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Meet some of our San Antonio Employment Lawyers

Ivan B. on ContractsCounsel
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5.0 (5)
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.

Joshua B. on ContractsCounsel
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5.0 (6)
Member Since:
September 19, 2023

Joshua B.

Of Counsel
Free Consultation
Austin, Texas
22 Yrs Experience
Licensed in TX
University of Texas

Josh Bernstein has been serving real estate and corporate transactional clients since 2002. His experience is varied, and he enjoys working on and puzzling out novel and complex corporate and real estate matters. Josh’s experience includes, among other things, the following: representation of public companies in connection with SEC reporting and compliance work (proxies, 10-K’s; 10-Q’s; 8-K’s, etc.); representation of public and private company securities issuances (including private placements, and other similar offerings); assistance in structuring and drafting joint ventures, both for investors and operating partners, and including both real estate and corporate ventures; handling public and private company mergers and acquisitions; and asset sales and dispositions; assisting clients, big and small, with real estate acquisitions, sales and financings; managing large-scale and multi-state real estate portfolio acquisitions, dispositions and financings; complex condominium creation, structuring and governance work, including: commercial condominiums, use of condominiums as a land planning tool, wholesale condominium property acquisitions and dispositions, and rehabilitating failed or faulty condominium legal structures to make ready for sale; development of restrictive covenants and owners’ association documents for master-planned communities; compliance with federal statutes governing real estate sale and development (including, without limitation, the Interstate Land Sales Full Disclosure Act, the Housing for Older Persons Act, and the Americans with Disabilities Act); representation of real estate lenders, for both improved and unimproved property, and including numerous construction financings secured by real estate; assistance with commercial leasing; from both the landlord and tenant side, and including condominium leasing; training residential home and condominium sales staff for compliance with applicable local and federal law; and workouts of all kinds. When he’s not busy lawyering, Josh may be found watching 80’s commercials, flying a single-engine plane, playing poker, or trying to be a good dad.

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
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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.

Joseph K. on ContractsCounsel
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Member Since:
September 13, 2023
Lynette P. on ContractsCounsel
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Member Since:
October 1, 2023

Lynette P.

Litigation Attorney
Free Consultation
Little Rock, Arkansas
11 Yrs Experience
Licensed in AR, TX
St. Mary's University School of Law

I am licensed in both Texas and Arkansas but actively working in Arkansas. My primary focus is criminal defense, family law, and estate planning (wills and trusts).

Matthew W. on ContractsCounsel
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Member Since:
October 2, 2023

Matthew W.

Corporate Lawyer
Free Consultation
Houston
16 Yrs Experience
Licensed in TX
University of Texas Law School

I represent startups, investment firms, and individuals frequently with equity and debt financing, M&A transactions, and commercial contracts.

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Employment Legal Questions and Answers

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

Dental Associate Contract

Texas

Asked on Jun 9, 2024

What are the key elements to consider when reviewing a dental associate contract?

I am a dentist who has been offered a dental associate position at a private practice, and I am seeking legal advice regarding the key elements I should be aware of when reviewing the dental associate contract. I want to ensure that the terms of the contract are fair and reasonable, and that they protect my rights and interests as an associate. Additionally, I would like to understand any potential implications or restrictions within the contract that may affect my future career opportunities or potential for growth within the dental industry.

Darryl S.

Answered Jun 18, 2024

There are many complex issues to review in a contract of this type and I've found that the employment agreements given to medical professionals are frequently very one-sided to the benefit of the employer with complex non-compete and non-solicit restrictions. The things that should be outlined include the job responsibilities, compensation (including bonus strux), benefits, and probably most importantly termination provisions that outline compensation for termination without cause and what constitutes cause. Lastly, I alway recommend a dispute resolution process that involves mediation and arbitration rather than the courts.

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

Employee Separation Agreement

Texas

Asked on Jun 13, 2023

When to use an employee separation agreement?

I am an employer considering letting an employee go and am looking to understand when an employee separation agreement is necessary. I am unsure of the distinction between an employee separation agreement and other termination documents and want to ensure that I am following the proper protocol and protecting my business in the event of legal action.

Wendy C.

Answered Jul 18, 2023

Separation agreement is usually helpful when separating with an employee amicably and includes other terms that you want to ask of the other party and which you will also make promises. In other words, it is a two-way (or mutual) agreement. A termination letter is most likely a one-way communication, a notice that such employee is being terminated. You should talk to your preferred counsel to discuss facts in detail and make a determination which one will be the right approach.

Read 1 attorney answer>

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.

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