Biography
Sarah Mitchell Montgomery is an employment law attorney with substantial experience representing employers and management in complex cases involving employment discrimination, retaliation and unfair practices and related workplace and business disputes. Sarah regularly assists clients on challenging work-related issues, including high risk discipline and termination scenarios, managing leaves of absence, navigating issues raised by Title VII, the FMLA, the ADA, the ADEA, USERRA and workers’ compensation statutes, investigating allegations of harassment and discrimination, drafting and updating affirmative action plans, and creating and implementing effective and compliant employee-related policies and procedures.
Sarah’s proactive approach to employee relations enables her clients to address employee disputes efficiently and effectively. Sarah distinguishes her practice through her accessibility and responsiveness to clients, her preparation and knowledge of current laws and regulations, and her use of creative and practical strategies for handling employment litigation and resolving personnel disputes and issues with minimal disruption to the employer’s operations.
Sarah litigates employment cases in both state and federal courts, conducts employment law compliance training, counsels employers on preventative compliance strategies, and frequently appears on behalf of employers before numerous administrative agencies, including the Equal Employment Opportunity Commission, the U.S. Department of Labor, the Office of Federal Contract Compliance Programs, and the Texas Workforce Commission.
Sarah is also experienced in evaluating and counseling clients on diversity and affirmative action initiatives and practices, including developing, implementing and updating affirmative action plans. Sarah regularly advises clients on governmental contracting, compliance and other regulatory requirements under Executive Order 11246, the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA), and Section 503 of the Rehabilitation Act of 1973.
Sarah represents clients from a wide range of industries, including retail, law firms and other professional service firms, financial services, oil and gas, physician practices and hospitals, manufacturing, restaurants, and hospitality.
Education
B.A., magna cum laude, Baylor University
- Phi Beta Kappa
J.D., summa cum laude, Texas Tech University School of Law
- Order of the Coif
Bar Admissions
Texas, 2004
Court Admissions
United States District Court for the Eastern, Northern, Southern, and Western Districts of Texas
Employment Litigation
- Discrimination, Harassment and Retaliation
- Failure to Accommodate
- Improper Denial of Medical Leave
- Wrongful Termination
- Breach of Contract
- Defamation
- Whistleblower Claims
- False Imprisonment
- Workplace Torts
Wage and Hour
- Unpaid Wages, Overtime and Commissions
- Employee Misclassification
- Tip Sharing
- FLSA Retaliation
Restrictive Covenants and Confidential Information
- Breach of Restrictive Covenants
- Breach of Fiduciary Duties and Duties of Loyalty
- Theft of Trade Secrets
- Misuse and Disclosure of Confidential Information
Employment Advice and Counseling
- Executive Contracts and Term Negotiations
- Personnel Policies and Practices
- Removal of Architectural Barriers
- Affirmative Action Plans
- Workforce Reductions and Reorganizations
- Severance Agreements
- Employment Contracts and Independent Contractor Agreements
- Disciplining and Terminating Employees
- Accommodating Disabled Employees
- Complicated Employee Leave Issues
- Obtained jury trial victory for Midland hospital in a sexual harassment and retaliation case brought by a former employee.
- The Best Lawyers in America (Woodward/White Inc.)
- Litigation – Labor and Employment, 2021
Publications
- Co-Author, “No One-Size-Fits-All Rules for Business in the Pandemic,” The Texas Lawbook (July 23, 2020)
- Co-Author, “Responding to the Covid-19 Pandemic — The Families First Coronavirus Response Act and Other Tools for Employers,” Bloomberg BNA Tax Management Compensation Planning Journal (April 2020)
- “What Texas businesses need to know about how coronavirus impacts employees,” Dallas Business Journal (March 23, 2020)
- Author, “Employer Headaches: New Sick Leave Laws Expanding Across the US, But Remain in Limbo in Texas,” LinkedIn.com (July 24, 2019)
Speaking Engagements
- “Keeping the Doors Open: Managing Workplace Medical and Legal Risks in the Pre-Vaccine Era,” Jackson Walker webinar (July 10, 2020)
- “COVID-19: Returning to Work,” Jackson Walker webinar (May 1, 2020)
- “Back to the Wild World of Work,” Women in the Know webinar (April 27, 2020)
- “Into The Weeds With The COVID-19 Regulators: A Closer Look At The New Federal Guidance,” FEI Houston (April 24, 2020)
- “COVID-19 & Your Business: Families First Coronavirus Response Act,” Jackson Walker webinar (March 18, 2020)
- “Emerging Local Regulations and the Multistate Employer,” UT Law 26th Annual Labor and Employment Law Conference (May 9, 2019)
- “State and Local Law: Solutions for Multistate Employers,” Labor & Employment Law Symposium (October 11, 2018)
- Texas Young Lawyers Association
- Dallas Association of Young Lawyers
- Texas Bar Foundation, Fellow
- First United Methodist Church in Downtown Dallas, Board of Trustees
- Town of Sunnyvale, Texas, Commissioner – Planning and Zoning Commission
- Sunnyvale Independent School District Strategic Planning Team, Staff Quality and Recruitment Committee Member
- Rob Fest (a fundraiser that raises money for the American Foundation for Suicide Prevention – North Texas Chapter), Organizer and Fundraiser