Practice and Industry Groups

Tiffany L. Cox

Shareholder San Antonio

Ms. Cox is Board Certified by the Texas Board of Legal Specialization in Labor and Employment Law.  Ms. Cox primarily represents employers in all aspects of employment law, including counseling, training, drafting of policies, procedures, and agreements, and litigation.  Ms. Cox has represented employers before state and federal agencies and has defended employers in lawsuits brought in state and federal courts across the U.S., involving claims of workplace discrimination, harassment, retaliation, whistleblower violations, leave violations, and wage and hour claims arising under state and federal law.  Ms. Cox has also sought enforcement of and defended against enforcement of non-competition, non-solicitation, and non-disclosure agreements, successfully obtaining injunctive and declaratory relief in favor of her clients.

Ms. Cox regularly counsels clients on compliance with Title III, Title VII, the Family Medical Leave Act, the Americans with Disabilities Act, the Fair Labor Standards Act, and other statutes enforced by state and federal agencies as well as on other issues arising in the human resources context.  Ms. Cox also reviews and drafts employee handbooks and other policies and procedures, employment and independent contractor agreements, non-competition, non-solicitation, and non-disclosure agreements, and executive agreements.

In addition, Ms. Cox has substantial litigation experience involving claims brought by consumers alleging violation of the Fair Credit Reporting Act and uses such experience to advise employers on its obligations and potential liabilities under the FCRA in conducting background investigations or obtaining background reports from third party agencies.


Experience

  • Obtained summary judgment in favor of employer on former employee’s claims of age, race, and national origin discrimination, harassment, and retaliation in alleged violation of Title VII and the ADEA. Gonzales v. Wells Fargo, Case No. 5:16-cv-00039-DAE (W.D. Tex. Oct. 19, 2017).
  • Obtained summary judgment in favor of employer on former employee’s claims of age and disability discrimination and FMLA interference and retaliation related to his alleged failure to receive a promotion or pay raise and related to his alleged constructive discharge. Drechsel v. Liberty Mut. Ins. Co., No. 3:14-CV-162-KS-BN, 2016 WL 6139097 (N.D. Tex. Oct. 20, 2016), aff’d, No. 16-11651 (5th Cir. Aug. 17, 2017) (per curiam).
  • Obtained summary judgment in the Western District of Texas in favor of employer in suit brought by former employee alleging race discrimination under Title VII and 42 U.S.C. § 1981. See Ratliff v. Advisors Asset Mgmt., Inc., No. 5:14-CV-00153, 2015 WL 7313428, (W.D. Tex. Nov. 19, 2015), aff'd, 660 F. App’x 290 (5th Cir. 2016). aff’d sub nom. Michael D. Ratilff, Plaintiff – Appellant v. Advisors Asset Management, Inc., Defendant – Appellee, No. 15-51159, 2016 WL 4978371 (5th Cir. Sept. 16, 2016) (per curiam).
  • Obtained dismissal of former employee’s retaliation claims under Texas Occupations Code §§ 301.4025(c) and 301.413(b) on the basis of applicable 180-day statute of limitations period. See Finney v. VHS San Antonio Partners, LLC, No. 5:14-CV-00840-XR, 2015 WL 4637696, at *2 (W.D. Tex. Aug. 3, 2015).
  • Successfully defended former employee in Bexar County district court against former employer's application for a temporary injunction for alleged breach of covenant not to compete and non-solicitation agreement.
  • Obtained summary judgment in the Western District of Texas in favor of an employer on claims of hostile work environment, sex discrimination, and retaliation. Traci Aguinaga v. Communities in Schools of San Antonio, Inc., Civil Action No. SA-10-CA-306-H (W.D. Tex. Oct. 14, 2011).
  • Successfully defended former employee in state district court against former employer's application for a temporary injunction for alleged breach of covenant not to compete.
  • Obtained summary judgment in the Western District of Texas in favor of an employer on a claim for denial of short-term disability benefits under ERISA. Mary Calhoun v. JPMorgan Chase and Co., Civil Action No. SA-10-CV-1026-XR (W.D. Tex. July 19, 2011).
  • Obtained summary judgments in the Northern and Southern Districts of Texas and the District of Arizona for national credit reporting agency in suits brought by consumers alleging violations of the FCRA. See Baker v. Trans Union LLC Slip Copy, 2009 WL 4042909 (D.Ariz., Nov. 19, 2009); McDonald v. Equifax, Inc. Slip Copy, 2009 WL 2835753 (N.D.Tex., Sept. 2009).
  • Obtained summary judgment in the Southern District of Texas in favor of employer in suit brought by former employee alleging sex discrimination and retaliation under Title VII and TCHRA. See Matthews v. GEICO Slip Copy, 2010 WL 1644713 (S.D.Tex., Apr. 23, 2010).
  • Obtained summary judgment in state district court in favor of an employee on the unenforceability of a covenant not to compete and later obtained jury verdict in favor of employee awarding all attorneys’ fees incurred in prosecution of declaratory action.
  • Obtained summary judgment in the Northern District of Texas in favor of employer in suit brought by former employee alleging age discrimination under the ADEA and TCHRA. See McMartin v. OfficeMax Inc. Slip Copy, 2009 WL 2340941 (N.D.Tex. July 27, 2009).
  • Obtained temporary restraining order and agreed injunction in state district court against former employee for breach of non-solicitation agreement.

Professional Activities and Speeches

Professional Activities:

  • Coastal Bend Society for Human Resource Management
  • Federal Bar Association, San Antonio Chapter
  • Graduate of Leadership Frisco, Class XII (2008-2009)
  • Texas Bar Association (Employment Law Section)
  • San Antonio Bar Association
  • Government Affairs Director for San Antonio Human Resource Management Association

Speeches:

  • Ogletree Deakins 15th Annual Labor and Employment Law Update - ''Responding to Multi-Agency Investigations'' - Austin - October 2017
  • Rio Grande Valley Society for Human Resource Management Annual Conference - ''Managing Millennials and Combining the Generations for a Productive Workforce'' - Mission - September 2017
  • Coastal Bend Society for Human Resource Management HR Conference and Labor Law Symposium - ''Managing Millennials and Combining the Generations for a Productive Workforce'' - Corpus Christi - September 2017
  • Ogletree Deakins Briefing - ''Fraud and Abuse, Fitness for Duty, and Accommodations: Practical Approaches to the FMLA and ADA'' - Corpus Christi and McAllen - April 2017
  • Ogletree Deakins Briefing - ''Fraud and Abuse, Fitness for Duty, and Accommodations: Practical Approaches to the FMLA and ADA'' - San Antonio - March 2017
  • 2017 South Texas Human Resources Symposium - ''Private Eyes – Conducting Workplace Investigations'' - San Antonio - February 2017
  • 2016 Laredo Association for Human Resources Management Employment Law Conference - ''Private Eyes – Conducting Workplace Investigations'' - Laredo - October 2016
  • Ogletree Deakins 14th Annual Labor and Employment Law Update - ''The ‘411’ on Part 541: Preparing for the New Overtime Regulations'' - Austin - October 2016
  • Rio Grande Valley Society for Human Resource Management - ''I am Cait – Transgender Issues in the Spotlight in 2016'' - Mission - September 22, 2016
  • Rio Grande Valley Society for Human Resource Management - ''I am Cait – Transgender Issues in the Spotlight in 2016'' - Mission - September 22, 2016
  • Coastal Bend Society for Human Resource Management 2016 Annual Labor Law Symposium - ''I am Cait – Transgender Issues in the Spotlight in 2016'' - Corpus Christi - September 22, 2016
  • Rio Grande Valley Society for Human Resource Management - ''I am Cait – Transgender Issues in the Spotlight in 2016'' - Mission - September 22, 2016
  • Coastal Bend Society for Human Resource Management - ''The Latest on Employee Background Checks'' - Corpus Christi - June 2016
  • Ogletree Deakins Briefing - ''Private Eyes – Conducting Workplace Investigations'' - Corpus Christi and McAllen - June 2016
  • Ogletree Deakins Briefing - ''Headline News'' - San Antonio - April 2016
  • Laredo Association for Human Resources Management - ''Navigating the Termination Process: It’s Never Easy, But It’s Manageable'' - Laredo - March 2016
  • Ogletree Deakins Briefing - ''2016: Starting the New Year Off Right!'' - San Antonio - December 2015
  • 2015 Laredo Association for Human Resources Management Employment Law Conference - ''Employee Handbooks: Top 10 Traps for the Unwary'' - Laredo - October 2015
  • Ogletree Deakins 13th Annual Labor and Employment Law Update - ''Headline News: The Latest Labor and Employment Law Developments'' - Austin - October 2015
  • 2015 Coastal Bend Human Resources Management Association Labor Law Symposium - ''Employee Handbooks: Top 10 Traps for the Unwary'' - Corpus Christi - September 2015
  • Ogletree Deakins Briefing - ''Employee Handbooks: Top 10 Traps for the Unwary'' - San Antonio - September 2015
  • Ogletree Deakins Briefing - ''Navigating the Termination Process: It’s Never Easy, But It Is Manageable'' - Corpus Christi and McAllen - April 2015
  • 2015 South Texas Human Resources Symposium - ''Navigating the Termination Process: It’s Never Easy, But It Is Manageable'' - San Antonio - January 16, 2015
  • 12th Annual Labor and Employment Law Update - ''Under the Microscope: Will Your Employee Handbook Survive Legal Scrutiny?'' - Austin - November 07, 2014
  • 2014 Laredo Association for Human Resources Management Strategic Planning & Legislative Seminar - ''Bundles of Joy – Pregnancy and Postpartum Issues in the Workplace'' - Laredo - October 15, 2014
  • 2014 Coastal Bend Human Resources Management Association Employment Law Symposium - ''Bundles of Joy – Pregnancy and Postpartum Issues in the Workplace'' - Corpus Christi - September 18, 2014
  • 2014 San Antonio Human Resources Management Association Employment Law Conference - ''Retaliation Litigation: Why Revenge Is a Dish Best Not Served At All'' - San Antonio - September 03, 2014
  • 11th Annual Labor and Employment Law Update - ''To Tweet or Not to Tweet: The Ups and Downs of Addressing Social Media in the Workplace'' - Austin - October 11, 2013
  • 2013 Laredo Association for Human Resources Management Legislative Update: HR Guide for the Next Frontier - ''How to Keep the EEOC Happy and Avoid Hiring an Axe Murderer: Best Practices for Background Checks'' - Laredo - October 09, 2013
  • 2013 Concho Valley SHRM Employment Law Seminar - ''You're Not the Boss of Me: Regulating Employee Conduct'' - San Angelo - September 12, 2013
  • 2013 San Antonio Human Resources Management Association Employment Law Conference - ''The Girl With the Doggone Tattoo - Regulating Employee Conduct On and Off the Job'' - San Antonio - September 04, 2013
  • Ogletree Deakins Briefing - ''Affordable Care Act 101'' - McAllen - April 12, 2013
  • Ogletree Deakins Briefing - ''Affordable Care Act 101'' - Corpus Christi - April 11, 2013
  • Ogletree Deakins Briefing - ''Affordable Care Act 101'' - Laredo - April 04, 2013
  • 2012 SAHRMA Employment Law Conference - ''Background Checks in 2012: How to Strike the Right Balance Between Not Hiring an Axe Murderer, Not Becoming Big Brother, and Not Running Afoul of the EEOC'' - San Antonio - August 29, 2012
  • Texas Association for Home Care & Hospice Annual Statewide Conference - ''Hiring Practices and Background Checks in 2012: How to Strike the Right Balance Between Not Hiring an Axe Murderer, Not Becoming Big Brother, and Not Running Afoul of the EEOC'' - Galveston - August 15, 2012
  • Ogletree Deakins Briefing - ''When is Enough, Enough? How to Handle Medical Leave Issues'' - Corpus Christi and McAllen - April 12 - April 13, 2012
  • Texas Association for Home Care & Hospice Regional Conference - ''Employment and Labor Law: What You Need to Know'' - McAllen - September 14, 2011
  • 2011 SAHRMA and SAMA Employment Law Conference - ''When is Enough, Enough? Dealing with Leaves and Accommodations'' - San Antonio - August 25, 2011
  • Ogletree Deakins Briefing - ''The Changing Face Of Discrimination Law'' - Corpus Christi and McAllen - June 21 - June 22, 2011
  • Ogletree Deakins Briefing - ''The Changing Face Of Discrimination Law'' - San Antonio - April 08, 2011

Published Works

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Our Insights

Media

Media Quotes

January 13, 2016 - Legal Newsline - "Texas SC says company didn't retaliate against employee for filing Workers' Comp claim"
October 17, 2014 - SHRM.org - "Bias Case Against Franchisor Improperly Dismissed"

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