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Meet some of our Dallas Employment Lawyers

Mark P. on ContractsCounsel
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5.0 (8)
Member Since:
July 21, 2023

Mark P.

Owner
Free Consultation
Kansas City, MO
9 Yrs Experience
Licensed in KS, MO, NE, TX
University of Missouri - Kansas City

www.parachinilaw.com I represent a diverse mix in a vast array of specialties, including litigation, contracts, compliance, business and financial strategies, and emerging industries. Credit for this foundation of strength goes to those who taught me. Skilled professors and professionals fostered my powerful educational and professional background. Prior to law school, I earned dual Bachelor’s degrees in Business Administration & Accounting from Peru State College. I received a Master of Business Administration degree from Chadron State College. My ambitions did not stop there. While working full time as a Senior Accountant for the University of Missouri, Columbia, I achieved the lifelong goal of becoming a licensed Certified Public Accountant (CPA). Mizzo provided excellent opportunities and amazing experiences. Managing over $50M in government and private research funding was a gift. As a high ranking professional in the Department of Research, I was given priceless insight into the greatest scientific, journalistic, medical, and legal minds in the world. My passion for successful growth did not, and has not stopped. I graduated summa cum laude (top 3%) with a Doctorate in Law, emphasizing in urban, land use and environmental/toxic tort law from the University of Missouri, Kansas City. This success lead to invaluable experiences of serving as Hon. Brian C. Wimes' judicial clerk for the U.S. District Court for the W. D. of Missouri, as a staff editor/writer for UMKC Law Review, and as a litigation and transactional attorney with Lathrop GPM (fka Lathrop & Gage). My professional and personal network is expansive, with established relationships throughout the U.S. and overseas. Although I engage in legal practice all over the country, I maintain law licenses in Missouri, Kansas, and Nebraska. Federally, I hold licenses in the W.D. and E.D. of Missouri and the District of Nebraska. To offer extra value, efficiency, and options, I maintain a CPA license and am obtaining a real-estate brokerage license.

Morgan S. on ContractsCounsel
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5.0 (7)
Member Since:
July 31, 2023

Morgan S.

Attorney
Free Consultation
Austin, Texas
3 Yrs Experience
Licensed in TX, WV
University of Pittsburgh Law School

Corporate Attorney that represents startups, businesses, investors, VC/PE doing business throughout the country. Representing in a range of matters from formation to regulatory compliance to financings to exit. Have a practice that represents both domestic and foreign startups, businesses, and entrepreneurs. Along with VC, Private Equity, and investors.

Ivan B. on ContractsCounsel
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5.0 (4)
Member Since:
August 10, 2023

Ivan B.

Associate
Free Consultation
Houston, Texas
7 Yrs Experience
Licensed in TX
The University of Texas School of Law

I grew up in Beaumont, Texas. I attended Baylor University for college and the The University of Texas School of Law for law school. I gained extensive experience in many areas of transactional law through my former position as corporate counsel at National Western Life Insurance Company and my current position as an Associate at Nance & Simpson, LLP.

Brian R. on ContractsCounsel
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5.0 (1)
Member Since:
August 15, 2023

Brian R.

Owner/Lawyer
Free Consultation
Fort Worth
24 Yrs Experience
Licensed in TX
Texas A&M University School of Law (formerly known as Texas Wesleyan University School of Law)

Brian C. Restivo, the managing member of Restivo Legal, PLLC, has been licensed by the State Bar of Texas and continuously practicing as an attorney since November of 2000. Over these years, he has represented customers across the spectrum - from a Fortune 500 company to individuals - and is seasoned at tailoring his services to the unique needs of each customer.

Michael A. on ContractsCounsel
View Michael
4.1 (9)
Member Since:
August 4, 2023

Michael A.

Attorney
Free Consultation
Arlington, Texas
41 Yrs Experience
Licensed in TX
DePaul College of Law

A veteran real estate attorney with experience ranging from drafting and negotiating land development agreements, to purchase and sale and lease agreements for multifamily and large commercial proects.

Jordan P. on ContractsCounsel
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Member Since:
October 9, 2023

Jordan P.

Associate Attorney
Free Consultation
Killeen, Texas
3 Yrs Experience
Licensed in TX
Baylor Law School

Hailing from Central Texas, Jordan Pender graduated from Baylor University in 2017 with his Bachelor of Arts degree and in 2021 he graduated from Baylor Law School with his Juris Doctor. Since August of 2021, Jordan has been working as an associate attorney for The Law Office of Gregory K. Simmons in Killeen, Texas focusing in general civil litigation. Areas of expertise include: Family Law, Contractual disputes, Business entity formation and planning, and Landlord & Tenant disputes.

Amy F. on ContractsCounsel
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Member Since:
August 10, 2023

Amy F.

Real Estate and Business Lawyer
Free Consultation
Milwaukee, Wisconsin
28 Yrs Experience
Licensed in TX, WI
University of Wisconsin

As a lawyer of 27 years, I have a great deal of experience handling many different types of legal projects. Starting with a simple estate plan or the purchase of a personal residence, and moving all the way to complex estate plans and real estate transactions. I regularly advise small business owners and real estate investors.

Austin R. on ContractsCounsel
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Member Since:
August 22, 2023

Austin R.

Attorney
Free Consultation
Texas
2 Yrs Experience
Licensed in TX
St Mary's University School of Law

With experience in Criminal trial, Civil trial, writs and appeals, I have both reviewed and drafted contracts from employment contracts to software development and everything in between.

Joe C. on ContractsCounsel
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Member Since:
August 30, 2023

Joe C.

Associate Attorney
Free Consultation
Dallas, Texas
4 Yrs Experience
Licensed in TX
SMU Dedman School of Law

Born in Dallas, Texas, Joe Craddock represents clients in a range of litigation and transactional matters covering Contracts, Real Property, Oil and Gas, and Construction Defects.

Tetyana J. on ContractsCounsel
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Member Since:
September 4, 2023

Tetyana J.

Attorney/Owner
Free Consultation
Houston
2 Yrs Experience
Licensed in TX
University of Houston

I am a highly accomplished and dedicated immigration attorney, renowned for providing top-tier immigration legal services that consistently exceed expectations. I am known for my expertise in offering exceptional representation across a broad spectrum of immigration cases, including EB-2 National Interest Waivers (NIW), O visas, EB-1A, family-based immigration, TPS, Adjustment of status, asylum petitions, and skillful advocacy in Immigration Court proceedings. My clients rely on my unwavering commitment to their immigration needs, trusting in my in-depth knowledge of the intricate legal processes and my steadfast determination to secure favorable outcomes. My reputation as a leading authority in the field is a testament to my unwavering commitment to delivering unparalleled, high-quality immigration services. In addition, I am fluent in Ukrainian and Russian.

Christian D. on ContractsCounsel
View Christian
Member Since:
September 6, 2023

Christian D.

General Practice Attorney
Free Consultation
Austin, Texas
11 Yrs Experience
Licensed in TX
St. Mary's University - School of Law

Christian Davila received his Juris Doctorate from St. Mary’s University and becoming a member of the State Bar of Texas in 2013. Before law school, he studied at Texas A&M International University (TAMIU), and participated in multiple programs across various fields of study, including the University of Texas Medical Branch-School of Medicine’s “Early Medical School Acceptance Program,” and the Hispanic Association of Colleges & Universities’ “National Internship Program” at the Library of Congress in Washington, D.C. Christian’s legal experience includes criminal law (both prosecution and defense), family law, transactional law, business litigation, real estate litigation, and general civil litigation. Christian was previously in-house counsel for a multi-million dollar apartment construction and management company, handling all property acquisition, document drafting, negotiations, and litigation. Christian is a former member of the American Association for Justice (formerly the Association of Trial Lawyers of America), and he has been distinguished by the National Trial Lawyers as one of their TOP 40 Civil Plaintiff attorneys in Texas UNDER 40 years old. He likes weightlifting, reading comicbooks, and being silly with his kids in his spare time.

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Employment Legal Questions and Answers

Employment

Employee Benefits Agreement

Texas

Asked on Oct 28, 2022

If an employee is paid salary, can an employee force PTO if said employee is out with a doctor’s excuse?

I got sick and ended up missing a day of work. I went to the doctor and was prescribed meds and told to take meds and rest the next 2 days. I provided an excuse at work. When I got my pay stub, I see the manager forced 24 hours of PTO for the days I was out. Mind you, our hours of operation are 8am-5pm M-F, but I’m here every day at 6:30am and work until 8, 9 or 10:00pm some days. Please advise. Thank you for your time!

Howard B.

Answered Nov 15, 2022

The rules for the salary basis of pay is governed by a federal law called the Fair Labor Standards Act. It allow an employer to deduct an entire day's pay if an entire day of work is missed. If any part of such a day was worked at all, then a full day's pay is required by law. HOWEVER, there is an exception under which partial day deductions for partial day absences is allowed if an only if the absence is for Family and Medical Leave Act leave. I'm not licensed to practice law in Texas: if there is any peculiar spin on it through state law, perhaps a Texas attorney will chime in. It is ordinary for an employer to substitute PTO for salary pay when a whole day is missed.

Read 1 attorney answer>

Employment

Employee Contract

Texas

Asked on Jul 15, 2023

What are the worst states to hire 1099 independent contractors from because the state will likely classify as an employee?

I'm starting a 1099 remote-based staffing service and I want to stay away from hiring independent contractors with primary residency in states that are unfriendly toward their hiring. I don't want any misclassification issues so I want to stay away from those states altogether.

Merry A.

Answered Aug 13, 2023

I'm a Washington State attorney and my answer does not constitute legal advice, and no attorney/client relationship has been formed. If the person working for you will be working remotely from his or her state, the employment law of that state will govern whether the person will be considered an employee or indepedent contractor. Regardless of where that person works, what will be most important is how your contract with that person is written, and how much you try to control the person's work hours, duties, and so forth. Speaking generally, an independent contractor should be given certain work, and a dealine and expectations, and be allowed to work at 2:00 a.m. or 2:00 p.m. and report amount of time worked, such as 8/13/23 1.6 hours. If you have set times for work, such as 8:00 a.m. - 5:00 p.m. Monday through Friday, a court will be more likely to find that the person is an employee, not an independent contractor. If you will be using a person to work in another state, I highly recommend that you consult with an employment attorney in that state to review any paperwork you use, such as an employment contract or work contract with an independent contractor. You can find such attorneys through "lawyer referral" through the state bar association in most states, or you can try finding employment attorneys through this national organization: NELA.org Although the analysis of an employee's/independent contractor will vary from state to state, here are two articles from the US Department of Labor that may provide some general guidance to you. https://www.dol.gov/agencies/whd/flsa/misclassification and https://www.dol.gov/agencies/whd/fact-sheets/13-flsa-employment-relationship I hope that I have been of help. I am an employment attorney in Washington State, and can review documents for Washington State but generally do not do any document drafting.

Read 1 attorney answer>

Employment

Employment Offer

Texas

Asked on Dec 6, 2023

Is background check part of the employment offer?

I recently accepted a job offer and the employer requested that I submit to a background check. However, I am concerned that I may not have been sufficiently informed that this was part of the employment offer. I am wondering if I am obligated to submit to a background check and if it is a requirement of the offer.

J.R. S.

Answered Jan 5, 2024

Potential employers are not explicitly required to disclose that a background check is a necessary condition of employment. In certain circumstances, employers must conduct background checks and keep records of these checks. This is exemplified in the Texas Administrative Code, where an employer must maintain written documentation of a pre-employment check for at least two years regardless of the subsequent employment status of the applicant. You may want to check your offer letter for terms that indicate your employment is contingent upon meeting satisfactory requirements in lieu of specific language of "background check". Depending on the industry and or the company, they may be required to do a background check to verify licensing or education in order to mitigate their risks of negligent hiring.

Read 1 attorney answer>

Employment

Independent Contractor Agreement

Texas

Asked on Mar 29, 2021

What is the difference between an independent contractor agreement and consulting agreement?

I am looking to hire someone to help my startup and am not sure which agreement I should use.

Forest H.

Answered Mar 29, 2021

While the basic structure and framework of a consulting agreement and an independent contractor agreement are very similar, the primary difference is in what services the consultant provides. In a consulting agreement, the consultant is providing their advice for a fee. The guidance will be in the field of their expertise and, usually, includes evaluating an aspect of your business and making suggestions regarding what to do next. An independent contractor, on the other hand, will actually perform the work. The difference is not always a bright line and will vary depending on the circumstances. In some cases, a service provider will evaluate, recommend, and then perform. In that case, they are acting as a consultant first and then an independent contractor. It is also important to properly consider the differences between an independent contractor and an employee.

Read 1 attorney answer>

Employment

Employment Offer

Texas

Asked on Dec 7, 2023

How to handle an unsatisfactory employment offer?

I recently received an employment offer from a company that I have been in talks with for several months. The offer is significantly lower than expected and does not include the benefits I was expecting. I am unsure of how to handle the situation and would like advice from a lawyer on how to proceed.

Garrett M.

Answered Jan 23, 2024

One important thing in negotiations like this is that you don't want to let your emotions take over, which will probably lead to you burning a bridge. Even if you were very disappointed in the initial offer, try to stay composed in your communications and just let them know that this is quite a bit below the offer that you were expecting. They will probably say that the offer is more than fair when taking into the market, your qualifications, etc., so it is important that you are prepared with a counter offer and some decent arguments to back up your counter offer. Maybe they mentioned in the hiring process or the job posting that benefits would be included? Maybe you have qualifications that put you above the average market employee in this position? Regardless, employers almost always have some room to move from an initial offer that they make to a prospective employee, so it rarely hurts to ask for a little more.

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