Labor and Employment Representation
Employees and independent contractors are what make your business what it is. However, relationships between your company and its workers are constantly changing and are impactful on your business. You are subject both Texas and federal law regarding your rights and obligations regarding the individuals who work for you.
At The Cromeens Law Firm, we believe in being proactive just as much as being reactive. Our attorneys can assist in proactively reviewing your employment practices and give advice regarding the implementation of the best practices to protect your business including:
- Drafting and implementing an employee handbook
- Enforcing and training on an antidiscrimination policy
- Auditing and implement proper pay and overtime practices
For a more detailed listing of the proactive services we provide, click here (Link the flat fee page).
In addition to being proactive, our firm also handles cases once litigation arises. We handle the following types of cases and issues:
- Wrongful Termination
- Discrimination and Retaliation
- Workplace Safety
- Wage and Overtime Violations
- Family Leave and Medical Act
- Whistleblower Cases
- Workers’ compensation
- Contract negotiations
- Trade Secrets Violations/Interference with Business Contracts
The Department of Labor actively investigates companies for failing to properly categorize employees and violating the Fair Labor Standards Act regarding minimum wage and overtime. Our attorneys can assist with the interpretation of wage and hour laws, which can be complicated and technical. Violations of these laws can result a doubling of damages and an award of attorneys’ fees to the ex-employee.
In order to be proactive, we can review you pay practices and advise on typical employer mistakes regarding minimum wage, overtime, and tipping laws. If faced with litigation, our attorneys provide an aggressive defense aimed at protecting your company and accomplishing your goals.
Defending Against Unemployment Claims
Unemployment claims can drive up costs for a small business. However, our attorneys can quickly analyze the situations and defend you against these claims and protect your business and advocate for your rights during this administrative process. We can advise you on the most cost-efficient route for your business.
Restrictive Covenants are non-competition and non-solicitation agreements. Many business draft restrictive covenants overly broad thinking it will scare the employee out of attempting to compete. More commonly, the business genuinely believes a very restrictive document is necessary in order to protect its business interests. However, the courts often disagree, and the court finds the restrictions are unreasonable. If this happens, the business will not receive any monetary damages. The business’s only remedy would be the court editing the agreement to make it reasonable.
Further, there’s a danger of having to pay the other side’s attorneys’ fees if the following two conditions are met:
- The business tries to enforce the agreement in a manner the court deems overbroad and unreasonable.
- The business knew at the time the agreement was signed it was overbroad and unreasonable.
Because drafting and enforcing a restrictive covenant that is over broad and unreasonable effectively cuts off monetary damages, it is important to make sure to consult with an attorney to get customized, effective agreements. Our attorneys can help you make sure you have a restrictive covenant (non competition and non solicitation) that properly protects your business.