Rory Divin

Rory Divin is board certified in Labor and Employment Law and Civil Trial Law by the Texas Board of Legal Specialization. A shareholder and director with McDonald Sanders, he has more than 32 years of experience as a practicing attorney.

Rory has worked with numerous clients, including large and small companies, public organizations and individuals. He has developed considerable expertise in the field of employment and labor law and has extensive counseling and trial experience representing employers in Title VII, sexual harassment, age discrimination, ADA, wrongful termination, wage and hour, trade secret, unfair competition and non-competition matters.

During his tenure at McDonald Sanders, Rory has helped public and private employers develop effective employment policies and comply with labor and employment laws. He has also assisted employers in defending again against claims filed in state and all federal courts and before governmental agencies.

Representative Experience

  • Defended private employer sued in Tarrant County state court by former employee alleging retaliation for reporting sex harassment. Favorable defense jury verdict. As of February, 2014, case on appeal.
  • Represented private employer sued by former employee in Tarrant County state court for retaliation due to worker's compensation claim. Favorable defense jury verdict. No appeal.
  • Defense counsel for private employer sued by former employee in Tarrant County state court for breach of contract. Favorable defense jury verdict.
  • Advised private hospital in federal court suit brought by the United States seeking access to physician peer review records related to race discrimination investigation. After bench trial, court held for the hospital, upheld on appeal.
  • Represented plaintiffs against former employer in sex harassment and retaliation case in federal court. After bench trial, judgment for plaintiffs. No appeal.
  • Represented public employer sued in federal court by former employee alleging sex discrimination and unequal pay. During jury trial, case settled.
  • Counsel for plaintiff in suit against former employer in Tarrant County state court in sex discrimination and defamation case. Case settled during trial after both sides presented evidence to the jury.
  • Advised private employer in federal court suit brought by union under Section 301 of Labor Management Relations Act (LMRA). After jury empanelled, case settled.
  • Counsel for plaintiff in suit against former employer in age discrimination case in federal court. Favorable jury verdict and judgment for plaintiff which was upheld on appeal.
  • Represented private employer in arbitration brought by former employee alleging racial discrimination and defamation. Arbitrator ruled for employer.
  • Represented employee in state court suit by former employer seeking enforcement of non-competition agreement. Court ruled in favor of former employee after temporary injunction hearing.
  • Defended private employer sued in Tarrant County state court by former employee alleging age discrimination, breach of contract, invasion of privacy and defamation. Summary judgment for employer, affirmed on appeal.
  • Advised private university sued in Tarrant County state court by former employee alleging sexual harassment, breach of contract and defamation connected to tenure denial. Summary judgment for employer, affirmed on appeal.
  • Counsel for public employer in lawsuit brought by former employee alleging wrongful dismissal. Motion to dismiss granted in favor of employer, no appeal.
  • Represented private employer sued in Tarrant County state court for by former employee for breach of contract over non-renewal of appointment. Summary judgment for employer, affirmed on appeal.
  • Defended private employer sued by former employee in Tarrant County state court alleging breach of contract to issue stock. Summary judgment for employer, no appeal.
  • Advised public employer sued in Tarrant County state court by former instructor concerning allegations of sexual assault, sexual harassment and breach of contract. On appeal, judgment rendered as a matter of law for employer on all grounds except for breach of contract.
  • Counsel for public employer in lawsuit brought by employee in federal court alleging race discrimination due to non-promotion. Summary judgment for employer, no appeal.
  • Represented public employer sued by former employee in federal court alleging race discrimination due to position elimination. Summary judgment for employer, affirmed on appeal.
  • Advised private employer sued by former employee in federal court alleging sexual harassment. Summary judgment for employer, no appeal.
  • Defended private employer sued in federal court by employee alleging breach of mediated settlement agreement. Summary judgment for employer on employee's claims.

Professional Affiliations

  • State Bar of Texas
    • Labor & Employment Law Section
    • Litigation Section
  • Federal Bar Association
    • Member and past President, Fort Worth Chapter
  • Tarrant County Bar Association
    • Labor and Employment Law Section, past Chairman

Bar and Court Admissions

  • Texas, 1981
  • United States Court of Appeals for the Fifth Circuit
  • United States District Court for the Northern District of Texas
  • United States District Court for the Eastern District of Texas

Professional Recognition

  • Top Attorney, Fort Worth, Texas magazine, 2003-2008, 2010 - 2013
  • Texas Super Lawyers, Texas Monthly, 2007-2015
  • AV Preeminent Rated, Martindale-Hubbell

Presentation Topics

  • The University of Texas at Arlington School of Business, MBA Human Resources Law Course, Lecturer Summer 2000

Community Activities

  • Arts Council of Fort Worth and Tarrant County, Board Member, 2012-2013
  • Circle Theatre, past President
  • Woodhaven Country Club, Member, Board of Managers
  • Association for Retarded Citizens of Greater Tarrant County (ARC), past President
  • West Texas Legal Services Inc., past President