Author: Adam Kielich - Page 10 - Texas Law Guide

What happens to my beneficiary designations after a divorce in Texas?

Divorce Law, Retirement Plan/401k/Pension

During a divorce one of the biggest issues in dividing the marital property is dividing the financial assets. Most married people will designate their spouse as the beneficiary on the account or policy. The Employee Retirement Income Security Act (ERISA) governs most employee benefits. It requires married employees to designate their spouse as the primary […]

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Is getting paid by salary better than being paid hourly in Texas?

Wage & Hour Lawyers

Not necessarily. Under federal and Texas law, all employees must receive at least minimum wage for the first forty hours of work and overtime for work time beyond at a rate of one and a half the rate paid for the first forty hours unless an exception applies under the law. Texas and federal wage laws contain

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Is there a benefit to hiring a divorce attorney of the opposite sex?

Divorce Law

There are a lot of misconceptions about how divorce works and how divorce attorneys work. Most of these misconceptions are thanks to television shows and movies that depict divorces wrongly in almost every way imaginable. One of the biggest misconceptions people have about divorce and divorce attorneys is that there is some super secret edge

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What to do if I am an employer and somebody is being harassed or discriminated against at work in Texas?

Age Discrimination Law, Disability Discrimination Law, Employment Litigation Attorneys, Racial Discrimination Law, Religious Discrimination Law, Retaliation Law, Sex Discrimination Law

As a Dallas employment lawyer, I often write about what Texas employees should do to protect their rights but employers also play a role in ferreting out workplace harassment and discrimination. You might own a business or work in human resources and confronted with a situation where an employee alleges harassment or discrimination in the workplace. Obviously,

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My employer is offering severance in Texas. Should I sign the severance agreement?

Age Discrimination Law, Employee rights lawyer

Ultimately you will have to sign the severance agreement if you want the money or whatever benefit they offer; but that does not mean you should sign it without carefully considering the terms. There are basically three types of severance agreements with employers in Texas. I call them the “let’s just be friends” severance; the “business

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What is the statute of limitations in Texas and what happens if the statute of limitations runs out?

Wrongful Termination Law

There is no actual “statute of limitations” passed by the Texas legislature that gives the limitations period for all suits. The phrase refers to the limited period of time to bring a suit to court, whether it is a divorce, personal injury, employment, or even criminal suit. Different types of suits have different limitations periods

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Can my employer stop contributing to my 401k?

Employment Benefits Law, Retirement Plan/401k/Pension

As an employee, contributing to a 401k plan can be an essential aspect of your retirement planning. However, if your employer contributes to your 401k plan, you may wonder whether they can stop contributing to it. In this article, we will discuss what a 401k plan is, how employer contributions work, and whether your employer

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Should I delete social media posts or accounts in a divorce?

Divorce Law

When I wrote the original text of this post in the early 2010s this was a novel question with social media still a relatively small part of our society. Myspace had all but disappeared, Facebook dominated social media while Twitter, Pintrest and Instagram were just starting to emerge. LinkedIn was around but nobody really knew

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I received citation/service/divorce papers– what do I do?

Divorce Law, Uncontested Divorce Attorneys

If you received paperwork on a divorce you need to follow the right steps to protect your interests in Texas. Most likely you received these papers in one of two ways. You may receive citation from a constable, other process server, or certified mail. Citation is notice of a divorce proceeding and the divorce decree.

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What is the importance of the attorney-client privilege?

Employment Litigation Attorneys

The attorney-client privilege protects communications between lawyers and clients when those communications are part of the lawyer providing legal services. The privilege allows the client to speak honestly with the attorney so the attorney can provide the best legal services. Without the privilege, clients may be unwilling to share critical information with their attorneys. Although the importance is obvious

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Naughty or Nice: Don’t Lose Your Job at the Holiday Party

Employee rights lawyer, Sex Discrimination Law

Russell Cawyer, an attorney in Fort Worth, maintains an excellent employment law blog focusing on employer issues. Each winter he reposts a link to his list of key topics for employers to avoid creating bad situations at holiday parties. In light of his highly informative wish list for employers I wanted to write a complementary

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What is a guardian ad litem under the Texas Family Code?

Child Custody Law, Divorce Law

A guardian ad litem (often abbreviated as GAL) under Texas law represents the interests of an involved individual but is not that person’s attorney. A guardian ad litem represents the best interests of a person who is unable to advocate for their own interests, such as a child. The person the guardian ad litem represents

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Can you sue if your child is injured at a Texas public school?

Slip and Fall Injury Law

Public schools and their employees in Texas enjoy protection under Texas law from most injuries to the children they supervise. This means that even though schools are responsible for caring for your children during the school day they are generally immune if something happens to your children causing them injury. It is the general rule

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Should the law be a regulated practice?

Divorce Law

Every few years, articles surface calling for the deregulation of the practice of law. Citing arguments from making it easier to get into the practice of law to making it more affordable, lawyers walk away looking pretty bad operating in a regulated environment. While these arguments frequently raise some valid points, there are a lot

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Can you sue if you are injured at beauty salon or spa in Texas?

Serious Bodily Injury Lawyers, Slip and Fall Injury Law

Many people would not believe the frequency of injuries caused by beauty procedures and treatments at beauty salons and spas. Salons frequently use acids and other harsh chemicals on the scalp, face and other parts of the skin. Salons and spas are increasingly offering more aggressive treatments such as botox, dermabrasion, laser hair removal and other

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Should I invest in company stock in my 401k?

Employment Benefits Law, Retirement Plan/401k/Pension

Employees must understand the importance of making informed investment decisions when it comes to your 401(k). One common question that arises is whether investing in company stock within your 401(k) plan is a wise choice. In this comprehensive article, we delve into the factors you should consider when deciding whether or not to invest in

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What is HIPAA and how does it affect my employment? (Updated 2022)

Employee rights lawyer

HIPAA is the Health Insurance Portability and Accountability Act of 1996. HIPAA’s most important aspect for consumers and employees is its privacy protection. HIPAA protects your medical records and other personal data from unauthorized disclosure by covered entities. Although employers may not count as covered entities the rules applying to covered entities affects them. The

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What is the difference between no-fault divorce and fault divorce in Texas? Fort Worth divorce lawyers

Divorce Law, Uncontested Divorce Attorneys

In Texas, you can ask for a divorce for specific reasons of some marital problem (fault divorce) or generalized reasons that the marriage isn’t working (no-fault divorce). This division in divorce in Texas is historical but continues to provide some legal benefit in certain circumstances. Depending on the facts of your case and what you

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I was sued, my insurance company did not settle and the jury awarded more than my policy covers. I can’t afford to pay. What can I do?

Car Accident Laws, Serious Bodily Injury Lawyers

When you own liability insurance, whether it is home insurance or auto insurance, your policy undoubtedly possesses a clause that allows you to turn the claim over to the insurer when the claim is covered under the policy. The insurance company then has a duty to defend you from lawsuits for those claims. Typically insurers

I was sued, my insurance company did not settle and the jury awarded more than my policy covers. I can’t afford to pay. What can I do? Read More »

I am a homebrewer, can I sell my homebrew/beer/wine/mead/cider/etc.?

Employment Litigation Attorneys

As a fellow homebrewer, unfortunately I have to tell you the answer is no, unless you obtain professional brewing licenses and sell beer from a commercial brewery or brewpub. There are a lot of misunderstandings about what you can do with your homebrew. Each state has its own laws for how much you can make and where you

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