Michael D. Mitchell

Shareholder Houston | Miami

A shareholder in the Firm’s Houston office, Mr. Mitchell's practice focuses primarily on employment-related litigation in federal and state court and representing clients before the various federal and state agencies charged with the enforcement of employment and labor laws.  Specifically, Mr. Mitchell represents clients at hearings, conferences and investigations before the Equal Employment Opportunity Commission, the National Labor Relations Board, the Department of Labor, the Occupational Health and Safety Administration, and the Texas Workforce Commission.   

While Mr. Mitchell has tried numerous cases to a jury verdict in both Federal and State Courts in Texas, he also has litigated cases in Florida, Louisiana, Mississippi, Oklahoma, Ohio and Tennessee. Mr. Mitchell also has tried cases in front of the National Labor Relations Board.  Throughout his practice, Mr. Mitchell has successfully represented a number of public and private employers in discrimination, wrongful discharge, harassment, retaliation, and wage and hour cases bought under the various federal and state employment discrimination statues and under the common law. In doing so, Mr. Mitchell has won summary judgment dismissal of a large number of cases brought against his clients and has successfully defended the dismissal of each of those cases on appeal. Mr. Mitchell has successfully argued several cases before the Fifth Circuit Court of Appeals.

Mr. Mitchell  also advises clients regarding various issues related to employee rights and benefits and employer obligations and policies. His practice also includes both creation and review of employment policies and manuals.

Mr. Mitchell is Board Certified in labor and employment law by the Texas Board of Legal Specialization and has been named a "Super Lawyer" several times in Texas Monthly Magazine. He is also listed in The Best Lawyers in America.


Experience

Mr. Mitchell has litigated and tried the following cases on behalf of Defendants:

  • In April 2006, Mr. Mitchell was First Chair in Emmy Campbell v. Metropolitan Transit Authority in the Harris County District Court. Plaintiff contended that she was discriminated against and terminated in retaliation for reporting, in good faith, violations of law to the appropriate authorities in violation of Section 554.002 of the Texas Government Code (Whistleblower retaliation case). Directed verdict in Defendant's favor.
  • In March 2008, Mr. Mitchell was First Chair in Yolanda Holden v. Valeron Strength Films in the United States District Court, Southern District of Texas, Houston Division. Plaintiff alleged that Defendant had discriminated against her on the basis of sex and had retaliated against her in violation of Title VII of the Civil Rights Act of 1964, etc. Directed verdict was on one claim. Jury verdict in Defendant's favor on 4 others.
  • In July 2010, Mr. Mitchell was First Chair in Maria May v. HydroChem Industrial in the Galveston County, Texas District Court. Plaintiff alleged that Defendant had discriminated against her on the basis of sex and subjected her to quid pro quo and hostile work environment sexual harassment in violation of the Texas Commission on Human Rights Act. Jury verdict in Defendant's favor on all claims.
  • In April 2011, Mr. Mitchell was First Chair in Vanessa Martin v. Radio One of Texas in the Harris County, Texas District Court. Plaintiff alleged that Defendant had discriminated against her on the basis of sex when terminating her employment in violation of Texas Commission On Human Rights Act. Jury verdict in Defendant's favor on both claims.
  • In October 2012, Mr. Mitchell was First Chair in Nina Taylor et al. v. Turner Industries in the United States District Court, Eastern District of Texas, Marshall Division. Pseudo-Class action where 46 Plaintiffs alleged that Defendant had discriminated against them on the basis of race and had retaliated against them in violation of both 42 U.S.C. Section 1981 Title VII of the Civil Rights Act of 1964, etc. Claims of 10 of the 46 Plaintiffs were tried to a jury. Defense verdict on all claims of 8 of the 10 Plaintiffs. Two Plaintiffs prevailed on the claims.
  • In August 2013, Mr. Mitchell was First Chair in Michelle Crevier-Gerukos v. Eisai Inc. in the United States District Court, Southern District of Texas, Houston Division. Plaintiff alleged that Defendant retaliated against her when it fired her in violation of Title VII of the Civil Rights Act of 1964, etc. Defense verdict.

Professional Activities and Speeches

Professional Activities:

  • Board Certified - Labor & Employment Law
  • American Bar Association (Labor and Employment Section)
  • Texas Bar Association (Labor and Employment Section)
  • Houston Bar Association
  • Houston Management Lawyers Forum

Speeches:

  • Corporate Labor and Employment Counsel Exclusive - ''Complex Leave Challenges: Round 1 - ADA Accommodations'' - La Quinta - November 08, 2018
  • Ogletree Deakins Workplace Strategies Seminar - ''The Employment Law Challenge'' - Phoenix - May 10, 2018
  • Labor and Employment Counsel Exclusive - ''The Employment Law Challenge'' - Boca Raton - November 09, 2017
  • Ogletree Deakins Workplace Strategies Seminar - ''Pardon the Interruption! Workplace Strategies Style'' - San Diego - May 05, 2017
  • Ogletree Deakins Workplace Strategies Seminar - ''In Search of the Truth: Foolproof Interview Techniques for Workplace Investigations'' - San Diego - May 03, 2017
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Media Quotes

December 18, 2014 - Texas Lawyer - "Litigator of the Week: Defense Win After Asking Judge for Reconsideration"
November 16, 2005 - Houston Chronicle - "Ruling Increases Value of Donning and Doffing"

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