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, andEEOC.
- Barry takes a personal interest in shepherding 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.
Agreements and Policies
Wage and Hour
Commissions & Bonuses
So how do Barry's employer clients feel about his approach?
- "I have worked with dozens of attorneys both in Dallas and throughout the country and generally have found legal fees to be a very difficult line item to control with most being excessive, however not so with Barry. Barry Hersh was referred to me by another attorney in a litigation matter in which he served as an expert witness and since then, Barry has provided employment law guidance at two (2) different companies and currently we use him for corporate employment law and matters related to our most important asset – our human resources. He provides a great sounding board for our Company and truly provides us with no-nonsense counsel."-- Raj, President
- "When we became aware that an employee had grossly disregarded our non-compete agreement, we knew that we would need excellent representation in order to hold them accountable. Thankfully, we were referred to ... Barry Hersh. Barry took a methodical and complete approach to our situation, making sure all steps were covered on time and all information was correct and accurate. He advised us on the best way to proceed at each level in the process, including the costs involved. His experience was invaluable, as he had dealt with many of the same types of details in other cases. In the end, our situation was resolved in our favor and to our satisfaction. Along the way, we engaged him to update our employee contract, employment handbook and confidentiality agreement to help our Company function even better. While no one looks forward to needing an attorney, we actually 'enjoyed' working with Barry. Thanks Barry, for all you do!" -- Chris, Owner
- "I just wanted to tell you how pleased my management team was with your seminar. I feel that they received great practical information that will improve our hiring process and the retention of our existing employees." -- Cliff, President/CEO
- "Barry was on the 'other side' of a matter involving my firm and I was so impressed by his performance and integrity, that in a subsequent [unrelated] matter, my company hired him. We continue to consult with Barry on other matters and I not only find his advice to be direct and on point but he also incredibly cost effective. His goal is to solve the issue as expeditiously as possible, and not unnecessarily prolong a case." -- David, General Counsel
- "When we met for our initial consultation with Barry, we immediately felt comfortable with engaging him on our legal matter. He guided ... us through the rocky waters [of litigation] to a successful outcome for our company. He brings a unique perspective to the table as he has successfully litigated both sides of the fence; for the company and for the employee. His ethics are high. I would highly recommend Barry's representation in all matters of employment law." -- Barry S., President
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.