The experience to understand each employer’s needs
Cox Smith advises employers of any size on their workplace relations. The experience we gain by working with clients ranging from small, family-owned businesses to multinational corporations helps us understand and tailor our services to the diverse cultures of each business. We are there to help clients and answer their questions, but also are available to help clients identify issues that have not yet become problems. With most of our lawyers Board Certified in Labor and Employment by the Texas Board of Legal Specialization, we help clients avoid the problems that lead to litigation – but if litigation is necessary, we appear in courts and administrative hearings around the country and are strong advocates for our client's rights.

Our clients include multinational corporations, as well as middle market companies that have 50 to 2,000 employees and that represent a wide range of business sectors, including:

• Auto dealerships
• Banking and financial services
• Builders and contractors
• Colleges and universities
• Computer hardware and software
• Food service
• Healthcare
• Manufacturing and distribution
• Retail

Many of our clients have multi-state operations, and we assist them on employment law issues nationwide. Cox Smith lawyers work closely with clients’ in-house human resources and legal staff as trusted advisors who provide practical business answers to employment law questions. When clients need our help, we respond promptly. Issues like sexual harassment, non-compete disputes and reductions in force demand immediate attention, and we strive to provide it.

Litigation counseling
We defend employers before a variety of courts at both the state and federal levels in trials and appeals. We also represent our employer clients before numerous state, local and federal administrative agencies, including the Equal Employment Opportunity Commission, the National Labor Relations Board, the Occupational Safety and Health Administration, the Department of Labor, and the Texas Workforce Commission, including the Civil Rights Division. When litigation is necessary, our lawyers strive to investigate thoroughly and prepare a strong position that can negate unfounded claims.

Any protected class of employees – by age, race, color, national origin, gender, disability, religion – may assist claims against an employer under the discrimination statues, and we have helped to resolve litigated and discrimination matters brought under such employment laws as the:

• Americans with Disabilities Act
• Family Medical Leave Act
• Age Discrimination in Employment Act
• Fair Labor Standards Act
• Title VII of the Civil Rights Act of 1964

Trade secret and non-compete agreements
Disputes over non-compete agreements often position employers against each other, particularly in the technology industry. We have handled litigation representing both employees’ former and new employers and are prepared to help our clients to seek and resist applications for temporary restraining orders and permanent injunctions, as well as to prosecute and defend claims of tortiuous interference with employment contracts and misappropriation of trade secrets.

Insurance defense representation
We are regional litigation counsel for a number of insurers under a wide range of insurance policies that protect employers against liability and defense costs in discrimination or other employment lawsuits. If you have such a policy, you may face an attempt by your carrier to deny coverage. Cox Smith has substantial knowledge of these kinds of policies, combining the perspectives of both employment and insurance coverage.

Union avoidance
When clients seek to maintain a workplace free of third-party involvement, our low-profile but attentive labor relations counsel helps maintain a competitive workplace while minimizing conflict and maximizing management flexibility. In a union organizing drive, we will help:

• Maintain a positive and productive working environment
• Provide management with effective employee communication tools
• Comply with all aspects of the National Labor Relations Act (NLRA)
• Counter aggressive unionizing efforts such as corporate campaigns

If unionization tactics include workplace disruptions, we help clients develop a plan and anticipate dealing with picketing and the problems that can come with it. When necessary we can advise on the toughest issues, such as implementing and documenting security procedures or seeking injunctions to halt illegal interference with normal operations and/or secondary boycotts.

Proactive counseling
We believe the best approach to employment law problems is to help keep them from occurring. Our lawyers assist clients in developing and implementing sound strategies for administering personnel relationships in a way that seeks to identify potential problems before they become disputes and lawsuits. We ask the right questions about compliance policies, to find areas that may be out of date or need improvement. Clients get a review and revision of existing policies and procedures, creation or revision of employee handbooks, and guidance to help managers effectively implement the policies, helping to see that they become part of everyday business practices.

An important part of our ability to provide effective guidance is the active participation of our lawyers in national and state organizations, including the Texas Alliance of Non-Subscribers, CUE, American Employment Law Counsel, Society of Human Resource Management, and the National Association of College and University Attorneys. This gives us insight into the best practices that are followed by employers around the country, as well as advance notice of problems that may be on the way. Sharing this information is at the heart of the proactive counseling we offer to our employer clients.

Occupational safety and health
A government safety inspection that is not properly addressed can jeopardize any company’s future. Cox Smith lawyers respond promptly to Occupational Safety and Health Administration (OSHA) claims. More importantly, we help clients develop policies and procedures to promote facility compliance with health and safety regulations. We also coordinate with our clients to prepare for investigations and defend notices of violation related to regulatory investigations. We assist our clients with preparations for hearings and trials involving OSHA matters and, when necessary, go to trial.

Workers compensation
Cox Smith regularly represents employers in workers’ compensation claims, coverage questions and administrative and judicial proceedings involving the Texas Workers Compensation system. Our lawyers emphasize early evaluation of claims and allegations, and move quickly to take depositions, subpoena records and set independent medical examinations to determine the best strategy for dealing with accident responsibility, medical treatment and insurance coverage recovery. We balance the strength of the claim against the potential costs and advise clients whether settlement or litigation is the best path to follow.