Joseph W. Gagnon: Lawyer with Fisher & Phillips LLP

Joseph W. Gagnon

View Joseph W. Gagnon 's Martindale-Hubbell Connected Profile
Houston,  TX  U.S.A.
Phone(713) 292-0150

Peer Rating
AV® Preeminent

Client Rating

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Practice Areas

  • Labor and Employment
  • Appellate Practice
  • Employer Intentional Torts
  • Employment Litigation and Counseling
  • Negligent Hiring and Retention
  • Retaliation and Wrongful Termination Defense
  • Unfair Labor Practices
  • Whistleblower Litigation and Retaliation
University Texas Christian University, Ft. Worth, TX, B.S., cum laude, 1990
Law SchoolThe University of Texas School of Law, Austin, TX, J.D., 1993
Admitted1993, Texas; U.S. Supreme Court; 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

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.


Representative Work

Victory for Texas Nonsubscriber Employer

Reported Cases

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)

Professional Activities

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
Fall 2010

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

Newsletter Articles

Supreme Court Tightens Standard In Retaliation Cases
September 1, 2013

Trading A Tax Break For Unionization: Analyzing the Patriot Corporation Act
June 1, 2009


"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


Documents by this lawyer on

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Supreme Court Tightens Standard In Retaliation Cases
Joseph W. Gagnon, September 5, 2013
As the U.S. Supreme Court ended its most recent term with a number of cases that will have broad societal implications, one employment law case decided by the Court seems to have taken somewhat of a back seat, despite the significant effect it will have on retaliation claims arising out of...

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Office Information

Joseph W. Gagnon

333 Clay Street
HoustonTX 77002


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