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 21 - 25 of 26 reviews | Practice Area Knowledge

Posted by Roberta | July 07, 2016 | Hired Attorney | Wrongful Termination

Fired While On Medical Leave.

I hired Kerry O'Brien in 2011 to represent me in a legal case against Olan Mills Portrait Studio's. I was Fired while on Medical Leave and felt like I was doomed. I had worked for the company for 17 yrs. and only found out they had quote"Let Me Go" by My Insurance Company, Cigna. By The Grace Of God ...I was sent, by another attorney, ( A Personal Injury Attorney Familiar With His Firm ) to set an appt. with Kerry O'Brien and it saved my life! He contacted many Doctors and The Company and my Insurance Company to confirm my situation. My District Manager actually lied and said my Med Leave Papers never made it to HR. After investigating, Mr. O'Brien came up with the PROOF that the papers had indeed made it to HR at Olan Mills on the date they denied, by investigating the faxes between My Dr. and Olan Mills, and my Insurance Comapny. He is of very High Integrity and he treated me as if I were his only client. I would never have been able to recoup what I had lost if not for his perseverance and his honesty. Employment Lawyers are VERY difficult to find and I was Blessed to have been led to him! My Husband and I still talk about his Integrity to this day, not much of that around any more sorry to say, BUT, this Lawyer, Kerry O'Brien, is the epitome of the word! I could never Thank Him Enough!

Kerry O'Brien

Replied last July 07, 2016

Since her case, this client has contacted me a few times to get help on new legal matters or to refer friends. I am always happy to help anyone - especially previous clients - connect with the right attorney for whatever situation comes up in their lives in the future.

Posted by anonymous | April 21, 2016 | Hired Attorney | Employment & Labor

Kerry O'Brien will win your case even with the odds against you!

You have now identified "the Best Attorney in TX and the United States!" I was in a bind, and needed representation from an Attorney quickly to support my Texas Workforce Commissions hearing. The call was last minute. I needed someone who was an expert in Employment laws that could jump in last s...econd and overturn the previous ruling. Here arrives my hero, Kerry O'Brien. He is an expert Attorney and as a previous Hearing Officer for the Texas Workforce Commission he is an expert in Talent hiring agencies business practices in "avoiding unemployment claims at all costs." I'm so impressed with his big picture prospective and his guidance in seeking the truth. It was so refreshing after being used and misrepresented to TWC by RandstadUSA in Alpharetta, GA. He made our case to seek and uncover the truth. Justice has been served and I'm so pleased that he protected my rights and helped me present the facts as the organization is global and their business practices and ethical behavior leave much to desire, professionally. Thank you Kerry! You are the very best!!!

Kerry O'Brien

Replied last April 21, 2016

I enjoyed helping this client. She had a great attitude and did a great job testifying in the way I had prepared her, to make sure she was able to "thread the needle" and get unemployment benefits in an otherwise dicey legal scenario.

Posted by anonymous | March 23, 2016 | Hired Attorney | Employment & Labor

Employee gets settlement in FMLA/ADA Employment Discrimination Case

I owe so much to Kerry, it’s hard to know where to begin. Like so many of his clients, I was in an awful position with my employer. Desperate, I called his office at 7 AM and had no idea my life was about to change when he called me back an hour later. From that first call, I knew he was the perfect ...person to help me resolve a complicated and unusual employment issue that other attorneys reported was too complex for them. He understood the complexities of my situation immediately and handled them with aplomb. He is one of the smartest people you will ever meet. His emotional intelligence is off-the-charts, making him a rare combination of intellect and wit. His seamless ability to calm my nerves, give me “real talk” when I needed it, and offer a shoulder to cry on made him the perfect advocate. I know I would not have survived a minute of this process with another attorney. When my employer hired Big, Formidable Law Firm to represent them, I became anxious because of their reputation. It quickly became clear that this firm would be no match for Kerry. Kerry not only anticipated my employer’s every move, but also outmaneuvered them every step of the way. At points throughout, I thought he was clairvoyant given how precisely he predicted their actions and, at times, even words. I still remain in awe of his expertise and professionalism. I have a handful of colleagues and friends with nearly identical cases to mine, some with experiences far worse. Kerry not only supported me but later them as well. We all walked away with good settlements and his word that if they continue to create any problems that he is a phone call away and would be happy to have another discussion. From our time working together, I have grown to respect him as one of the most brilliant, hardworking, and compassionate advocates I have ever known. He changed my life in more ways than I will ever be able to express and I am eternally grateful to him. I trust Kerry with my life and I give him my highest recommendation.

Kerry O'Brien

Replied last March 23, 2016

This client reminds me why I do what I do, and why I dedicate my practice to helping Texas employees. Getting my client leverage while protecting and furthering their best interests in a difficult employment dispute is the key to starting with a tough situation and ending with a happy client.

Posted by Anthony | March 23, 2016 | Hired Attorney | Employment & Labor

FLSA case with successful resolution & settlement

I had a rather terrible year from the start in 2015, but with the help of Kerry's expertise 2015 ended on a positive note with the successful resolution of my FLSA case. Legal matters are one of the few areas I know nothing about and apprehension for the matter was high even though I had the supporti...ng docs and upper hand in the case. Kerry's expertise shows up immediately and also with a confidence that is to say the least, comforting. Watching him work in correspondence was at times uplifting as he provides precise amounts of pressure and attitude at the necessary junctions. Every day that passed I felt more and more confident as he demonstrates that he knows his stuff. From the very beginning I had put forth my goals for the case and Kerry was listening. I at many times wanted to know the reasoning behind things and one of the best parts of Kerry's skill set is that he translates all that lawyer-speak into clear easy to understand terms. Like a great coach should, you cant just ask your players to do something without telling them why they must do it. Understanding the choice is every bit as important as making it, and Kerry is that great legal coach. From day one Kerry demonstrated excellence in not only his expertise, but the ability to listen well, and coach me through the whys and why nots. His confidence and good attitude also helped guide us to a successful resolution and settlement. On top of all that, he is a pretty funny guy too. :) Kerry has earned my eternal gracias, and was instrumental in getting a resolution and settlement for my case. I would HIGHLY recommend Kerry O'Brien for your legal counsel, while you sit back and let him do his legal magic with confidence.

Kerry O'Brien

Replied last March 23, 2016

As they used to say on the A-Team, "I love it when a plan comes together." It was a pleasure helping this client on this case and I'm so glad they are happy with the care that my firm gave their case.

Posted by Michael | March 10, 2016 | Appeals

I would highly recommend Kerry for anyone dealing with an unemployment appeal.

I hired Kerry to defend me against an appeal filed by my previous employer after receiving unemployment benefits. I discovered his law firm via the internet. I called his office and left a voice mail. My call was returned very quickly by Kerry himself, not a legal aid or a secretary. He took the time... to listen to my situation and answer any questions I had. After I hired him to represent me, he continued to personally respond to all my calls and emails very quickly. Kerry is the first attorney I have ever had to hire, but I have heard many stories from other people who have hired attorneys. Everything I have ever heard about hiring an attorney has ALWAYS been negative. Things like it's impossible to get a hold of your attorney once you pay him, they are very impersonal and don't seem to care, and the most common issue being that people don't trust their attorneys. My experience with Kerry has been nothing but a pleasure. He knows what he is doing and he is very comfortable to work with. There were many times where he replied to my emails on the weekend or in the evening. Kerry's rates are very reasonable as well. Some other attorneys I had looked at advertised a flat rate fee. After looking a little deeper I found that their "flat rate" fee only applied if your appeal is completed in one hearing. If it goes past that, then you are charged $100/hr. Kerry offers a flat rate fee as well. The difference is that if your appeal goes beyond a single hearing, like mine already has, you will not be hit with any kind of hidden fees. Kerry's flat rate fee is a true flat rate. I can honestly say that I trust Kerry. I would not hesitate to tell any body that they can trust him as well.

Kerry O'Brien

Replied last March 10, 2016

It was a pleasure to help Michael through a hearing that was tough both fact-wise and emotionally. We were able to come up with a creative angle to help him win his case - and I can say that it came directly from my experience as a former TWC hearing officer. I'm glad I could use that experience to help him get the right result.

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

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