Mark McNitzkyMark McNitzky Clark Hill
Mark McNitzky provides timely advice and counsel to business management clients, including both non-profit and for-profit entities. His industries of practice include construction, education, financial, health care, oil and gas, and retail.
Mark advises on an array of employment issues such as employee contracts, discipline, hiring, and termination, unemployment compensation, compliance with federal leave, wage and hour, and anti-discrimination laws, and COVID-19 accommodation and leave matters.
Mark defends clients in employment law litigation and arbitration matters involving single-plaintiff and collective cases alleging civil rights violations, including age, disability, national origin, race, sex and religious discrimination and federal leave issues, disputes alleging minimum wage and overtime violations, and lawsuits alleging workers’ compensation retaliation and breaches of non-compete agreements. Pre-litigation, Mark handles charges of discrimination brought before the Equal Employment Opportunity Commission and the Texas Workforce Commission – Civil Rights Division at the administrative level, including representing clients during onsite investigations and witness interviews.
Mark’s practice also includes reviewing and negotiating executive and employment agreements and contracts, paying special attention to confidentiality, non-disclosure, non-compete, and non-solicitation provisions.
- Obtained summary judgment in the United States District Court for the Southern District of Texas in March 2014 in favor of multi-national manufacturing company in suit brought by former employee alleging a failure to accommodate, disability discrimination and retaliation in violation of the Americans With Disabilities Act and the Americans With Disabilities Act, As Amended.
- Successfully represented limited liability company defendant in a breach of contract case tried to a jury in State District Court in Cameron County, Texas in September of 2011.
- Represented and defended businesses and individuals throughout the Rio Grande Valley and South Texas, including large financial institutions and oil and gas companies.
- Represented various creditor financial institutions in bankruptcy proceedings and collection matters in state and federal courts throughout South Texas.
- Represented and defended multiple Fortune 500 companies in employment discrimination cases in state and federal courts throughout Central and South Texas.