Adam Kielich

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?

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 occurĀ for very

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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

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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

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Halloween in the workplace? Keep yourself out of trouble

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 deviatingĀ 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

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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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The Hidden Danger of Child Support Income Withholding in Texas

In Texas divorces with children, child support is almost always awarded. Along with the support comes an income withholding order (IWO) to garnishĀ child support from the paying parent’s paycheck. The paying parent, the obligor, will have payments deducted and paid through the Attorney General or a domestic relations office.Ā The income withholding order is often a

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Can I file an FMLA lawsuit in Texas state courts?

Yes, under section 107 of the Family Medical Leave Act, a covered employee may file suit in a federal or state court with competent jurisdiction to hear the FMLA claims. That means an employee with FMLA claims can certainly file those FMLA claims in Texas state courts. Rules governing which Texas state courts have jurisdiction

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Nurse fired for not praying the Rosary with patient and loses religious discrimination suit

That’s right. The federal Fifth Circuit Court of Appeals recently decided in Nobach v. Woodland Village Nursing Center, Inc. that a Jehovah’s Witness who refused to pray the Rosary with a Catholic patient and was fired for her refusal failed to prove her religious discrimination claim. Nursing home activities aide Nobach was asked to pray

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