Bernardo, Micala

Micala is a go-to attorney for companies in all industries facing high-stakes employment litigation. Micala represents employers in a wide variety of employment litigation matters, including cases involving breach of contract and fiduciary duty claims, claims of discrimination, harassment, retaliation, and wrongful discharge, claims related to misclassification of employees and failure to pay for time worked, and claims for misappropriation of trade secrets, defamation, tortious interference and unfair competition.

Micala also represents high-level employees and executives in connection with claims relating to breach of non-competition agreements, breach of fiduciary duty, and misappropriation of trade secrets. Micala has extensive experience representing employers and high-level employees offensively and defensively with respect to employee mobility claims, and she has achieved success both prosecuting and defending actions for emergency injunctive relief in various courts across the country in connection with those cases.

Micala has represented employers in state and federal courts in multiple states and before several administrative agencies, including the Equal Employment Opportunity Commission, the Department of Labor, the Office of Federal Contract Compliance Programs and the Texas Workforce Commission. Micala has also represented employers in connection with arbitrations before the American Arbitration Association, JAMS, and the FINRA.

Micala also conducts workplace investigations, including into claims of discrimination, harassment, retaliation, and other workplace misconduct.

Drawing from nearly two decades of experience, Micala also proactively works with clients in efforts to improve workplace policies and avoid litigation. Micala also advises clients on compliance with a wide range of labor and employment related statutes and regulations, including but not limited to: WARN, the FMLA, the FLSA, Title VII, the ADA, the ADEA, OSHA and the OWBPA.

Micala regularly counsels employers regarding hiring and termination decisions, employment policies and employee investigations and obligations in connection with reductions-in-force. Micala also prepares and negotiates separation and release agreements, employment contracts and independent contractor and consulting agreements, and non-competition and confidentiality agreements. Micala also counsels clients regarding labor and employment obligations and representations in connection with mergers and acquisitions.