Our Diverse Practice Areas
The Law Offices of William T. Fitzgerald is where our diverse expertise is dedicated to serving your legal needs. From navigating intricate probate matters to advocating in business litigation, we specialize in providing comprehensive solutions to safeguard your interests.
Estate Planning, Probate, and Guardianship
In Texas, the distribution of your estate is determined by state law if you pass away without a will, underscoring the critical need for thoughtful estate planning. Collaborating with a knowledgeable attorney to craft a personalized plan involving wills and trusts ensures that your family is protected, and your assets are distributed according to your wishes. Online tools may seem convenient, but navigating the complexities of estate planning requires professional guidance to safeguard your legacy effectively.
Key Estate Planning Documents
Comprehensive estate planning involves several essential documents tailored to protect your interests and ensure your wishes are upheld:
- Simple and complex will outline asset distribution and guardianship preferences.
- Trust agreements, both revocable and irrevocable, provide structured management of assets.
- Powers of attorney grant authority to manage financial and legal affairs.
- Health care directives outline medical treatment preferences.
- Deeds and other asset transfer documents facilitate seamless property transfers according to your plan.
Probate and Guardianship Services
Navigating the probate process following a loved one's passing is crucial to ensuring their estate is distributed correctly and efficiently. Our firm guides executors, trustees, and personal representatives through all aspects of estate administration, from asset gathering and expense accounting to final distribution. Additionally, we represent heirs and devisees involved in wills, trusts, and estate administration disputes. In cases where individuals have not planned for incapacity, we assist in appointing court-appointed guardians to manage minors' or incapacitated persons' financial and personal affairs, ensuring their well-being and protection.
Business Law and Commercial Litigation
Formation and Operations
From sole proprietorship to corporations, we provide essential legal guidance for businesses at every stage. Our services cover all aspects of business operations, including real estate, employment issues, contract drafting, sales agreements, and intellectual property protection.
Litigation Representation
We advocate for clients on both sides of business disputes, handling various litigation matters with diligence and expertise.
Consultative Services for Growing Businesses
Small business owners and entrepreneurs often overlook the importance of legal counsel early on. We offer strategic advice tailored to address evolving needs such as contract negotiation, employment law compliance, and liability protection as businesses expand.
Transactional Expertise
Our firm advises on diverse business transactions, including asset purchases, business ownership transfers, trademark licensing, sales contracts, equipment leases, and personnel management matters, ensuring comprehensive legal support for your business endeavors.
Employment Law
Our firm represents businesses and employees in litigation before various administrative agencies and state and federal courts. We offer tailored advice to businesses and individuals, helping them mitigate risks and resolve workplace issues efficiently to avoid prolonged litigation. Whether it's contract disputes, discrimination claims, retaliation cases, or other workplace conflicts, we provide expert guidance on preserving claims, navigating different legal forums, and pursuing remedies such as back pay, punitive damages, and injunctive relief.
Unlawful Reasons for Employment Discrimination
- Employers cannot discriminate based on factors such as age, race, sex, pregnancy, religion, national origin, or disability.
- It is unlawful to refuse to hire, terminate, demote, or treat an employee unfavorably due to these protected characteristics.
- These protections ensure fair treatment and equal opportunity in the workplace, fostering a diverse and inclusive work environment.
- Violations of these laws can lead to legal consequences and remedies for affected employees.
Protected Actions in Employment
Employees are legally protected from retaliation for engaging in these actions. Employers cannot discriminate against or take adverse actions against employees for exercising these rights, ensuring workplace fairness and compliance with employment laws.
- Asserting rights to workers’ compensation benefits.
- Seeking or using Family and Medical Leave.
- Reporting or claiming rights under Texas Wage rules.
- Reporting or asserting rights under Texas Occupational Safety and Health rules.
Employment-at-Will in Texas
In Texas, employment-at-will means that without a specific employment contract, the employer or employee can terminate the relationship at any time, for any reason, or no reason at all, regardless of performance quality. However, termination for unlawful reasons, such as discrimination, can lead to legal liability for the employer, including financial damages and court orders to stop such practices.
Exceptions to At-Will Employment in Texas
In Texas, at-will employment can be overridden by a written employment contract specifying a definite employment period. Such contracts are uncommon but legally binding. Employers and employees must adhere to the terms outlined when a definite period is agreed upon. Breaching these terms can lead to legal action seeking enforcement of the contract or compensation for damages caused by the breach.
Employment Law Protections
- Prohibited Actions: Federal and state laws protect employees from discrimination based on age, race, sex, religion, national origin, disability, and retaliation for certain claims. For instance, retaliating against an employee for using rights under the Workers’ Compensation Act is illegal in Texas.
- Coverage and Procedures: These laws apply based on a business's number of employees. Employees typically need to file a complaint with an administrative agency and complete the agency's process before suing in court. Timely filing is crucial, as missing deadlines may forfeit the right to pursue a claim.
- Harassment and Discrimination: Understanding workplace harassment can be complex, as one must distinguish between acceptable banter and illegal behavior. Clear policies and procedures are crucial for established companies to address harassment effectively. Employees should follow these protocols to strengthen their case against harassment.
- Retaliation Protections: Antidiscrimination laws protect employees from retaliation for opposing discriminatory practices or participating in related proceedings. Employers cannot penalize employees for filing charges or cooperating in investigations under these laws.
- Severance Agreements: Navigating severance agreements requires careful consideration due to their legal complexities and potential consequences. Consulting with an experienced attorney can ensure a thorough understanding of the terms and improve negotiation outcomes.
- Legal Guidance for Employers and Employees: Whether facing personnel challenges or unlawful treatment, our firm provides expert guidance in navigating the nuances of employment law, ensuring fair treatment and legal compliance.
Healthcare
Our firm specializes in conducting thorough internal corporate investigations and crafting robust compliance programs. We have extensive experience representing clients in complex civil litigation, particularly cases stemming from federal fraud investigations such as those under the Federal False Claims Act and qui tam whistleblower actions. We also handle healthcare fraud cases and provide adept representation to corporate entities and individuals facing investigations by the Department of Justice, U.S. Attorneys, Inspectors General, and State Attorneys General. Our clients range from hospice providers to healthcare professionals, ensuring diligent advocacy and strategic defense in legal matters.
Regulatory Compliance
Regulatory compliance is critical for businesses to operate within the bounds of legal and ethical standards set forth by governing bodies. It encompasses adherence to laws, regulations, and industry standards relevant to specific sectors, ensuring businesses mitigate risks and maintain integrity in their operations. Our firm specializes in guiding businesses through the complexities of regulatory compliance, offering strategic counsel and practical solutions to navigate regulatory landscapes effectively. Whether addressing compliance requirements in healthcare, finance, or other industries, we provide tailored guidance to safeguard our clients' interests and foster long-term success.
Arbitration
Arbitration is an alternative dispute resolution method where parties agree to resolve conflicts outside of court, typically with less formality and quicker resolution than traditional litigation. It involves an arbitrator or panel making a binding decision based on evidence presented by both sides. Our firm specializes in arbitration proceedings, offering comprehensive support to clients seeking efficient and effective dispute resolution. We provide strategic guidance throughout the arbitration process, ensuring our clients' interests are vigorously represented, and their objectives are achieved with clarity and expediency.
Connect With Us
Are you ready to navigate your legal challenges with confidence? Whether seeking guidance on estate planning, facing employment disputes, or needing representation in complex litigation, our team at the Law Offices of William T. Fitzgerald is here to help. Contact us now to take the first step toward resolving your legal matters with experienced advocacy and personalized attention.