Vincent Serafino | Labor and Employment Law
Dallas 214-979-7400
Houston 713-751-0800
Practice Areas

Labor and Employment Law

When disputes do arise and claims are filed, you can trust in our trial experience, proactive management and mitigating strategies. We are committed to securing the best possible results for our clients.  Our attorneys can represent both employers and employees.   Attorneys from our offices in Dallas and Houston serve employers with operations throughout Texas. Your human resources department will have a direct line to our team for all questions and issues, whenever they arise.  

You name a legal issue concerning labor or employment law, and our attorneys can handle it precisely and cost-effectively.  

Our representation of employers includes negotiating and enforcing employment agreements and noncompete agreements, negotiating terms of discharge, assisting with disputes and charges of discrimination before federal and state agencies, and litigating all variety of employment disputes.  We advise and represent employers across all industries in Texas, both public and private, working to prevent claims and resolve issues as quickly and efficiently as possible.

Our representation of employees includes negotiating executive employment agreements, overcoming noncompete agreements, interpreting stock option plans, ensuring client protection during takeovers and acquisitions, negotiating full compensation plans, and representing employees involved in contract disputes.

Our team stays on top of evolving state and federal employment laws, fully representing employers in all types of disputes and counseling clients in a variety of important areas, including:
  • Internal investigations
  • Creation and revision of personnel policies and employee handbooks, ensuring that all policies and materials are up to date
  • Design of employee benefits plans to ensure legal compliance
  • Counsel regarding labor relations
  • Union relations
  • Managerial training
  • Health and safety of employees and contractors
  • Social media training
  • Anti-discrimination training
  • Assuring compliance with labor laws in business transactions such as mergers and acquisitions
  • Occupational Safety and Health Administration (OSHA) compliance
  • Collective bargaining negotiations
  • Matters before the Equal Employment Opportunity Commission (EEOC) and Texas Workforce Commission Civil Rights Division
  • Charges of discrimination and investigations
 

Employment Litigation

Comprehensive preventive legal work can save all employers substantial time and resources in the long run.  We continuously collaborate with our clients to create, revise and update personnel policies and employee handbooks.  We also regularly prepare and revise employment agreements and offer counsel regarding legal compliance.  Additionally, we routinely engage with our clients to provide training designed to prevent future litigation or minimize the risks associated with potential litigation

Our firm enjoys a reputation of having a robust employment litigation practice and defends both private and public employers in federal and state courts, before administrative agencies, and in arbitration. We are renowned throughout Texas for our work on behalf of private and public employers, including school districts, and we represent clients with operations across the state.  If your company has an internal process for resolving employee complaints, we can help you work through that process effectively, working to ensure legal compliance throughout it.  

Our attorneys are extensively experienced in defending against all types of employment law claims and have a remarkable track record in state and federal appellate courts, including in the Texas Courts of Appeal, the Texas Supreme Court, the 5th Circuit Court of Appeals and the United States Supreme Court. We also handle hearings in front of the National Labor Relations Board (NLRB).  Our attorneys provide defense of employment claims in federal and state courts, before administrative agencies, and in arbitration.

Cases we have handled include:
  • Title VII claims
  • Texas Labor Code Chapter 21 (employment discrimination and retaliation) claims
  • Age Discrimination in Employment Act (ADEA) claims
  • Americans with Disabilities Act (ADA) and Individuals with Disabilities Education Act (IDEA) claims
  • Harassment, sexual harassment and hostile work environment claims
  • 42 U.S.C. § 1983 civil rights actions
  • Family and Medical Leave Act (FMLA) claims
  • Texas Whistleblower Act claims
  • Fair Labor Standards Act (FLSA) wage and hour claims, both individual and collective actions
  • Class action lawsuits
  • Occupational Safety and Health Administration (OSHA) whistleblower claims
  • Breach of contract claims
  • Misappropriation of trade secrets claims
  • Noncompetition agreement disputes
  • Enforcement and defense of noncompetition litigation and contractual and fraud-based disputes
  • Consolidated Omnibus Budget Reconciliation Act (COBRA) and Public Health Safety Act claims
 

Union Disputes

Our attorneys advise during internal investigations, working to mitigate liability and preparing our clients' cases for cost-effective resolutions and reasonable settlements whether litigating individual, class or collective actions.
 

Providing Legal Protection

A clearly defined employment agreement can help decrease disputes later on down the road. The contract should identify expectations of the employer and also protect the rights of employees. Determining what should be included in an agreement can be challenging, which is why many employers and professionals hire a lawyer who is knowledgeable in business and employment law.

Our attorneys are experienced in negotiating legalities related to employment. We have handled a wide range of matters for both private and public industries, and our team is dedicated to achieving the best results for our clients.  Our skills in this area can help you determine what important clauses need to be included in your employment agreement so that you are legally protected.  With a cost-effective and efficient approach, we can help with employment issues for those in Houston, Dallas and the surrounding areas.

When drafting a contract between employers and employees there are many things to consider, and much of it will depend on the nature of your business. Salary information and a termination clause are typical, but additional items that you may want to incorporate include:
  • Employment scope -  outlines the responsibilities of the employees including relocation possibilities and other activities they can be involved in.
  • Noncompete clause - prevents employees from accepting a job from a company that does similar business to their current employer.
  • Confidentiality - sets guidelines for the types of information about the current business that can and cannot be shared with others, including future employers.
  • Liability protection - provides protection for the employees for services performed within their scope, which may include indemnification protection and legal fees.
  • Golden parachute - outlines benefits or compensation for executive employees in case they are let go as a result of a company changeover.