Rory Divin

Rory Divin, dual board-certified in both Labor and Employment Law and Civil Trial Law by the Texas Board of Legal Specialization, maintains a sharp focus on assisting, representing, and advising employers in employment law matters. Rory brings over 30 years of experience to the employer-side of labor and employment with an emphasis on personnel, human resources, and defense litigation. From managing the employee relationship and counseling employers on a range of labor issues, to handling Department of Labor investigations and defending employers against lawsuits brought by employees or the government, Rory enjoys analyzing and solving problems to help proud business leaders.

Rory is a Midwestern native. He was born in Kentucky and grew up in Nebraska and Illinois, but has long since moved to Texas. He and his wife currently live up in Keller. Although he lives north of Fort Worth, he still tries to get over to the Cultural District as often as possible to walk the Japanese Gardens or to grab lunch at the Modern Art Museum. A lover of beautiful and peaceful places, Rory also enjoys golf, art, music, and travel.

Education

  • Masters of Education, Counseling – Texas Christian University, 1991
  • Juris Doctor – Baylor University School of Law, 1981
  • Masters of Arts, Labor Relations – University of Illinois, 1979
  • Bachelor of Arts, Economics – University of Illinois, 1977

Bar & Court Admissions & Certifications

  • State Bar of Texas, 1981
  • Board Certified in Labor and Employment Law, Texas Board of Legal Specialization, 1991
  • Board Certified in Civil Trial Law, Texas Board of Legal Specialization, 1993
  • United States Court of Appeals for the Fifth Circuit
  • United States District Court for the Northern, Eastern, and Southern Districts of Texas
  • Texas State Courts

Awards & Recognition

 
  • Best Lawyers by Best Lawyers Rankings: 2019, 2020 (Employment Law - Management)
  • Texas Super Lawyers by Thompson Reuters: 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018
  • Top Attorneys >5 Years of Practice by Fort Worth, Texas Magazine: 2003, 2004, 2005, 2006, 2007, 2008, 2010, 2011, 2012, 2013 (Labor & Employment - Employer), 2016 (Labor & Employment - Employer), 2018 (Labor & Employment - Employer)
  • Top Attorneys by 360 West Magazine: 2019 (Labor & Employment)

Professional Affiliations & Organizations

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

Volunteerism & Community

  • Arts Council of Fort Worth and Tarrant County, Board Member, 2012-2013
  • Circle Theatre, Past President
  • Woodhaven Country Club, Former Member on Board of Managers
  • The Arc of the United States, Greater Tarrant County, Past President and Board Member
  • West Texas Legal Services, Inc., Past President and Board Member

Presentations

  • Numerous training sessions, lectures, and presentations to clients and the public on harassment, FLSA, employment law, ADA, and many more HR and employment-related topics
  • Presented "The Legal Risks of Retaliation in the Workplace" at the Mid-Cities Human Resource Association's Legal Round Table Discussion; Arlington, TX; July 10, 2019
  • Speaker – Panel on Prosecution – Texas Silver-Haired Legislature Elder Financial Abuse & Exploitative Collaborative, Fort Worth, January 2018
  • The University of Texas at Arlington School of Business, MBA Human Resources Law Course, Lecturer Summer 2000
Rory Divin

Shareholder, Director

Phone 817.347.3604
LinkedIn

Representative Experience & Services

In Rory’s over 30 years of law practice, he has developed considerable expertise in assisting employers in numerous labor and employment, personnel, and HR-related matters, including:

  • Working with employers in managing their employees
  • Dealing with and disciplining difficult employees
  • Responding to government investigation regarding Equal Employment (EEOC) from the Texas Workforce Commission (TWC) and the U.S. Department of Labor
  • Counseling employers on sexual harassment, discrimination, FMLA, ADA, Title VII, termination, wage and hour, non-competition matters, employment policies, and legal compliance
  • Conducting investigations of employer wrongdoing and harassment
  • Conducting mediations in employment cases
  • Helping public and private employers to develop effective employment policies

Rory’s experience extends to representing employers in litigation claims brought by employees or the government in state and all federal courts and before governmental agencies.  Notable litigation experience and outcomes include:

  • Defended private employer sued in Tarrant County state court by former employee alleging retaliation for reporting sex harassment. Favorable defense jury verdict.  Judgment for employer affirmed 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 employment contract. Favorable defense jury verdict.
  • Defended 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 employer in arbitration by employee asserting claims of age discrimination. Employer prevailed.
  • Represented private employer in arbitration brought by former employee alleging racial discrimination and defamation. Arbitrator ruled for employer.
  • 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.
  • Counsel for 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 by former teacher 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.
  • Represented public employer sued in Tarrant County state court by former instructor concerning allegations of sexual assault, sexual harassment, tort, and breach of contract. On appeal, judgment rendered as a matter of law for employer on all grounds except for breach of contract and Texas Labor Code.
  • 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.
  • Represented public employer sued in federal court by former employee alleging sex discrimination and unequal pay. During jury trial, case settled.
  • Represented private employer in federal court suit brought by union under Section 301 of Labor Management Relations Act (LMRA). After jury empaneled, case settled.

Rory also takes on some plaintiff cases.  Some experience includes:

  • Represented plaintiffs against former employer in sex harassment and retaliation case in federal court. After bench trial, judgment for plaintiffs. No appeal.
  • 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 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.
  • 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.