LABOR & EMPLOYMENTResolve employment disputes by settlement or trial

Labor & Employment

Fee, Smith & Sharp’s Labor & Employment Group represents employers and management.

We work with private and public entities directly and through several insurance carriers. Our client base includes employers of all sizes and types, including construction, healthcare providers, hospitality, manufacturing, municipal entities, professional services, retailers, transportation companies, and utilities. With practical business sense and a robust knowledge of Texas employment and labor laws, we pride ourselves on being true business partners to our clients. While we focus on best practices and preventive measures that avoid litigation, our attorneys are aggressive, experienced, trial advocates that understand the local, state, and federal agencies tasked with enforcing Texas labor laws.

Safeguarding Your Business


We want our clients to focus on their business and let our Labor & Employment team worry about minimizing and managing the day-to-day problems that arise on the job site, factory floor, and your place of business. Our attorneys carefully evaluate each of our clients for a broad spectrum of employment litigation scenarios unique to your industry in conjunction with our firm’s practice groups such as construction, healthcare, hospitality, insurance, and transportation. We equip our clients with the tools they need to avoid employment-related litigation, including creating and implementing personnel and worksite policies and drafting and updating employee handbooks. We consult with clients before discipline and termination, reassignment, or lay-offs, and we provide pre-suit investigative, evaluative, and counseling services. When it is time to hire, our team advises, negotiates, and constructs employment agreements that fit your business, and when it is time to part ways, we protect our clients with litigation avoidance strategies and separation agreements that lessen a departure’s impact on your business.

Defending Your Business When It Counts Most


While our preventive measures and litigation avoidance strategies create tremendous cost and time savings for our clients, we are effective litigators. The Fee Smith Labor & Employment team’s success in defending claims of wrongful discharge, employment discrimination, workplace harassment, and workplace injury, is grounded in our experience and talent as Texas trial lawyers. We take pride in immediately identifying your business objectives and working promptly and efficiently to meet those objectives. We have successfully achieved early resolution of numerous claims in administrative hearings and through nominal settlements. We aggressively defend claims through the administrative process, trial, and appellate courts in both state and federal jurisdictions throughout Texas. Our goal is to defend you while your business remains fully operational.

Typical employment disputes that our firm handles include:
  • Wrongful Termination
  • Sexual Harassment
  • Defamation
  • Discrimination and Retaliation
  • Non-compete Agreements
  • Commissions, Bonuses, and Overtime Pay
Our attorneys have experience litigating matters arising out of alleged violations of various statutes:
  • Fair Labor Standards Act (FLSA), which includes child labor laws, unpaid overtime, wage, and hour claims.
  • Family and Medical Leave Act (FMLA) comprised of retaliation for taking pregnancy leave, paternity leave, maternity leave, medical leave, or leave to care for a sick relative.
  • Age Discrimination in Employment Act (ADEA)
  • Title VII of the Civil Rights Act of 1964 (Title VII), which includes race discrimination, gender discrimination, pregnancy discrimination, sexual harassment, racial harassment, national origin discrimination, religious discrimination, retaliation, and failure to provide a religious accommodation.

Frequently Asked Questions

What steps should my company take to prepare for potential litigation in Texas?

If your company is facing the possibility of litigation in Texas, it’s essential to take certain steps to prepare. First, gather and organize all relevant documents, contracts, and communications related to the dispute. Consult with your in-house legal team or engage outside counsel to evaluate the strengths and weaknesses of your case. It’s crucial to preserve any electronic or physical evidence that may be relevant to the litigation. Finally, communicate openly and regularly with your trial lawyer to ensure a comprehensive understanding of the situation and develop an effective legal strategy.

Can my company be sued in multiple jurisdictions in Texas?

Yes, it’s possible for a company to be sued in multiple jurisdictions within Texas. This can occur if the company has operations, employees, or significant contacts in different counties or cities across the state. In such cases, it’s crucial to work with an experienced trial lawyer who understands the complexities of multi-jurisdictional litigation. They can help you navigate the various procedural rules and strategize the most effective approach to handle the litigation in each jurisdiction.

How long does the litigation process typically take for a company in Texas?

The duration of litigation can vary widely depending on the specific circumstances of the case. Complex commercial disputes involving companies often take longer than simple personal injury cases. The litigation process in Texas generally involves several stages, including pleadings, discovery, pre-trial motions, trial, and potentially an appeal. It’s challenging to provide an exact timeline, as each case is unique. However, your trial lawyer can provide a rough estimate based on their experience and knowledge of the specific court where the case is being litigated.

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Dallas | 972-934-9100
Austin | 512-479-8400
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