If I am threatend by a notice of intent to sue me, should I talk with the attorney for the opposition about a settlement?

I am not licensed to practice law in Texas so the following should not be taken as legal advice, but simply as information based on general principles of law which is intended to educate. If you need legal advice, please consult a lawyer who holds Texas licensure.

Wage and hour statutes often provide that as soon as the claim is filed, the amount owed DOUBLES PLUS provides for the award of attorney's fees to the plaintiff if he proves his case. I don't know what Texas's statute says but this is true where I practice and I believe it's true in other states also. The legislature wants employees to be paid their wages in a timely fashion and so it gives incentives to lawyers to take these cases and incentives for employers to be punctilious in paying every penny owed.

If there is a ghost of a chance of the plaintiff's prevailing it would be a good idea for you to obtain the advice of Texas counsel so you can assess the risks of any particular course of action on an informed basis. Once you are proceeding on an informed basis, you will be in a better position to determine whether you should make a settlement offer, or litigate the matter.

Good luck.