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For Employers

For Texas employers, "bad" things often begin with an unexpected letter—a fax or letter from the Texas Workforce Commission (TWC), Department of Labor (DOL), Equal Employment Opportunity Commission (EEOC) or a lawyer representing a former employee. A recent national report predicts a significant growth in employment-related lawsuits against employers. Thus, the likelihood of receiving one of these letters is greater today than at any point in recent memory. That’s the “bad” news.

The “good” news is that, depending on an employer’s personnel and business practices, it usually gets better from there. Texas law favors businesses and, thus, employers. Depending on the nature of an employee’s claims and alleged damages, employers generally have many defenses available to them. Further, employers of all sizes can take steps now to minimize the likelihood of future workplace problems and, in the event your business receives one of those unexpected letters, prevail if litigation is unavoidable.

Dallas employment lawyer Barry Hersh represents small businesses, start-ups, growing employers, mid-market companies, and other employers in Texas to help them address the challenges of managing a modern workforce. Barry and his employment law firm help Texas employers in two main ways:

First, we defend employers in state and federal courts and in administrative proceedings before the TWC, DOL, and EEOC.

  • Barry takes a personal interest in guiding businesses through this seemingly confusing process so clients can focus their energies and resources on their business.
  • Barry’s no-nonsense, practical approach favors the early resolution of disputes, when one is possible, and cost-effective litigation, when one is not.

Second, Barry helps businesses avoid litigation in the first place.

  • This means working with clients to understand their business, their challenges, and then implementing a plan to minimize their risks.
  • This includes reviewing existing employment policies and practices, providing guidance in connection with workforce reductions and day-to-day personnel matters, and creating new employment handbooks, offer letters, employment contracts, non-compete agreements, non-solicitation agreement, and other documents.

Counsel

Litigation

Compliance Audits

Agreements and Policies

TWC/EEO Proceedings

Independent Contractor

Handbooks

DOL Investigations

FLSA Classification

Non-Competes

Wrongful Termination

Termination

Overtime Pay

Training

Independent Contractor

Non-Competes

Anti-Harassment

Wage and Hour

Commissions & Bonuses

Management

Litigation Avoidance

Contracts

Investigations

Local Counsel

So how do Barry's employer clients feel about his approach?
  • "Thank you so much for helping us as small business owners thru these past 22 months. G-d is so good!!! [My husband] and I and our staff are [so] pleased. I have advised all my prayer partners that our nightmare is finally over and rejoice in the positive outcome. So, thank you again from the bottom of our hearts. You are a real Hero." -- Don and Shirlee, Owners

Contact Dallas employment attorney Barry Hersh today.

Practical Considerations for Employers
  • Develop an employment handbook created specifically for your workforce; Avoid borrowed and boilerplate handbooks. Review and update it regularly.
  • Use written employment agreements with executives and as needed. Don't include terms you don't intend to honor or will not enforce.
  • Reduce commission, bonus, and other compensation agreements to writing.
  • Train managers and supervisors in effective communication, documentation, and employment compliance.
  • Don't hire bad managers or workplace bullies.
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