Andrew S. Golub

Mr. Golub has practiced employment law since the mid-1990s. He has been Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization since 1998, and for nearly 25 years his practice has focused on employment and civil rights-related counseling and litigation.  He has represented workers and small businesses in cases involving:

  • Race discrimination
  • Sex discrimination
  • Pregnancy discrimination
  • Sexual Harassment
  • National origin discrimination
  • Disability discrimination
  • Wage discrimination/Equal Pay Act
  • Hostile work environments because of race, sex, age, national origin, and disability
  • Religious discrimination
  • Employee benefits
  • Breach of contract
  • Theft of trade secrets
  • Non-compete agreements
  • Defamation
  • Free speech rights
  • Due process rights
  • Equal protection claims
  • Whistleblower rights

Mr. Golub has represented graduate students, medical students, medical residents, medical fellows, and physicians throughout Texas in a variety of disciplinary matters, including appeals of dismissal from academic programs.  He has also represented individuals and businesses in all kinds of business disputes, including matters involving copyright and antitrust law.

Mr. Golub has tried dozens of cases throughout the state and federal courts in Texas, and before arbitrators appointed by the American Arbitration Association.  He has also handled appeals before the state and federal appellate courts, including the Texas Supreme Court, the Fifth Circuit Court of Appeals, and the United States Supreme Court.

Some representative matters include:

Sex Discrimination
  • In 2017, he represented an associate at a large national law firm who claimed that a firm partner drugged and sexually assaulted her at a hotel while they were traveling for business. The matter settled confidentially in mediation before a lawsuit was filed.
  • In 2017, he represented a corporate executive whose boss, the company’s owner, had been sexually harassing her for years. His client had stacks of harassing emails in which the owner professed his love of and attraction to her, none of which she ever welcomed. This matter also settled confidentially in a pre-suit mediation.
  • In 2014, he represented a female salesperson who had been harassed by the owner of the company where she worked. The owner had made many sexually-charged statements to her, implied to customers that she was a prostitute, and encouraged her to dress provocatively when making sales calls. The last straw was when he physically grabbed her breasts in front of customers and other employees (including the company’s lawyer) at a work dinner. This matter settled confidentially at mediation while the client’s charge was pending with the EEOC.
  • In 2012-13, he represented (and ultimately negotiated a confidential settlement for) a private university graduate student who had been sexually harassed by her dissertation advisor and then subjected to retaliation after she complained about the harassment.
  • In 1999, Mr. Golub successfully represented a University of Texas medical school professor in San Antonio who was being significantly underpaid because of her gender. The jury ruled in his client’s favor. Mr. Golub subsequently handled the appellate briefing leading to affirmance by the court of appeals.
Age Discrimination
  • In 2018, he obtained a substantial pre-suit settlement for a university department chairman who was terminated because of his age.
  • In 2017, he obtained a substantial settlement for an older, African-American worker who was passed over for a significant promotion. His client was highly-qualified for the position and had even performed the job on an interim basis while a search was conducted. Instead of awarding his client the position, the employer ultimately selected a white candidate half the plaintiff’s age who did not meet the job’s minimum requirements.
  • In 2001, Mr. Golub successfully represented John Getter, a former reporter with KHOU-TV in Houston, who was terminated because of his age. The case was tried and an arbitrator ruled for Mr. Getter, entering a substantial award of damages and legal fees.
Disability Discrimination/Disability Rights
  •  He recently represented an employee who was terminated because of a disability and request for medical leave. Internal company documents revealed animus towards the client because of his condition and need for medical leave. The matter settled in mediation for a substantial amount.
  • In 2018, he obtained a substantial settlement for an employee who was terminated because of a history of back problems.
  • In 2016, he represented an employee with a neurological condition who was being discriminated against because of his condition and was then subjected to retaliation after he complained to the EEOC. This matter settled for a substantial but confidential amount before suit was filed.
  • In 2013, he represented an employee with a Fortune 500 company who experienced discrimination after attempting to return to work with a service animal. This matter was also amicably resolved prior to trial.
  • In 2007, he represented a firefighter with Type 1 diabetes who was terminated after experiencing a hypoglycemic event while in the firehouse.
  • In 2002, he represented a salesperson with kidney disease who worked for a small company. The client had a kidney transplant, which caused the company’s health insurance premiums to skyrocket. The company explored every option to reduce the premiums, but to no avail. So the client was fired, whereupon the owner immediately announced that with him gone “now we can get cheaper insurance”, which they proceeded to do. The case settled on the courthouse steps, moments before picking a jury.
  • In the late 1980’s, as a law student intern, he spearheaded a suit that ultimately invalidated a federal Medicaid regulation affecting thousands of disabled children throughout Connecticut.
Race Discrimination
  • In 2011, he represented a woman of south Asian descent who, along with some friends, was denied entry into a local bar because, she was told, “There are too many Indians and we’ve reached out quota.”
  • In 2008, he obtained a substantial settlement for a client who had been subjected to significant race discrimination on the basis of race while working for her employer. Most of the facts were unknown until Mr. Golub procured an affidavit from a former co-worker providing first-hand testimony about management’s use of race-based slurs about the client and deliberately giving his client bad assignments in hopes that she would quit.
  • In 2005, along with the San Antonio office of the United States Equal Employment Opportunity Commission, he settled a case for a restaurant worker who was subjected to racial epithets and slurs during the course of his employment.
  • In 2001, he successfully represented a class of applicants for police and fire department jobs with the City of Houston, successfully arguing that the City’s hiring practices were, on their face, a violation of state civil service law and a pretext for race discrimination. That case led to entry of an agreed Consent Decree that substantially altered the City’s police and fire hiring practices.
  • In the mid-1990’s, he represented an African-American customer at a Denny’s restaurant who was accosted and held at gunpoint by a security guard known by management to hve engaged in racist conduct.
Religious Discrimination
  • In 2012, he obtained a substantial settlement for an employee who had been subjected to religious-based harassment during the course of her employment.
  • He has on several occasions represented religiously-observant people (e.g., Seventh Day Adventists, orthodox Jews) whose requests for religious accommodations because of sabbath or other observances have been refused.
Family & Medical Leave Act
  • In 2018, he obtained a substantial settlement for an employee who was terminated just hours after requesting FMLA leave from his employer.
  • In 2017, representing a medical practice in defense of an FMLA case, he obtained a summary judgment in the defendant’s favor on grounds that the practice was not covered by the statute.
  • In 2014, he successfully represented an employee with a medical condition who was threatened with termination and then fired for using FMLA leave.
  • In 2001, he represented a mentally-ill employee who committed suicide after his employer fired him instead of giving him leave under the FMLA.
Overtime
  • In 2018, he settled a collective action on behalf of a class of construction workers who had not been paid overtime compensation. The settlement included entry of a judgment against the corporate entity for more than $1.3 million.
  • In 2018, he represented multiple individual employees in separate lawsuits alleging failures to pay overtime. Each of these cases settled.
  • Between 2013 and 2016, he defended three companies in a related industry in overtime collective actions filed in Texas and Florida. These cases involved a matter of first impression in that no court had ever considered whether the specific job performed by the plaintiffs was or was not exempt under the Fair Labor Standards Act.
  • In 2013, he tried and won an overtime against a local criminal defense attorney who had failed to pay his assistant overtime compensation. The trial judge entered a judgment for nearly $137,000.
Retaliation
  • In 2016, he represented a business client that was being sued for retaliation in federal court in Atlanta. The case settled for nuisance value after Mr. Golub deposed the plaintiffs.
  • In 2009, he obtained a confidential, pre-suit settlement for a former employee who was terminated three days after complaining that she and other female employees were being sexually harassed by a supervisor.
  • In 2009, he obtained a confidential, pre-suit settlement for a former employee who was terminated three days after complaining that she and other female employees were being sexually harassed by a supervisor.
  • In 2006, he represented the National Employment Lawyers Association (“NELA”) and three other national civil rights organizations as amicus curiae in Burlington Northern & Santa Fe Railway v. White, a major retaliation case pending before the U.S. Supreme Court. The Court ruled unanimously in favor of the employee, Sheila White, and eight of the justices largely adopted the position advanced in NELA’s brief.
  • In 2003, he represented a company manager who was fired shortly after he objected to rampant discrimination against the company’s employees of Vietnamese origin.
  • In 2004, he represented a salesperson who was subjected to retaliation after she complained about being subjected to rampant gender and age-based discrimination. The retaliation was witnessed by an HR representative who herself concluded that management’s conduct was retaliatory.
  • In 2005, he represented the HR representative referenced in the preceding entry. She was terminated shortly after the preceding case settled and was explicitly told that they had had to settle because of her. She immediately retained Mr. Golub to represent her interests.
  • In 2002, he represented a public employee who was subjected to retaliation after she, along with other women, made internal complaints of discrimination. The jury found retaliation after deliberating for only 45 minutes.
  • In 2002, he obtained a temporary injunction for the Plaintiff in Sandeep Rao v. Texas Tech University Health Sciences Center, a free speech retaliation case. Texas Tech had tried to expel Mr. Rao, a student journalist enrolled in a joint MD/MBA program, because of an article he wrote for the school newspaper. The injunction kept Mr. Rao in school through his graduation. The Amarillo Court of Appeals upheld the injunction in 2003 and the case thereafter settled.
Non-Compete/Non-Solicit/Theft of Trade Secrets
  • In 2018, he represented an out-of-state employee who had just been sued in Houston for allegedly stealing trade secrets. In just three weeks he managed to convince the former employer that the lawsuit was factually meritless and to dismiss it outright.
  • In 2014, he represented an employee accused of violating an agreement not to solicit former employees. After successfully obtaining summary judgment on grounds that the agreement was overly broad (and therefore unenforceable as written), the trial court entered an order reforming the agreement but awarding no damages or attorney’s fees. The case settled shortly thereafter.
  • In 2013, he represented an employee accused of breaching a multi-year non-compete agreement. After Mr. Golub took a single deposition of the employer, the parties agreed to an injunction narrowing the non-compete obligation to just nine months
  • In 2008, he defended the former executive of a Beaumont-based manufacturer who was sued in Beaumont in supposed violation of a non-compete agreement and for allegedly misappropriating trade secrets. The firm successfully moved the court to transfer the case to Wisconsin, where the client’s new employer was based. The case then settled after it was transferred to that more favorable forum.
Employee Benefits
  • In 2018, he represented a widow whose survivor pension benefits had been cut off by her husband’s former employer. The pension payments were restored following a single letter from Mr. Golub.
  • In 2015, he represented a former corporate executive who had suffered a series of debilitating strokes but had been denied benefits under his employer-provided disability insurance policy. Mr. Golub successfully represented the client in litigation and obtained a substantial settlement for the client.
  • From 2009-2011, he successful defended a Continental Airlines pilot and his wife being sued by Continental Airlines to return pension funds that had been disbursed upon their divorce, prior to their eventual reconciliation and re-marriage. They were two of fourteen defendants being sued on similar legal theories. Based upon arguments he developed, the trial judge dismissed all ERISA-based claims against the defendants, which the Fifth Circuit Court of Appeals subsequently affirmed.
  • In 2010, he represented a former manager at a major corporation who had suffered cognitive impairments – commonly called in the medical literature as ‘chemo brain’ – following treatment for breast cancer. After her disability insurer denied benefits, Mr. Golub wrote a lengthy appeal letter on the client’s behalf. The insurer then reversed its decision.
  • In 2004, he represented a former welder suffering from peripheral neuropathy, a common symptom of manganese poisoning from welding rods. He had applied for disability benefits, but his insurer invoked the two-year limitation on psychiatric benefits since one of his many medications was also used for psychiatric purposes. The insurer claimed that there was no objective evidence that the client had any neurological problems. Mr. Golub’s lengthy appeal letter pointed out the many references in the medical records to the client’s continuing problems, including one doctor’s observation that the client was “permanently disabled” and at constant risk for “sudden loss of consciousness.” After receiving Mr. Golub’s appeal, the insurer reversed its decision.
  • In 1998, he tried a case for Roosevelt Collins, an industrial worker at Smith Int’l, Inc., whose hand had been crushed in an on-the-job accident. Smith had a self-insured disability insurance plan and, despite giving Mr. Collins specific instructions about when to submit an application (which he followed), it ultimately denied his claim as untimely. Twenty minutes after the parties rested, the trial judge ruled from the bench in Mr. Collins’ favor. Mr. Golub then successfully defended the win on appeal to the Fifth Circuit Court of Appeals.
  • In the early 1990’s, he represented a class of Arkansas textile workers whose ERISA-regulated stock ownership plan was sold company stock at more than four times the stock’s market value.
Breach of Contract
  • In 2015, he successfully represented Situs, a Houston-based real estate consulting firm. Some employees in New York were claiming to have been promised more than $1.5 million in bonuses and threatened to file suit in Massachusetts. Instead, Mr. Golub sued on Situs’ behalf in Houston seeking a determination that it owed no contractual obligation to pay the employees anything. The case eventually settled with the employees releasing their claim to compensation and paying tens of thousands of dollars towards Situs’ legal fees.
  • In 2013, he successfully represented a petrophysicist who had been sued for leaving an independent contractor job without providing the required amount of advance notice. He had left because the employer had not paid him anything for his work and apparently did not intend to (until after he quit). The case went to trial. While the jury found that the client had technically breached his contract by not giving notice, it also determined that he had caused no damage. Thus, this was a complete victory for Mr. Golub’s client.
  • In 2010, he represented a young analyst at a real estate firm. Firm management encouraged all employees to develop business, assuring them that they would be paid on any deals they brought in. After the client turned into one of the office’s largest rainmakers, the firm decided to fire him and not pay him on what turned out to be the office’s biggest deal of the year thus-far. The case was tried in arbitration. The arbitrator ruled in favor of Mr. Golub’s client, awarding damages and fees.
  • In 1998, he represented a terminated telecom executive. The client had a written, three-year employment contract, but the CEO fired him with more than 2 ½ years remaining. Following a multi-day arbitration hearing, the arbitrator awarded the executive all back pay and stock options due him through the contract’s term, along with attorney’s fees and costs.
Severance Agreements
  • In 2018, he represented the General Counsel and Secretary of a publicly-traded company in negotiations pertaining to his separation. These negotiations resulted in approximately $1.3 million in consideration being paid to his client.
  • In 2018, he represented in severance negotiations the President and Chief Executive Officer of a local logistics company.
  • In 2017, he represented in severance negotiations the Chief Commercial Officer of that same logistics company.
  • In 2016, he represented a Senior Vice President of a publicly-traded company in connection with severance negotiations.
  • In 2006, he represented in severance negotiations a senior executive of a Texas-based bank.
  • In 2005, he successfully represented in severance negotiations three departing executives of an internet startup.
Miscellaneous Cases
  • Represented the coach of a U.S. Olympic team in a U.S. Olympic Committee arbitration involving an alleged breach of his employment contract. Because of unique aspects pertaining to USOC arbitrations, this case went from filing to trial in approximately three weeks.
  • Represented a prominent Houston entrepreneur who had been defamed on a nationally-syndicated news magazine show.

Publications & Presentations

“Staub v. Proctor Hospital: The Cat’s Paw Theory Explained”at State Bar of Texas 21st Annual Advanced Employment Law Course
January 18, 2013
“Retaliation Update:Why These Cases Are So Popular/Dangerous”
at State Bar of Texas 22nd Annual Labor & Employment Law Update
September 17, 2011
“Interstate Battles Over Covenants Not to Compete/Injunctive Relief”
at State Bar of Texas Advanced Employment Law
January 23, 2009
“The Legal Landscape After Burlington Northern: Emerging Issues in Retaliation Cases”
Panel Discussion at National Employment Lawyers Association Annual Convention, San Juan, Puerto Rico
June 30, 2007
“The Single Most Important Things About the Top 10 Employment Law Issues”
Panel Discussion at State Bar of Texas Advanced Employment Law
February 1, 2007
“Legal Protections for Employees: Disabilities and Family Leave”
Houston Area Medical Social Worker’s Association
October 16, 2006
“Legal Protections for Employees: Disabilities and Family Leave”
Houston Area Medical Social Worker’s Association
October 16, 2006
“Legal Protections for Employees: Disabilities and Family Leave”
Houston Area Medical Social Worker’s Association
October 16, 2006
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