For Employers

For Texas employers, the trouble often starts with an unexpected letter—a fax, email, or letter from the Texas Workforce Commission (TWC), the Department of Labor (DOL), the Equal Employment Opportunity Commission (EEOC), or a lawyer representing a current or former employee. A recent national report predicts a sharp increase in employment-related lawsuits against employers. Therefore, the chance of receiving one of these letters is higher today than it has been in recent memory. That’s the “bad” news.

The “good” news is that, depending on an employer’s personnel and business practices, it usually improves from there. Texas law favors businesses and, consequently, employers. Depending on the nature of an employee’s claims and alleged damages, employers generally have many defenses at their disposal. Moreover, employers of all sizes can take steps now to reduce the chances of future workplace issues and, if your business receives one of those unexpected letters, succeed if litigation becomes 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 also assists high-net-worth household employers in managing the complexity and risk of having household employees and staff.

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 complex process, allowing clients to focus their energies and resources on their core business.
• Barry’s straightforward, no-nonsense approach favors resolving disputes early when possible and pursuing litigation when necessary.

Second, Barry helps employers avoid litigation when it is unavoidable

• This involves working closely with clients to understand their business, challenges, and then implementing a tailored plan to minimize their risks.
• This includes reviewing existing employment policies and agreements, 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.

Here’s a simple and clear summary of how Barry supports employers in overcoming their workplace challenges.

• Tailored and Proven Documents
  • Offer letters
  • Employment contracts
  • Independent contractor agreements
  • Non-compete and non-solicitation agreements
  • NDAs
  • Confidentiality agreements
  • Commission and bonus plans
  • Dispute resolution programs
  • Arbitration agreements
  • Employment policies
  • Employment handbooks
  • PIP and last chance agreements
  • Termination agreements
  • Severance assurance agreements
  • Severance and release agreements
• Personalized Representation
  • EEOC / TWC charge of discrimination
  • Texas Payday Act
  • TWC unemployment insurance
  • TWC Rule 13 proceedings
  • DOL Wage-and-Hour investigations
  • Mediations
  • Arbitrations
  • State court litigation
  • Federal court litigation
• Workplace Investigations and Audits
  • FLSA classifications
  • Overtime and minimum wage compliance
  • Discrimination complaint investigations
  • Retaliation complaint investigations
  • Harassment complaint investigations
• On-site Training
  • Anti-harassment (managers)
  • Anti-harassment (non-managers)
• Advice and Counsel
  • Performance issues
  • Reasonable accommodation
  • FMLA
  • Termination decision-making
  • Reduction-in-force decision-making
  • M&A workplace practices-related due diligence – acquisitions and sales
• For High-Net Worth Household / Domestic Employers
  • Employment agreements
  • NDA and confidentiality agreements
  • Mandatory arbitration agreements

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 to learn how he can assist you with your employer-related workplace issues.

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, 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. Dump toxic bosses.