Kerry Vincent O'Brien

Kerry Vincent O'Brien

4.9
Rating: 10.0

Licensed for 23 years

Employment and labor Lawyer at Austin, TX
Practice Areas: Employment & Labor

1011 Westlake Drive, Austin, TX

About Kerry

Biography

Practice Areas

1

Practice Area

Employment and Labor 100%

Unpaid compensation: commissions, bonuses, executive compensation, salary, overtime wages, employment agreements. That's ALL I do, and only for employees and independent contractors in Texas, as a former Texas assistant attorney general.

18 years | 650 cases

100%

Fees and Rates

Cost

Contingency

33%-33%


Payment Methods

  • Cash
  • Check
  • Credit Card

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Licenses

Licensed in Texas for 23 years

State: Texas

Acquired: 2002

Eligible to Practice in Texas

No misconduct found

Location

Law Offices of Kerry Vincent O'Brien

1011 Westlake Drive, Austin, TX, 78746

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Kerry Vincent O'Brien's Reviews

Avvo Review Score

4.9 /5.0

62 Client Reviews

Showing 11 - 15 of 26 reviews | Practice Area Knowledge

Posted by Ken | June 05, 2019 | Hired Attorney | Employment & Labor

Excellent lawyer - compensation settlement

I was referred to Kerry by my attorney and for that I am very thankful. My situation involved non-payment of owed commissions. Kerry explained my rights under Texas law and my options. He was very clear in the explaining each step in the process. He won my case handily. Unfortunately, he still... had to put pressure on my former employer to make the necessary payments. He was admirable in applying pressure at the most appropriate times to gain a favorable settlement. Overall, Kerry is very knowledgeable and an expert in his field. He communicated with me on a regular basis and kept me abreast of all possibilities and potential outcomes. I felt he was in complete control of the proceedings. I would not hesitate to hire him again.

Kerry O'Brien

Replied last June 05, 2019

This is a case where my experience with the Texas post-judgment collections process came in handy. A court judgment against an employer means very little if you don't know the legal process to collect on it, and many employment attorneys aren't knowledgeable about that process. Knowing the collections process here made a huge difference in getting the judgment paid 100% in full, and allowed my firm to provide this client with extra value. Although it was ultimately just money, for this client it was also justice for not being paid commissions that he had rightfully earned.

Posted by anonymous | April 17, 2019 | Hired Attorney | Employment & Labor

So Glad I Found Kerry to Help Me!

I was already approved and receiving unemployment benefits from my previous employer. I took on a job as an independent contractor for only a few days. After calculating the expenses I had to dish out, wear & tear on my vehicle, mileage, & payments I was receiving for the time & jobs I had done, I re...alized I was working for less than minimum wage. So I no longer took on any more of jobs from that company. Being honest, I reported those wages to TWC when I did my payment request, which they approved in my favor. Well, the company decided to file an appeal saying that I was NOT ELIGIBLE for benefits and I was to be part of a tribunal hearing. I contacted Kerry immediately with all my info. I was so worried & stressed that I was going to lose all my benefits. Kerry went above and beyond to help me with my case and the company ended up withdrawing their appeal. I did not have to appear for the hearing and did not lose any of my benefits. I am so glad I found Kerry and I definitely recommend him if you are having any issues with unemployment, claims, hearings, etc. Thank You Again Kerry for all your Help!

Kerry O'Brien

Replied last April 17, 2019

This client was one of my "worriers" - who I am always grateful for the chance to help, with the first order of business taking the worry off of their shoulders. I'm so glad we were able to get this unfair situation resolved in her favor.

Posted by TD | March 28, 2019 | Hired Attorney | Employment & Labor

Outstanding Results with a Caring Professional

I have several years of dealing with attorneys on a work level and had to obtain Mr. O'Brien's services for my own behalf because of a past employer. His insight on the issues, understanding the law and how the dynamics or intents were applied when the laws were written and following up on all matte...rs in a timely and professional manner led to an outcome that was to say the least WONDERFUL. Kerry kept me informed on every step that he was planning on taking and why. During this whole time, I was 1200 miles away from his office, but he was accessible to me as if I were walking across the street to speak with him when need be. Not only did his knowledge of the law and the understanding of the opposing parties including their attorney assist in a positive outcome for me, he did all this while being a true gentleman to everyone and showed a genuine caring attitude for helping the case become settled. Kerry explained what to expect and how they would rebut everything presented to not settle and he was spot on with his predictions. You only see this type of intuitiveness when a person has the solid background of dealing with these issues time after time and putting that information into a clear thought process that can be explained to anyone and then helping ease the anxiety we all feel when we are in these situations. I am very relieved to be past this drama that has been affecting my family and myself, but I am grateful that I reached out to Kerry and that he accepted the challenges.

Kerry O'Brien

Replied last March 28, 2019

This client came to me with what he believed was just a decent-sized claim, but we were able to turn it into something much bigger, and it was a pleasure helping this outstanding client get a great result after a difficult ending to their job.

Posted by Dan | July 27, 2018 | Employment & Labor

Did a great job ,

Needed some help with TWC on a overpayment, which TWC made a mistake. However under the Law not much can be done other than file a civil suit . Way to much trouble. Kerry did all he could do. If I had it todo again I would have contacted Kerry for the first phone hearing... oh well . Thanks Kerry.

Kerry O'Brien

Replied last July 27, 2018

Even if my advice doesn't get someone out of a bind because well, the law is the law and it is what it is, at least we can get someone knowledgeable about where they are at and how to deal with it going forward. And, hopefully with that knowledge, they will sleep a little better at night.

Posted by Aaron | July 16, 2017 | Hired Attorney | Employment & Labor

Excellent

I hired Kerry to represent me in an unemployment hearing. My benefits were already approved but my previous employer appealed. They paraded 4 witnesses against me and I had none. Kerry reviewed my documents for evidence before submission and picked out 14 pages out of 130+ for me to submit, he then p...repped me over the phone. My hearing was strange, it went over the 1 hour time frame and had to be reset a few weeks later and took an additional half hour. Kerry is prompt in responses and gives sound advice. If you are uncomfortable representing yourself, this is money VERY well spent. We prevailed in the end and I am very satisfied.

Kerry O'Brien

Replied last July 16, 2017

I was very glad to help in this hearing. Commission Appeals unfortunately reversed on the employer's appeal - meaning, I was able to help the client win a case that Commission Appeals said he shouldn't have won. And, we're still working on behalf of this client to get unpaid wages from the employer, and helped him file suit to continue appealing his TWC claim. Sometimes, when we help someone on an unemployment claim, we determine that other rights have been violated, and are sometimes able to recover for them thousands of additional dollars above and beyond their unemployment benefits.

See All Client Reviews

Kerry Vincent O'Brien's Lawyer Endorsements

Endorse Kerry
Adrian Matthew Resendez headshot
Adrian Resendez

Employment and labor lawyer | Sep 13

Relationship: Worked together on matter

"Kerry is one of the most passionate attorneys that I have had the pleasure of meeting and working with."

Rhett Lane Hoestenbach headshot
Rhett Hoestenbach

Employment and labor lawyer | Jul 06

Relationship: Worked together on matter

"Great attorney! I endorse this lawyer."

Amanda Michelle Bergstrom headshot
Amanda Bergstrom

Employment and labor lawyer | Mar 16

Relationship: Fellow lawyer in community

"I endorse this lawyer. I met Kerry at a meeting through the Austin Bar Association several years ago. He is knowledgeable and passionate about helping his clients and I would refer a friend to him."

John K Lassen headshot
John Lassen

Unknown lawyer | Mar 12

Relationship: Fellow lawyer in community

"I endorse this lawyer."

Angela Faye Brown headshot
Angela Brown

Employment and labor lawyer | Jul 15

Relationship: Fellow lawyer in community

"I endorse this lawyer."

Robert Werner von Dohlen headshot
Robert von Dohlen

Employment and labor lawyer | Jun 10

Relationship: Fellow lawyer in community

"Mr. O'Brien is a well-respected member of the legal community; he has a fine reputation and is highly recommended. I met Kerry at a Continuing Education class for fellow attorneys; he made a great presentation that demonstrated not only his intellect but also deep care and concern for his clients and others in his life."

Lori Elaine Hall Laird headshot
Lori Laird

Employment and labor lawyer | Jun 08

Relationship: Fellow lawyer in community

"I endorse this lawyer."

Sherrie Haussner Travers headshot
Sherrie Travers

Employment and labor lawyer | Jun 08

Relationship: Fellow lawyer in community

"I endorse Kerry O'Brien. He is knowledgable in employment/labor law as well as commercial itigation. I will not hesitate referring my clients to him."

Andrew Michael Tolchin headshot
Andrew Tolchin

Employment and labor lawyer | Jan 08

Relationship: Fellow lawyer in community

"I endorse Kerry O'Brien for employment law, business law, and many fields of practice. Kerry is a consummate professional, very knowledgeable, and has an excellent demeanor. When I have legal issues in Austin, Kerry is someone I look to."

Trenton Lane Kelly headshot
Trenton Kelly

Commercial real estate lawyer | Sep 25

Relationship: Opposing Counsel on matter

"I endorse Kerry without reservation and would recommend him to any client seeking legal counsel. The majority of my personal experience with Kerry came from a partnership dispute case in which I was opposing counsel. The case was complex in that it had multiple moving parts and the clients on each side had personal relationships outside of their partnership that created unique challenges. Kerry worked tirelessly for his clients and effectively and persuasively communicated their position. Ultimately, we were able to resolve the case without going to trial. This result was largely based on Kerry's fine work and professionalism. I have since referred cases to Kerry and have only heard great things from each person who has worked with him. If you are looking for a great lawyer who will provide you with personal attention, look no further."

James Daniel Parker headshot
James Parker

Employment and labor lawyer | Apr 07

Relationship: Fellow lawyer in community

"I endorse this lawyer. He's very knowledgeable and capable."

View All Endorsements
Adrian Matthew Resendez headshot
Adrian Resendez

Business lawyer

Amanda Michelle Bergstrom headshot
Amanda Bergstrom

Estate planning lawyer

Sade Ogunbode headshot
Sade Ogunbode

Debt settlement lawyer

Tony Ray Bertolino headshot
Tony Bertolino

Administrative law lawyer

Andrew Michael Tolchin headshot
Andrew Tolchin

Personal injury lawyer

Rhett Lane Hoestenbach headshot
Rhett Hoestenbach

Personal injury lawyer

Trenton Lane Kelly headshot
Trenton Kelly

Business lawyer

Experience

Rating:  10.0 (Superb)

Honors

2025

SuperLawyers, Thomson Reuters

2024

SuperLawyers, Thomson Reuters

2023

SuperLawyers, Thomson Reuters

2016

Board Certified - Labor and Employment Law, Texas Board of Legal Specialization

Work Experience

2008 - Present

Attorney and Owner, O'Brien Law Firm

2003 - 2007

Assistant Attorney General, Office of the Attorney General of Texas

2002 - 2003

Hearing Officer, Texas Workforce Commission

Associations

2015 - Present

Texas Bar Foundation

Fellow

2012 - Present

Texas Employment Lawyers Association

Member

State Bar of Texas Employment Law Section

Member

State Bar of Texas, Litigation Section

Member

Austin Bar Association

Member

Sample of Legal Cases

McSwain v. Act Global Americas, Inc.

$152,000 in sales commission + $60K attorney fees and $27K of interest

Warren v. Revolution Insurance Technologies

$425,000 (resolved on confidential terms during post-award receivership)

Rekiel v. Wardlaw Consulting Group, LLC et al.

$504,000 awarded to client, as well as a jury finding entitling her to hundreds of thousands of dollars in future commissions. The ongoing dispute was resolved post-trial on confidential terms.

See More Legal Cases

Education

2002

University of Texas School of Law

Speaking Engagements

2016

Employment Law 101

Winning Unemployment Appeals

2014

People's Law School

Employment Law for Employees

2014

Austin Bar Association, Labor & Employment Law Section

Inside the Mind of a TWC Hearing Officer

2013

People's Law School

Employment Law for Employees

2012

Peoiple's Law School

Employment Law

2011

People's Law School

Employment Law

2010

Personal Injury Practice for Paralegals

Mediating, Negotiating and Trying Personal Injury Cases

Publications

2016

Employment Law 101 - Texas State Bar Handling Unemployment Appeals

Languages

English

Activity

Avvo Rating

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Avvo Rating Levels
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