FAQ
Frequently Asked Questions
- Do you take cases on contingency?
- Do you take cases against “Big” companies?
- Do you try cases?
- Is there a time limit for when a case should be filed?
- What if I resign?
- What about severance agreements?
- Do you represent companies?
- What sets you apart from other lawyers?
- Why should I hire you and not someone else?
- What about university professors?
- What about U.S. nurses?
- Is there an employer or company you would be “afraid” to sue?
Do you take cases on contingency?
Yes. A contingency case is one where the attorney receives payment for his services contingent upon obtaining relief for the client. However, not all cases are amenable to being taken on a contingency basis.
Do you take cases against “Big” companies?
Yes. However, the size of the employer is not relevant or ultimately decisive to whether I take cases. Nevertheless, most of my cases have tended to be against large national or international corporations.
Do you try cases?
Yes. In fact, I try many cases, probably more than the average employment attorney. If I am unable to secure reasonable relief for my clients, I usually try the cases.
Is there a time limit for when a case should be filed?
Yes. A typical discrimination complaint under Texas law must be filed within 180 days of the occurrence of the adverse employment action, such as termination of employment, denial of a promotion, refusal to hire, etc. However, under federal law this deadline is 300 days.
What if I resign?
Generally, employees should not resign unless they first speak with an attorney. Many employees make the mistake of resigning and then consulting with attorneys about their rights. Typically this is a mistake. A sexual harassment victim for instance will resign and then speak with an attorney about her rights. This is ill-advised. Resignation of employment usually bars the prosecution of a claim for unlawful termination of employment. Exceptions do exist, being called constructive discharge cases, but proving them is very difficult.
What about severance agreements?
It is advisable that before you accept or sign a settlement agreement you should consult an attorney. I consult employees on severance agreements for a reasonable fee.
Do you represent companies?
Yes. I do represent companies. However, the employers I usually represent are smaller employers who prefer exceptional quality representation without the unreasonable and exorbitant fees typically charged by major law firms, often for inferior quality of representation.
What sets you apart from other lawyers?
Experience, stability, hard work, trial experience, variety of employment litigation, tenacity, commitment to my clients and their claims all the way to the end. I have nearly 22 years of trial experience. I have maintained a stable practice and office since December 1, 1993. I work as long as it takes to get the job done.
My trial experience is unique. It is uncommon for an employment attorney with 22 years of practice to have tried nearly 100 cases in this time. It might not sound like a lot, but it is. Variety of litigation is a plus too. I have tried just about all types of discrimination cases, FLSA cases and FMLA cases. I am loyal to my clients, but will also tell it like it is.
Why should I hire you and not someone else?
If you want experience, straight talk, and someone who can tell you in advance the direction in which your case might go, I am willing to talk.
What about university professors?
I represent them too. I have worked in the academia for a number of years and professors (tenured or not) are close to my heart. I understand the ins and outs of academic life, the stress, the research, the “publish or perish” mentality and the pitfalls of “peer review.”
What about U.S. nurses?
Yes, I represent them, too, including in proceedings before the Nursing Board in conjunction with disciplinary actions.
Is there an employer or company you would be “afraid” to sue?
No. But there might be companies or employers I would be prohibited by conflict of interest rules to sue or by other applicable rules of the legal profession.