Kevin S. Mullen

Principal
The Mullen Firm PLLC
April 2017 – Present
Austin, Texas

Representation of employers and employees in all aspects of employment litigation. Employment counselor focused on OSHA, performance management, policies and procedures, non-compete agreements, discrimination and harassment, and related litigation.

Successfully represented employees in wage and hour, whistleblower, age discrimination, Equal Pay Act, Family Medical and Leave Act, workers' compensation retaliation, disability discrimination, sexual harassment, breach of contract, and noncompete matters.

Mediator of employment-related disputes.

Shareholder
Littler Mendelson, PC
Nov. 2006 – April 2017
Dallas/Austin, Texas

Co-founded Littler's Austin office. Represented management in employment-related litigation. Advised and counseled clients regarding all aspects of the employment relationship.

Attorney
Thompson, Coe, Cousins & Irons, LLP
June 2003 – Oct. 2006

Represented management in employment litigation of all kinds.

Honors Attorney
Office of the Texas Attorney General
Aug. 2001 – June 2003

Defended the constitutionality of state programs and statutes and represented state agencies charged with employment discrimination.

Skills & Interests:

Proficient and efficient defense of clients in state and federal court, administrative proceedings, and private arbitrations. Notable victories include the dismissal of contested OSHA citations following trial, defense verdict in whistleblower/retaliation case for trucking company, defense verdicts in two age discrimination arbitrations against insurance carrier, defense verdict in civil rights case against school district, and defense verdicts in two discrimination/tort cases against automobile dealership. Skilled in all aspects of summary judgment and motion practice.

Counsels clients on pressing employment issues, such as terminations and suspensions, the enforcement of non-compete agreements, dealing with difficult employees, and handling disability accommodation and leave requests. Responds quickly to client inquiries and provides business-focused, concrete advice upon which clients can rely to make real-world decisions.

Advises executives in assessing and negotiating employment agreements, non-compete agreements, and severance packages. Selected representation of executives and employees in wrongful termination, non-compete, and other employment-related claims.

On-site investigation and assessment of employment- and compliance-related claims and preparation of reports for use in employment actions and anticipated litigation.

Mediation of employment-related disputes.

Specialties:

Board Certified in Labor & Employment Law - Texas Board of Legal Specialization
Representation of Management in Discrimination, Harassment, and Employment Litigation
OSHA and Workplace Safety
Employment discrimination (Title VII)
Employee handbooks
Non-compete agreements
Americans with Disabilities Act
Wage and hour issues (Fair Labor Standards Act)
Age Discrimination in Employment Act
Family and Medical Leave Act
Civil rights
Employment torts
Contract issues
Whistleblower claims
Architectural barriers / accessibility issues
Workplace Investigations
Executive and Employee Representation
Mediation of Employment-Related Disputes