Adam Kielich

EEOC hits Dunkin Donuts franchise for $330k in sexual harassment suit

Employment Litigation Attorneys, Retaliation Law, Sex Discrimination Law

Last week the EEOC settled  a Title VII sexual harassment and retaliation suit against multiple Dunkin Donuts franchises. The $330,000 settlement, which covers multiple employees, includes a multi-year training and oversight provision to avoid similar events in the future. The EEOC press release describes the events alleged in the lawsuit as follows: Hillcrest Marshall violated federal law by […]

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Texas Employment Attorney’s 10 Signs You Should Not Take That Job

Employee rights lawyer, Hiring & Promotion, Wrongful Termination Law

In a tough job market it’s always difficult to turn down a job but sometimes the company culture is so toxic or the boss is so insufferable that it’s more harmful to your health and career than the benefit of the paycheck. Of course, that’s an easy thing to say when you have a paycheck.

Texas Employment Attorney’s 10 Signs You Should Not Take That Job Read More »

Should my Fort Worth divorce decree identify my financial accounts and debts in Texas?

Divorce Law, Property Division Attorneys, Uncontested Divorce Attorneys

Drafting divorce decrees and other legal documents is an art form. It requires understanding what the law requires. One must also know the balance between what may appear and what should appear. The answers may not be a black and white issue. There may be competing concerns and what is right is often a judgment

Should my Fort Worth divorce decree identify my financial accounts and debts in Texas? Read More »

Employees must engage interactive process in good faith for ADA failure to accommodate claims in Texas

Disability Discrimination Law, Employee rights lawyer, Employment Litigation Attorneys

ADA (Americans with Disabilities Act) and the Texas Labor Code require employers to provide reasonable accommodations to employees with qualified disabilities. A reasonable accommodation allows a disabled employees equal access to the workplace and allow them to perform the essential functions of their jobs. Many employers refuse to provide any reasonable accommodation. This results in a failure

Employees must engage interactive process in good faith for ADA failure to accommodate claims in Texas Read More »

Bedford Divorce Attorney on Issues in an Uncontested Divorce

Divorce Law, Uncontested Divorce Attorneys

An uncontested divorce is a divorce in which the parties have reached an agreement on the issues involved in the divorce. Sometimes problems arise in an uncontested divorce when the parties have agreed to some of the terms involved in the divorce but not all. These will resolve themselves if the spouses can agree on the remaining

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Why is there a 10% early withdrawal penalty to cash out a 401k?

Employee rights lawyer, Employment Benefits Law, Retirement Plan/401k/Pension

Before becoming an employment attorney I worked for one of the largest (maybe the largest) provider of 401k services. We provided various investment, customer service and recordkeeping services for 401k plans. Most people who call for information about their 401k plans will end up talking to my former employer or one of their competitors. Most

Why is there a 10% early withdrawal penalty to cash out a 401k? Read More »

Fort Worth Uncontested Divorce and Prioritizing the Children

Child Custody Law, Divorce Law, Uncontested Divorce Attorneys

Uncontested divorce typically means the spouses agreed to the issues in the divorce rather than have the court decide how to divide property and how to address child issues–custody and child support. In the uncontested divorce the spouses have made decisions about the co-parenting relationship after the divorce. It can be easy in an uncontested divorce to

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Can you get a beer on intermittent FMLA? Court says yes.

Employee rights lawyer, Employment Litigation Attorneys

Intermittent FMLA has always been and probably always will be a contentious issue between employer and employee. Employers often have negative attitudes about intermittent FMLA leave centered largely around self-serving beliefs that employees abuse the legally protected leave rights and do not really need the time off from work. Certainly some employees do abuse FMLA but

Can you get a beer on intermittent FMLA? Court says yes. Read More »

Can you sue your financial adviser under the DTPA in Texas?

Consumer Law Attorneys

Disputes with financial advisers are common, particularly in periods of economic decline and volatility. When things are good most people do not carefully watch what their financial adviser or broker is doing. When things turn south people look to their financial advisers to help them out and problems are uncovered. Sometimes the complaints about financial

Can you sue your financial adviser under the DTPA in Texas? Read More »

What is a volunteer under Texas employment law?

Employee rights lawyer, Employment Litigation Attorneys, Hiring & Promotion, Wage & Hour Lawyers

Most people understand volunteering means giving away free labor, often to a charity or other non-profit organization. However, sometimes Texas for-profit businesses seek “volunteers” as a way of receiving unpaid labor or an employer requires its employees to volunteer time for a charitable or civic cause. What about these situations? The Department of Labor has

What is a volunteer under Texas employment law? Read More »

Supreme Court of Texas Smacks Down Tarrant County District Clerk on Indigent Fees

Uncontested Divorce Attorneys

After six months of contemplation, the Supreme Court of Texas issued its opinion in Campbell v. Wilder in which it helped out our local District Clerk understand that zero equals zero. The Supreme Court of Texas instructed the Tarrant County District Clerk in Fort Worth, Texas to stop its policy of abusing poor people in

Supreme Court of Texas Smacks Down Tarrant County District Clerk on Indigent Fees Read More »

What retirement plans can be divided by a QDRO in a Texas divorce?

Divorce Law, Property Division Attorneys, Retirement Plan/401k/Pension, Uncontested Divorce Attorneys

QDROs–qualified domestic relations orders–are special court orders that divide certain types of employer-sponsored retirement plans as either part of the property division in a divorce, to pay child support, or to pay spousal support. Retirement plans that require a QDRO do so because a state or federal law requires this type of order to lawfully

What retirement plans can be divided by a QDRO in a Texas divorce? Read More »

Texas Supreme Court to hear TCHRA preemption case

Employment Litigation Attorneys, Sex Discrimination Law

The Texas Supreme Court has accepted a case out of the Dallas Court of Appeals that will give the state’s highest court the opportunity to expand or narrow its preemption doctrine on employment discrimination claims brought under Texas law. In 2009 the Texas Supreme Court rendered its opinion in Waffle House v. Williams that held

Texas Supreme Court to hear TCHRA preemption case Read More »

What are restraining orders and protective orders in a Texas divorce?

Divorce Law, Protective orders and Temporary Orders Attorneys, Uncontested Divorce Attorneys

Family legal issues, including divorce and child custody, are emotional issues that sometimes drive people to cause harm to others. Domestic violence may occur before, during, or even after a divorce or child custody case. The Texas Family Code provides restraining orders and other protections against domestic violence in divorces. These protections can be temporary or

What are restraining orders and protective orders in a Texas divorce? Read More »

Difference between attorney and lawyer

Divorce Law, Employment Litigation Attorneys, Uncontested Divorce Attorneys, Wrongful Termination Law

People often used the term lawyer and attorney interchangeably in the United States to denote people who work as legal professionals. Most do so without giving much thought as to why our profession has two labels for the same legal job. These terms have slightly different meanings. (And not just because lawyer jokes tend to

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Enforcing child support with child support liens and QDROs in Texas

Child Custody Law, Divorce Law, Retirement Plan/401k/Pension, Uncontested Divorce Attorneys

Unpaid child support is a serious problems for many families where the child support may be the difference between keeping food on the table or lights on in the home. Enforcing child support in court can be a challenge when the child support obligor hides money, dodges process servers, or does not have the income

Enforcing child support with child support liens and QDROs in Texas Read More »

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