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Jana H. Woelfel

Senior Counsel
fax +1 832.397.3535

Jana H. Woelfel represents management teams and HR professionals in many employment issues including litigation and compliance and policy formulation with respect to federal employment laws.

Jana is a Board Certified labor and employment attorney with experience in a wide variety of labor and employment issues, including representing management in anticipating and responding to all types of employment issues, including litigation, compliance, and policy formulation with respect to federal employment laws, including Title VII, ADA, ADAAA, ADEA, Pregnancy Discrimination Act, FLSA, FMLA, USERRA, Section 1981, WARN, COBRA, GINA, CFAA, FCRA, as well as their state counterparts.

In addition to providing advice and counsel to employers who are beginning to face HR issues, Jana counsels HR professionals and senior management in navigating complex employment issues. She has experience negotiating employment contracts, noncompetition and nondisclosure agreements, preparing employment handbooks and HR policies, developing affirmative action plans and provides advice regarding enforcement of leave policies, termination procedures and pay practices, as well as defending claims of employment discrimination, harassment and retaliation, both before the appropriate administrative agencies and in court.

Jana has also prosecuted and defended multiple TROs and Temporary Injunctions to enforce noncompete and nonsolicitation agreements. Jana is experienced both in conducting external investigations and assisting companies in conducting internal investigations, into allegations of harassment, discrimination, retaliation, as well as other professional misconduct, including embezzlement, kickback schemes, fraud, and breach of fiduciary duty.

Education

J.D., University of Houston Law Center, Houston, Texas, 1993
M.B.A., University of Houston, Houston, Texas, 1993
B.B.A., Texas Tech University, Lubbock, Texas, 1988, Management Information Systems

Recognitions

Named among The Best Lawyers in America® – Employment Law – Management (2019-2023), Litigation – Labor and Employment (2024) by Best Lawyers

Memberships

American Bar Association, Member

Houston Bar Association, Fellow

College of the State Bar of Texas, Member

Arms of Hope, Board of Directors (2008-present)

State Bar Licenses

Texas

Court Admissions

U.S. District Ct., E.D. of Texas
U.S. District Ct., N.D. of Texas
U.S. District Ct., S.D. of Texas
U.S. District Ct., W.D. of Texas
U.S. Court of Appeals, 5th Circuit
How to Conduct an Investigation

Webinar

Reopening the Workplace During & After COVID-19: Tackling Critical Legal Issues and Implementing Employer Best Practices

Webinar

  • Obtained summary judgment dismissing Plaintiff and Intervenor’s race-based retaliation claims against school district under Title VI and Sections 1981 and 1983 of the Civil Rights Act (S.D.Texas, 2011 U.S. Dist. LEXIS 112609).
  • Obtained summary judgment dismissing Plaintiff’s whistleblower, defamation, and Texas Constitutional violation claims (S.D. Texas, 2011 U.S. Dist. LEXIS 65627, 32 I.E.R. Cas. (BNA) 747).
  • Obtained summary judgment dismissing collateral attack of prior judgment (Chambers County [Anahuac] 2010), affirmed by the First Court of Appeals (2011 Tex. App. LEXIS 3183, 355 S.W.3d 155), including expansion of law as relates to segregation of attorneys’ fees.
  • Obtained summary judgment dismissing Plaintiff’s quid pro quo and hostile work environment sexual harassment claims, including dismissal of plaintiff’s “submission as tangible employment action” claims (S.D. Texas, 786 F. Supp.2d1228, 2011 U.S. Dist. LEXIS 40364).
  • Conducted training sessions for several firm clients, including equal opportunity employment / anti-harassment, and FLSA compliance, especially regarding misclassification issues.
  • Assisted firm clients with audits by Department of Labor for compliance with wage and hour laws.
  • Complete defense judgment after bench trial dismissing former employee’s claims for race, national origin, age and disability status claims (S.D. Texas 2010).
  • Successful resolution of internal wage & hour audits on behalf of several firm clients.
  • Obtained summary judgment dismissing state law claims (2013 Montgomery County).
  • Obtained summary judgment dismissing defamation claims against client (Harris County [Houston] 2009).
  • Obtained summary judgment dismissing sexual harassment and retaliation claims by male plaintiff against client in retail service industry (S.D. Texas, 2009 WL 4825221).
  • Successfully resolved a gender discrimination and retaliation matter against client (S.D. Texas [Brownsville] 2009).
  • Successfully resolved a breach of noncompetition covenant, misappropriation of trade secrets by former employees of industry leader (Harris County [Houston] 2008).
  • Enforced a noncompetition covenant against a former salesperson who left to work for a competitor (Harris County [Houston] 2008).
  • Obtained summary judgment that indemnity was owed to client and award of attorneys’ fees after bench trial. (Chambers County [Anahuac] District Court 2006), affirmed by the First Court of Appeals (2008 WL 2756601) , rule 53.7(f) motion denied (2008).
  • Obtained summary judgment that indemnity was owed to client and award of attorneys’ fees after bench trial. (Chambers County [Anahuac] District Court 2006), affirmed by the First Court of Appeals. (2008 WL 2756601).
  • Jury verdict that plaintiff take nothing in breach of contract, negligent hiring/negligent referral case involving the placement of a temporary employee at a jobsite by client, defendant employment agency. (Harris County [Houston] District Court 2007).
  • Obtain summary judgment on FLSA misclassification claim involving multiple employees (S.D. Texas 2007).
  • summary judgment in favor of client delivery company defeating claims of ethnicity discrimination and retaliatory discharge. (Harris County [Houston] District Court 2007).
  • summary judgment in favor of employer in Sex Discrimination Pregnancy Discrimination Act Case against a national retailer (Harris County [Houston] District Court 2006).
  • Obtained complete defense judgment in arbitration proceeding on behalf of employer sued by former employee alleging entitlement to bonus and commissions and retaliatory discharge. (Houston 2005).
  • Defense summary judgment in an ADA case alleging disability discrimination in education and job placement opportunities. (S.D. Texas 2003; judgment affirmed by the Fifth Circuit 2004 [388 F.3d 133]; and certiorari denied by the U.S. Supreme Court 2005, [125 S. Ct. 1412, 2005 LEXIS 2067]).
  • summary judgment dismissing Title VII race discrimination claims filed against transportation company. (S.D. Texas 2003).
  • Obtained dismissal of race discrimination claims against transportation company. (S.D. Texas 2003).
  • Defense judgment confirming terms and scope of benefits denial by an ERISA Administrator under medical insurance plan for a national energy company. (Fort Bend County 2003).

Presentations

  • How to Conduct an Investigation, Clark Hill Webinar (July 2020)
  • Reopening the Workplace During & After COVID-19: Tackling Critical Legal Issues and Implementing Employer Best Practices, Greater Houston Women’s Chamber of Commerce Webinar (July 2020)
  • Snap (chat), Crackle & Pop: Social Media in the Workplace, Strasburger’s Employment Law Breakfast Series (September 2017)
  • The Four Horsemen of the Employment Industry, Strasburger’s Employment Law Breakfast Series (May 2017)
  • DOL Changes on the Horizon – How Will They Impact You in 2016?, Strasburger’s Employment Law Series (June 2016)
  • Rules of Procedure Update, Client Presentation (April 2016)
  • Take a Byte Out of Cybercrime, Strasburger’s Employment Law Breakfast Series (December 2015)
  • Horrible Bosses and the Workplace Bully, Strasburger’s Employment Law Breakfast Series (May 2015)
  • What Happens when Hidden Bias is not so Hidden Anymore, Strasburger’s Employment Law Breakfast Series (February 2015)
  • No Pot, No Tats, No Cigs…No Gig!, Strasburger’s Employment Law Breakfast Series (September 2014)
  • Federal Agency Activism – Always Looking for New Targets, Strasburger’s Employment Law Breakfast Series (May 2014)
  • Don’t Let Cupid Steal Your Secrets – Protect Confidential Information with Texas’ New Uniform Trade Secrets Act, Strasburger’s Employment Law Breakfast Series (February 2014)
  • Holiday Cheer & Plans for Next Year, Strasburger’s Employment Law Breakfast Series (December 2013)
  • Independent Contractors – Yeah, Right!, Strasburger’s Employment Law Breakfast Series (September 2013)
  • BYOD BEWARE:Likes, Tweets, Tags, and Other Things That Aren’t Private at Work, Strasburger’s Employment Law Breakfast Series (May 2013)
  • You’d Have to be Crazy to Work Here: Mental Health Meets the ADA, Strasburger’s Employment Law Breakfast Series (February 2013)
  • 4 Topics Sure to Curl Any HR Elf’s Toes: Gender, Orientation, Pay, and Qualifications, Strasburger’s Employment Law Breakfast Series (December 2012)
  • Employee Privacy: Important Information about Monitoring Employee Communications and Computer Usage, Strasburger’s Employment Law Breakfast Series (May 2012)
  • Panelist. Using Creativity to Make Better Health Care Decisions, North Dallas Chamber of Commerce Healthcare Conference (December 2007)

Publications

  • “Don’t Worry Be Happy” is Against the Law, Strasburger Employment Law Blog (May 2016)
  • Irrational Women Demand Equal Pay, Strasburger Employment Law Blog (April 2016)
  • When Your Diversity Training Sounds Like a Saturday Night Live Skit, Strasburger Employment Law Blog (May 2015)
  • You Can’t Cure Stupid, and Unfortunately, You Can’t Sue for It Either, Strasburger Noncompete Blog (July 2012)
  • “Time is on My Side,” said Mick Jagger (and the Employee Armed with the Handy New Guide from the DOL), Strasburger Employment Law Blog (July 2012)
  • At Least Half a Million Reasons Why a Ten-Year Non-Compete Was Reasonable, Strasburger Noncompete Blog (April 2012)
  • It Gets Better” for America’s Transgendered, Strasburger Employment Law Blog (April 2012)
  • I Need More Employees Like That…Uhh, on Second Thought, No I Don’t, Strasburger Employment Law Blog (January 2012)
  • Three Cheers for the Office Holiday Party!!, Strasburger Employment Law Blog (December 2011)
  • The Case of the Missing Hot Dogs, Strasburger Employment Law Blog (July 2011)
  • Texas Political Subdivisions No Longer Haunted by the Specter of Retaliation Claims, but Like Any Ghoul May Rise Again, Strasburger Governmental Newsletter (May 2011)
  • Drugs, Sex, Rock & Roll…and…Overtime?, Strasburger Employment Law Blog (February 2011)
  • Cocktail Waitress in a Dolly Parton Wig Need Not Apply, Strasburger Labor & Employment Newsletter (February 2011)
  • New $25 Million Blockbuster – Coming Soon to an Employer Near You!!, Strasburger Employment Law Blog (April 2010)
  • It Sounds Like the Start of a Joke, but it’s Not Funny: When is an Employer’s Computer System Not the Employer’s Computer System?, Strasburger Employment Law Blog (August 2009)
  • Free Speech/ Defamatory Speech, Strasburger Employment Law Blog (May 2009)
  • Series of Setbacks for FedEx, Association Of Transportation Law Professionals: Association Highlights (January-February 2008)
  • One Size Does Not Fit All: Harassment Policies Must be Tailored to Your Workforce, Strasburger Labor & Employment Newsletter (January 2008)
  • When Cargo Sways, Who Pays? Maybe Not Whom You Think, Association Of Transportation Law Professionals: Association Highlights (November-December 2007)
  • Never Mind On ”No-Match Letters”, Association Of Transportation Law Professionals: Association Highlights (November-December 2007)
  • The Ice-Man Cometh with Criminal Liability for an Illegal Work Force, Association Of Transportation Law Professionals: Association Highlights (September-October 2007)
  • Car Dealerships Not in Transport Business, Association Of Transportation Law Professionals: Association Highlights (September-October 2007)
  • Show Me The Money: Supremes, Congress Weigh In On Pay Discrimination, Association Of Transportation Law Professionals: Association Highlights (July-August 2007)
  • *&#(@$! You; And Don’t Forget The Benefits, Association Of Transportation Law Professionals: Association Highlights (July-August 2007)
  • Imus’ Firing Shine Spotlight On Racial Slurs In The Workplace, Association Of Transportation Law Professionals: Association Highlights (May-June 2007)
  • Cabbies Facing “Severe” Penalties, Association Of Transportation Law Professionals: Association Highlights (May-June 2007)
  • Employers May Enforce Restrictive Safety Standards, Association Of Transportation Law Professionals: Association Highlights (May-June 2007)
  • What You Don’t Know About Your Information Systems Can Hurt You, Strasburger Labor & Employment Newsletter (May 2007)
  • Wal-Mart Faces Largest Civil Rights Proceeding In History, Association Of Transportation Law Professionals: Association Highlights (March-April 2007)
  • Sex Discrimination: Claim For Failure To Hire Female Truck Driver Fails, Association Of Transportation Law Professionals: Association Highlights (January-February 2007)
  • ‚ÄãCourt Blocks Aggressive Recruiting Tactics, Association Of Transportation Law Professionals: Association Highlights (January-February 2007)

Media

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