FAQs

While attorney Kerry O’Brien is board certified in Labor & Employment, his firm focuses on and specializes in Employee Compensation cases, a very particular subset of employment law with its own set of hundreds of guiding court cases. These disputes involve being denied regular pay, bonuses, commissions, executive compensation, and overtime pay. The firm also does one-time consultations on employment agreements and proposed severance agreements – any employment contract that you’ve signed, or are considering signing. And when it comes to TWC Wage Claims, sometimes those are the right move, and sometimes they aren’t. Kerry O’Brien is a former TWC hearing officer and has a lot of familiarity with TWC appeals. We use TWC Wage Claims as an often effective tool, either alone or in conjunction with other actions, when the circumstances are right.

In most cases we do, where you are owed compensation and we are pursuing it on your behalf. ”Contingency” means that our firm’s attorney fees are paid as a percentage of the employee’s recovery (or otherwise directly by the employer), and the firm fronts the case expenses to the client. If the client isn’t compensated from the case, the client owes the firm nothing – the law firm takes the loss. Whether we can take your case on contingency depends on many circumstances – we’ll talk about it and look at your options.

There are some types of cases that are not appropriate for a “contingency” arrangement, such as defending employees who are being pursued by a former employer on a non-compete contract, employment agreement counseling and severance agreement counseling, and a few others. However, we work hard to arrange a fee agreement that is appropriate and reflects the value of what the firm’s expert assistance will bring to your employment situation.

The firm routinely handles cases in and around Austin, Dallas, Houston and San Antonio. We are familiar with the local courts of these major cities and often work with local counsel to ensure you have the best representation. The firm reserves the right to decide which cases it chooses to take on, and which cases it does not, given our limited resources and high demand for our specialized services.

If you have a case in other parts of Texas and our firm cannot handle it, we can often refer you to a law firm in your area that can. The important thing is that you are taken care of. Call or email us and we’ll do our best to help. 

Absolutely. The O’Brien Law Firm can and often does represent out-of-state employees and contractors in disputes that must take place in Texas, either because of the circumstances of the employment or because a written term of employment states so. It’s not uncommon for an offer letter or employment agreement to state something to the effect of “All disputes concerning your employment must take place in ____ County, Texas, and will be determined under Texas law.” Those contract provisions – referred to as “venue” and “choice-of-law” provisions – are often enforceable. We routinely represent out-of-state clients in Texas-based cases.  

We recognize that our job is to make our clients’ lives better. 

We have chosen that mission in the context of Employee Compensation, and making sure that our firm can be your best leverage against the company’s attorneys to get you the compensation that you’ve earned for your valuable contribution to the company. At the same time, we always work to keep an eye on your overall best interests, and your professional reputation, as you pursue what is rightfully yours. Again, we are here to improve the lives of our clients, and always consider our advice to you and actions on your behalf through that lens.

At the same time, we may be the only law firm in Texas that specializes in contract and compensation disputes on behalf of employees. That intense focus leads to better results of our clients.