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Questions About
Our Firm

  • It depends. Please see our intake process, below.

Our intake process is as follows: 

  • Please call our main line at 713-333-3270. A receptionist will collect some information about you and your claims or concerns.  Sometimes we know we cannot help people based on this minimal information, and we send an email declining representation.  If we think we might be able to help, then the firm’s paralegal will call you, either the same day or the next work day.  She will collect more detailed information from you.  Then she will pass on that information to Samantha. 
  • Once Samantha reviews the information, she decides whether to offer a paid or unpaid consultation. She may also see factors that prevent her from taking the case (see below).
  • Please check your email frequently, as we often will communicate via email.
  • We decline cases for various reasons:
    • We do not think you have a valid legal claim. (See below for information about the employment relationship and claims.)
    • You have a valid legal claim, but the damages are low or nonexistent. Sometimes people have valid claims but the amount that could be recovered is so low that it does not make sense to retain an attorney.
    • You work for a company that is small (14 employees or less) and certain employment laws are inapplicable to it.
    • The firm does not take this kind of case (for example, we rarely take claims involving employees of governmental entities, including cities, counties, the state of Texas, or school districts).
    • Our caseload is already too heavy or you need help immediately and we are not available.
  • We try to get back to you as soon as possible and also give you the reason that we decline the case.
  • It depends. If Samantha thinks that you have a potential claim, she will provide names of other firms.  If she does not think you have a claim, then she does not provide referrals, so that she does not lose the trust of the firms to whom she refers cases. 
  • You still should seek a second opinion. Just be wary of firms that want to charge you thousands of dollars and tell you that you have a great claim.
  • It depends on the case.
  • For employment litigation, the firm usually charges a contingency fee, i.e. a percentage of whatever amount is recovered on your behalf.
  • For consulting, and negotiations including severance and employment agreement review, Samantha may charge either by the hour or a flat fee.
  • If a client seeks career or executive coaching, Samantha has both hourly and flat fee options. More information
  • Mediations are a flat fee rate. More information
  • Samantha usually refers out negotiations over new executive employment agreements to attorneys who are experts in employment compensation, including long term/equity incentives and the tax code. However, she is able to interpret and review pre-existing agreements, and litigate these agreements when an executive exits a company.

Common Questions About The Employment Relationship

Below are questions that we encounter on a weekly basis.  This is not a substitute for legal advice or analysis of your specific situation. 

  • Generally speaking, there is no such thing as “wrongful termination.” Employers may fire employees for any reason – whether it is good, bad, or not-quite-true.  It just can’t be illegal.  An illegal reason would be firing someone due to their gender, race, national origin, pregnancy, age, disability, religion, sexual orientation, or gender identity; or because an employee complained about illegal conduct.  Many, if not most, people who are fired for unfair reasons do not meet this standard.

Our intake process is as follows: 

  • It depends on the reason for your complaint. If you complain about something illegal, then you may have a claim.  If you did not complain about something illegal, then you do not have a claim.
  • Here are a few examples of complaints about illegal conduct:
    • You are being sexually harassed.
    • You are standing up for a coworker that you think is facing racial discrimination.
    • Something is unsafe at work, and violates a known safety standard.
    • Your employer failed to give an accommodation for your serious medical condition.
  • Here are a few examples of complaints that are not about illegal conduct, and so would mean you do not have a legal claim:
    • Your think your boss is stealing from the company.
    • Your boss is mean and bullying.
    • You have been treated unfairly (without mentioning illegal discrimination or harassment).
  • It depends. It is illegal to fire someone because they have made a claim for workers compensation benefits or because they are disabled or need medical leave.  It is not illegal to fire someone because they made an unsafe decision that caused the injury, or because their injury prevents them from returning to work for a long period of time.
  • It depends. If you took FMLA (Family and Medical Leave Act) leave, then you may have a claim.  If you took leave but it was not under this law, then you may not—although you may have a claim under the ADA (Americans with Disabilities Act).
  • If you quit your job, then you probably won’t have the right to sue the company. The employer has to take an “adverse action” against you for you to have a legal claim.
  • Most times, you should complain to Human Resources before quitting.
  • People are only entitled to be paid a bonus or commission if they have a legal right to receive that bonus or commission. Many employers have plans that say that bonuses and commissions are discretionary or not guaranteed—in which case it may be harder to bring a legal claim. 
  • Just based on this, probably not. Courts have specific standards for “harassment” or “hostile work environment,” including that the conduct is “severe or pervasive.”  So this act, standing alone, is unlikely to meet this standard.  But you should still tell your coworker to stop and/or report the person to Human Resources.
  • It depends. Bad, mean, hostile, bullying bosses are acceptable under the law.  If, however, your boss is singling you out for bad treatment due to your race, age, disability, gender, religion, sexual orientation, etc., then you may have a claim.
  • You should contact a firm immediately. Many lawyers cannot drop everything to help you on a tight timeline.
  • No, there is no legal entitlement to severance. We may be the only developed nation without that legal benefit.  We also don’t have any legal right to vacation, or to paid sick days. 
  • Congress and the Texas legislature have not passed strong protections for workers. For cases of discrimination, retaliation, and harassment, damages for emotional distress AND punitive damages combined are capped at $50,000 for small companies and $300,000 for big companies.  Most cases are valued based on your lost back pay – which is calculated by what you would have made (if you had not been fired) minus what you actually made since the termination.  So if you get a better paying job, you may not be able to recover much in backpay. 
  • What this all means is that employment law cases do not have a high dollar value in Texas (or in most other states, except for New York and California).
  • Other firms may tell you that you have a $500,000 damages model or more. Take this with a grain of salt, particularly if they want you to pay a large retainer to them to start the case.