Overview

Jim represents employers on all issues concerning the relationship between employee and employer, including discrimination, retaliation, and harassment; covenants not to compete and misappropriation of trade secrets; wrongful termination; wage and hour issues, including failure to pay overtime and misclassification of employees; breach of fiduciary duty and confidence; and breach of employment agreements and contracts. He actively represents employers in federal and state court, arbitration proceedings, and before administrative agencies. In addition, Jim provides counseling to his clients on these issues, including drafting policies, procedures, and agreements relating to all phases of employment. He also handles other forms of complex commercial disputes, both in state and federal courts and in arbitration, as well as prior to the initiation of litigation. Jim also provides corporate assistance to clients, including counseling and drafting relating to company formation and all types of commercial agreements.

Jim is Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization.

Honors & Awards

Named by peers; Best Lawyers in America – Litigation – Labor and Employment, 2020 - 2023

Named to “Super Lawyers List” for Employment and Labor by Texas Monthly Magazine, 2011–2023

Cases

Representative Matters

  • After NLRB Trial, Judge Rejected NLRB's Contention that Former Employee Was Wrongfully Terminated, Refusing Back Pay, Front Pay, & Reinstatement, Resulting in Complete Victory for client
  • Recovered significant sums from former third party administrator for its handling of client’s employee health insurance program leading to large loss claims
  • Obtained victory after jury trial on FLSA overtime claims, including securing a finding that the fluctuating workweek method applied
  • Successfully represented Title IX claimant in regards to claims against educational institution
  • Secured temporary restraining order and other injunctive relief on behalf of former employer
  • Secured dismissal of employment breach of contract and defamation claims brought against former executive with no consideration paid by executive
  • Secured dismissal of FLSA misclassification claims against employer client without any consideration paid by client
  • Secured complete summary judgment for mineral rights owner in claim brought by property owner
  • Secured complete summary judgment against oilfield services company for race discrimination and retaliation
  • Obtained dismissals of EEOC and other administrative charges
  • Defeated multiple applications for temporary restraining order filed by competitor against former employees and new employer.

Professional Affiliations

Civic

Regent, Concordia University—Texas, 2014 - 2023

Reconciler, Lutheran Church – Missouri Synod, 2004 – 2016

Professional

State Bar of Texas

Houston Bar Association

News & Insights

News

Newsbriefs

Credentials

Education

University of Virginia School of Law, J.D., 1992; Member, Virginia Law Review

Texas A&M University, B.A., 1987

Admissions

  • Texas Courts
  • United States Court of Appeals, Fifth Circuit
  • United States District Court, Northern, Southern, Eastern and Western Districts of Texas

Employment

  • Martin, Disiere, Jefferson & Wisdom, L.L.P., May 2001 – present
  • CEMEX, Inc., Houston, Texas, September 1998 – May 2001
  • Bracewell & Patterson, L.L.P., Houston, Texas, August 1992 – September, 1998

Certification

  • Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization
Photo of Jim Cleary

Jim in the News

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