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As chair of the firm’s Labor & Employment Practice Group, Bob Horton represents management in all areas of labor and employment law. Bob’s practice consists primarily of counseling clients regarding employment issues and defending companies against all manner of employment claims throughout the U.S.
Bob has substantial jury trial experience and has obtained defense verdicts in discrimination and retaliation lawsuits across the country. With a robust non-compete practice, Bob has assisted employers in drafting non-compete agreements on a state-by-state basis, enforcing non-compete agreements by way of obtaining injunctive relief, and defending the company and new employees against claims of breach of non-compete agreements with prior employers. Bob assists numerous public companies and executives in the negotiation of employment agreements, as well as executive departures and subsequent issues that arise from equity grants in various forms.
As chair of the firm’s Labor & Employment Practice Group, Bob Horton represents management in all areas of labor and employment law. Bob’s practice consists primarily of counseling clients regarding employment issues and defending companies against all manner of employment claims throughout the U.S.
Bob has substantial jury trial experience and has obtained defense verdicts in discrimination and retaliation lawsuits across the country. With a robust non-compete practice, Bob has assisted employers in drafting non-compete agreements on a state by state basis, enforcing non-compete agreements by way of obtaining injunctive relief, and defending the company and new employees against claims of breach of non-compete agreements with prior employers. Bob assists numerous public companies and executives in the negotiation of employment agreements, as well as executive departures and subsequent issues that arise from equity grants in various forms.
Bob’s practice encompasses:
Employment Litigation – Defending clients in employment lawsuits across the country, including claims of age, sex, national origin, and race discrimination; retaliatory discharge based on various types of “protected conduct” such as workers’ compensation claims, FMLA leave, complaining of unlawful discrimination, and whistleblowing on patient care issues; non-compete matters and the attendant injunctive relief proceedings; employee misclassification issues; wage and hour claims; and class actions.
Employment Law Counseling – Advising clients with respect to discipline and discharge; discrimination and civil rights; sexual harassment; non-competition agreements; disability and leave issues under the ADA and FMLA; wage and hour issues; drug and alcohol testing; veterans’ employment rights; union avoidance; and, other issues.
Investigations – Assisting clients with the investigation of alleged misconduct by employees at various levels of management, from mid-level managers to senior executives, and reporting the investigation results and recommended response to senior management.
Employment Agreements/Severance – Advising clients and drafting employment agreements as well as negotiating the departure of executives and the agreements associated with such departures.
Prior to joining the firm, Bob was labor counsel with HCA where he managed employment litigation for HCA affiliated hospitals. Before his work at HCA, he practiced labor and employment law with the Houston, Texas, firm of Vinson & Elkins.
Memberships
American Health Law Association (AHLA)
As chair of the firm’s Labor & Employment Practice Group, Bob Horton represents management in all areas of labor and employment law. Bob’s practice consists primarily of counseling clients regarding employment issues and defending companies against all manner of employment claims throughout the U.S.
Bob has substantial jury trial experience and has obtained defense verdicts in discrimination and retaliation lawsuits across the country. With a robust non-compete practice, Bob has assisted employers in drafting non-compete agreements on a state-by-state basis, enforcing non-compete agreements by way of obtaining injunctive relief, and defending the company and new employees against claims of breach of non-compete agreements with prior employers. Bob assists numerous public companies and executives in the negotiation of employment agreements, as well as executive departures and subsequent issues that arise from equity grants in various forms.
Representation of a global automotive supplier in an unfair labor practice charge filed by a former employee who alleged that he was discharged in retaliation for engaging in protected concerted activities after he drafted a petition and approached his coworkers for their signatures while they were on the clock and in company work areas.
Representation of a national operator of hospitals and health systems in the negotiation of amendments to approximately 1,200 employment agreements for physicians as a result of the revised calculation of worked Relative Value Units (wRVUs) set forth by the Medicare Physician Fee Schedule Final Rule for Calendar Year 2021 (the Final Rule) issued by the Centers for Medicare & Medicaid Services (CMS).
Representation of a subsidiary of a publicly traded company with respect to a complaint by the Director of Risk and Compliance that he had been retaliated against by the president of the company as a result of his participation in an investigation of anonymous allegations regarding the company’s President and the COO.
Representation of a pain management company in retaliatory discharge claims that stemmed from a False Claims Act (FCA) qui tam lawsuit alleging fraudulent billing for medically-directed services.
Representation of a leading post-acute care provider in a hybrid wage and hour class and collective action under FRCP 23 and the FLSA brought by a group of former employees alleging that they were misclassified as exempt and entitled to overtime compensation for hours worked in excess of 40 hours each week.
Represented a public utility company in a former employee’s appeal to the Tennessee Court of Appeals alleging wrongful termination due to false and misleading information provided at the time of their hire
Settled a hybrid class action case for a private hospital operator for alleged failure to pay nurses for time worked due to a time keeping system that would automatically deduct time for lunches each day
Successfully defended a national restaurant chain against sexual harassment and retaliatory discharge allegations stemming from an investigation which resulted in the Plaintiff’s termination
"Bob Horton frequently represents clients in breach of contract and noncompete disputes. He has further experience in discrimination and retaliation matters." Client feedback: "Bob is outstanding. He has a commanding presence and is persuasive without being overbearing." "Bob is thoughtful and responsive. He provides us with good advice that is tailored to the needs of our business."
