Year: 2014

Liability for over-serving alcohol to a guest in Texas?

With Christmas, New Years Eve and bowl games it’s the season where people throw parties and serve alcohol. Sometimes that means people will drink too much and get behind the wheel to drive home intoxicated. These intoxicated drivers are not only a risk to themselves but also a risk to passengers in other vehicles. In some states …

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Constructive Discharge and Supervisor Conduct in Texas: Fort Worth retaliation lawyer

When an employee claims an employer created a hostile work environment that resulted in a prohibited form of unlawful employment discrimination the employee must prove, among other things, that the employee suffered an adverse employment action. It is not enough that the employer was hostile towards the employee or that the employee found the workplace unpleasant. …

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AT&T Pension Benefits and QDROs in a Texas divorce

Many large and longstanding employers, like AT&T, General Motors, Hewlitt Packard and Bank of America, have defined benefit pension plans that offer retirement benefits more complicated in their benefit formula than a 401k plan where the participant receives the vested benefit on the distribution date. These defined benefit plans determine benefits out of a combination of service …

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What is personal injury protection coverage in Texas?

Personal injury protection coverage (often known as PIP coverage) is an optional piece of your automobile liability insurance. It provides no-fault coverage for bodily injury-related losses. In Texas, PIP is mandatory unless the covered individual (the insured) signs a waiver to waive PIP coverage. Personal Injury Protection coverage can be an effective tool in recovering …

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My spouse doesn’t want a Texas divorce but I do. What can I do? Texas divorce lawyer explains

This is a fairly common question I receive at my Texas law office from potential divorcees who feel trapped by their spouse because the spouse is adamant about remaining in the marriage for one reason or the other. At fault divorces in Texas Once upon a time in Texas a divorce could only occur for very …

My spouse doesn’t want a Texas divorce but I do. What can I do? Texas divorce lawyer explains Read More »

Are you getting what you pay for with a cheap divorce in Texas?

There are a lot of lawyers and non-lawyers offering services for cheap uncontested divorces in Texas. Many of these entities offering cheap uncontested divorces offer prices far below what most divorce attorneys charge. Truthfully, divorce attorneys in Texas often charge $250-400 per hour. Some partners at large law firms charge as much as $1000 per …

Are you getting what you pay for with a cheap divorce in Texas? Read More »

Shared Interest vs. Separate Interest in a QDRO

One issue dividing retirement accounts in a Texas divorce is whether the division is on shared interest or separate interest. This issue is technical and can be a confusing aspect of dividing retirement plans in a divorce. Often this issue arises when the parties are determining the final language of the divorce decree and the …

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The importance of a well constructed 50/50 custody arrangement in a divorce in Texas

Many people exit a divorce with children with the desire to balance the custody relationship so the parents split time with the children in a 50/50 custody arrangement. I have written several times about the risks involved in 50/50 child custody arrangements. As great as they are when they work, they are terrible for everybody …

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What is the difference between alimony, spousal maintenance and spousal support in Texas?

There is no guarantee of alimony or spousal maintenance in a Texas divorce. Texas, like many states, changed its family relations laws (our Texas Family Code) in recent decades to curb the power of family court judges in Fort Worth, Dallas, Houston, Austin and around other part of Texas, to grant any type of spousal …

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Vocal Fry makes women less hirable. Is that employment discrimination?

A round of news articles published last week regarding a study conducted by Florida Atlantic University regarding what is called “vocal fry” and how it affects the perception of women in the employment context. If you’re not familiar with the term vocal fry, it’s the speech pattern by some women in which they talk in a …

Vocal Fry makes women less hirable. Is that employment discrimination? Read More »

The Kielich Law Firm Podcast for Texas law and lawyers

In addition to my frequent law blog postings about employment law, family law and wrongful termination litigation on this site I decided to branch out with my free legal content into the world of podcasting. I am not convinced the podcast is a better delivery method for legal analysis and discussion; but for now it’s something …

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Halloween in the workplace? Keep yourself out of trouble. Dallas sexual harassment lawyer

It’s that time of year where employers throw Halloween parties and accept employees wearing Halloween costumes in the workplace. Halloween is a fun way to play dress up and pretend; but it’s also a really good way to create lasting problems in the workplace. Attorney Robin Shea writes about Halloween-related employment problems from the employer’s …

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Creative Custody and Possession Schedules in a Texas Divorce

A few months ago I wrote a post about problems with 50/50 custody arrangements. Generally, the problems I discussed are relevant to any kind of custom or creative custody arrangement deviating from the standard possession order or extended standard possession order schedule found in the Texas Family Code. 50/50 custody arrangements are not the only type …

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Can you be fired for playing fantasy football at work in Texas?

You may remember a few years ago there was a big kerfuffle about a Fidelity Investments employee in the North Texas who was fired for allegedly discussing fantasy football at work under an anti-gambling policy. Arguments were had whether fantasy football is gambling and whether it was fair that the employee was fired. It went …

Can you be fired for playing fantasy football at work in Texas? Read More »

Military retirement and Texas divorces

Military pensions, or military retirement, is a complex and tedious part of a Texas divorce. Generally, dividing retirement plans in divorces can be complex legal and financial undertakings; but military pensions carry unique functions that affect how they fit into a divorce in Texas. What works in one divorce may not be remotely close to the …

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