cases September 1, 2013
Trading A Tax Break For Unionization: Analyzing the Patriot Corporation Act June 1, 2009
Association Of Corporate Counsel's Back-To-School Symposium
August 21, 2014
2014 Gulf Coast Symposium On HR Issues
May 15, 2014
It Takes Two to Tango: Partnering with HR to Avoid Costly Employment Claims - Greater Houston Society for Healthcare Risk Management - March 9, 2012
How Would This Look in Court? - Dallas and Houston - Compli-sponsored symposium - June 13-14, 2012
Youth soccer coach
University of Texas Law Mentor