Hank Gates is a litigator and employment lawyer who represents companies in employment disputes and high-stakes workplace conflicts. Based in Morningstar’s Durham office, he advises employers on a broad range of employment law matters, including discrimination, harassment, and retaliation claims under Title VII, the Americans with Disabilities Act, and other federal and state laws, as well as accommodation, leave, wage and hour, and restrictive covenant disputes. Hank Gates is an employment lawyer and business litigation attorney in Morningstar’s Durham, NC office. His experience covers a broad range of areas in employment law, including discrimination, harassment, and retaliation claims under Title VII, the Americans with Disabilities Act, and other state and federal anti-discrimination laws; religious and disability accommodation, and family and medical leave claims; wage and hour disputes; employee restrictive covenant disputes; misappropriation of confidential information and trade secrets claims; and workforce-related contract disputes. In addition to his broad experience in employment law, Hank has handled construction law, land use, complex contract, business tort, and insurance coverage disputes in state and federal court.
He regularly defends employers in matters involving non-competition and non-solicitation agreements, trade secrets and confidential information, and executive employment and compensation disputes. Hank represents clients in federal and state courts, before administrative agencies, in arbitration and mediation, and has experience handling matters through all phases of litigation, including trial.
Hank’s approach to employment litigation emphasizes a thoughtful, proactive strategy that helps clients navigate disputes with preparation, creativity, and a clear understanding of litigation risk and business impact. His experience includes trying cases to jury verdict, arguing complex dispositive motions, directing and managing discovery, and guiding clients through alternative dispute resolution, dispute negotiations, and risk management. He brings this knowledge and experience to bear in pursuing clients’ goals and achieving favorable outcomes.
In addition to his employment law practice, Hank has handled a range of complex business disputes, including construction, land use, contract, business tort, and insurance coverage matters.
Prior to joining Morningstar Law Group, Hank was an employment and business litigation attorney at one of Virginia’s foremost business and litigation law firms. He also served as Law Clerk to the Honorable Jackson L. Kiser of the U.S. District Court for the Western District of Virginia and to the Honorable Michael C. Allen in the Circuit Court of Virginia.
- Best Lawyers: Ones to Watch – Labor and Employment Law – Management (2021), Litigation – Labor and Employment (2021-2025), Commercial Litigation (2021-2025)
- Best Lawyers: Litigation – Labor and Employment (2027)
- Defended numerous federal and state law claims for discrimination, retaliation, harassment, and hostile work environment in the EEOC, state and federal court, and arbitration.
- Defended numerous federal and state law claims for alleged failure to accommodate under the ADA and FMLA.
- Defended wage and hour claims, including class action lawsuits, for alleged violations of the Fair Labor Standards Act and the North Carolina Wage and Hour Act.
- Defended and prosecuted numerous disputes involving non-competition, non-solicitation, and confidentiality agreements and claims of tortious interference and unfair competition against employers.
- Defended and prosecuted numerous disputes involving misappropriation of confidential information and trade secrets.
- Defended and prosecuted numerous disputes involving executive and management employment agreements and compensation.
- Assisted numerous clients in review and negotiation of proposed employment agreements, separation agreements, and other employment-related contracts.
- “Managing the Modern Workplace: AI, Political Speech, and the Legal Updates Shaping 2026” (2025)
- “Materially Significant Disadvantage” No Longer Required for Race or Gender Discrimination Claims (Muldrow v. St. Louis)
- “Dancin’ in the Rain: Labor and Employment Law Update” (2024)
- “The End of an Era: North Carolina Considers the Future of Extraterritorial Jurisdiction,” The Morningstar (2024)
- “Litigation Boot Camp,” National Business Institute” (2020)
- “Coronavirus (COVID-19) Alerts” (2020)
- “What Constitutes a Restrictive Covenant and Who Should Be Asked to Sign Them?” (2020)
- “Ch-ch-ch-ch-changes: Employers Race to Keep Up with a Host of New State and Local Regulations” (2019)
- “Employment Law: 2019 Comprehensive Guide,” National Business Institute (2019)
- “Arbitration in a Nutshell,” MLG CLE (2019)
- “Business Torts: A Fifty State Guide – Virginia,” Wolters Kluwer Law & Business (2016-2018)
- North Carolina State Bar (2012)
- Virginia State Bar (2010)
- U.S. District Court for the Western District of North Carolina
- U.S. District Court for the Middle District of North Carolina
- U.S. District Court for the Eastern District of Virginia
- U.S. District Court for the Western District of Virginia
- U.S. Court of Appeals for the Fourth Circuit
- North Carolina Bar Association
- Virginia Bar Association
- Clerkship: Hon, Michael C. Allen, Circuit Court of Virginia, 2010-2011; Hon. Jackson L. Kiser, United States District Court, W.D. Va., 2011-2012