Marriages that begin before the age of 23 are most likely to end up in divorce. Of marriages beginning when the spouses were under twenty, 48% will end in divorce. For those beginning in the ages 20-23, 31% will end in divorce. Statistics also indicate that the average length of a person’s first divorce is […]
5 Things You Need to Know about Divorce in Your 20s Read More »
Although diminished value claims are on the rise in Texas, insurance companies still feel like they are winning the war. Insurance claims adjusters know that for the majority of people the adjuster can take advantage of the claimant’s inexperience in dealing with insurance claims and personal injury litigation. Insurance claims adjusters have heard everything imaginable and
5 diminished value mistakes that will make the claims adjuster laugh at you Read More »
You request FMLA leave. Your employer requests medical certification. You provide it. Your employer approves your FMLA leave. You take leave. Then, while you are on FMLA leave, your employer is sending you requests for new medical certification? Can your employer do that? The answer is yes, under certain circumstances, your employer can request new
FMLA leave medical recertification: rules and regulations Read More »
Texas is no exception to companies hiring employees as “independent contractors” to skilled positions. Sometimes companies legitimately hire independent contractors to perform specific tasks that they cannot or prefer not to perform in-house. This combination of uses for independent contractors has led to an ever-growing subset of workers outside the traditional employer-employee relationship. The employer-independent contractor relationship
Texas non-compete agreements and independent contractors Read More »
One of the areas in which I help people in family law is with uncontested divorces. An uncontested divorce is a divorce in which the spouses have agreed on their own to divide the property and settled the child issues. The spouses are just looking for a family law attorney to take care of the
Dividing property and uncontested divorces in Texas Read More »
A question I receive to my Texas law firm is what shows up on an employer background check in Texas. Employers are increasingly performing background checks on job applicants in Texas. They look at both credit information and criminal backgrounds. There is considerable confusion about what employers can legally see in a background check in
Employer background checks in Texas: what do they show? Read More »
I often receive questions regarding Texas employees and when they should receive their final paycheck from their employer. In Texas, the law governing the timing of your final paycheck is the Texas Payday Law, which is similar to the federal Fair Labor Standards Act but includes some additional, state-specific rules for employee wages. Under the
Texas Payday Law and final paychecks Read More »
Diminished value claims are claims for the loss of market value in a vehicle after it experiences a car wreck. Diminished value is a subset of personal injury law that deals with car accidents. Insurance companies avoid paying on diminished value claims because they can add thousands to a claim. Sometimes insurance companies will tell
Texas diminished value claims and first party liability Read More »
Earlier in the year I wrote a post here about the dangers of holiday parties for employees. It’s that time of year when the holiday party/christmas party/whatever party happens. The holiday party can be a great opportunity for employees to embarrass themselves or injure their career. A former employer of mine used to throw a large
It’s that holiday party time again… Dallas employment attorney discusses the problems Read More »
This question is an extremely common question in divorce law. Hollywood wants you to believe the only way a divorce occurs is your spouse voluntarily agrees to “sign the papers”. Almost every show or movie involving a divorce has this situation where one spouse wants it and the other doesn’t; so as long as one spouse refuses to “sign
Does my spouse have to sign the divorce papers before I can get a divorce? Read More »
This week I fielded a question from a soon-to-be-retiree regarding her pension that I thought was worth sharing. Her employer offers a defined benefit pension plan, which she is fortunate enough to receive. Her employer’s pension plan offers the opportunity to receive benefits in the form of a single lump sum payment or various annuity
It’s your pension. Who is your financial adviser helping? Read More »
This Dallas employment retaliation case is best summed up in three letters: WTF? Not only are the facts of the case full of WTF; but the decision of our federal District of Northern Texas keeps up with the conduct of the alleged harassers. The lawsuit Royal v. CCC&R Tres Arboles, L.L.C. is a local Dallas decision on a significant legal
Dallas woman wins appeal on retaliation claim for complaining about sexual harassment Read More »
FMLA (Family and Medical Leave Act) medical leave is a huge source of employment litigation in Texas and around the nation. One of the major issues in FMLA leave and FMLA litigation is how the employer calculates eligibility for medical leave. FMLA protects medical leave for qualified medical conditions up to twelve weeks within a
FMLA and twelve month period for eligibility Read More »
If you believe you are being subjected to an illegal form of employment discrimination then you need to act quickly to preserve your claims. If you find that your workplace situation appears to fall into one or more of the types of prohibited discrimination then you should take the following steps: Dallas employment lawyer on employment discrimination
I think I am being discriminated against at work what should I do? Read More »
Seriously. This is a real story. New York father and attorney David E. Schorr is in the midst of what appears to be a very tense divorce. The McDonald’s-related events have resulted in a defamation suit against a psychologist in the ongoing divorce suit. I’ll summarize the facts briefly, what it has meant for the
Dad unfit because he would not take his kid to McDonald’s Read More »
This month the Supreme Court of the United States will hear oral arguments on Sandifer v. U.S. Steel Corp., coming out of the Seventh Circuit, dealing with the “changing clothes” language under Section 3(o) of the Fair Labor Standards Act. Sandifer deals with a group of steelworking employees who are required to put on protective
Sandifer v. U.S. Steel Corp. — FLSA Section 203(o) Read More »
Employers who want to thin the herd of highly paid, older employees often offer early retirement incentive packages that trade off an increased pension benefit or severance package in exchange for an employee agreeing to voluntarily retire early. Early retirement is typically offered to a large number of employees before the company decides to engage
Age Discrimination and Early Retirement Incentives Read More »
In the 1990s and early 2000s, a huge swath of employers added mandatory arbitration agreements to their employment applications and shoved arbitration agreement forms in front of their current employees. It was part of a larger push for arbitrating disputes with the idea that arbitration is cheaper than litigation. Over the past decade or so
The Danger of Ignoring Employment Arbitration Agreements in Texas Read More »
, next to perhaps the home. Regardless of the value in these retirement plans, 401k plans and pension plans, many couples mishandle these accounts in divorces. The result can be a substantial financial loss for one spouse, sometimes even for both. Today’s post will detail some of the most common ways people in Texas divorces mishandle
7 Ways You Are Mishandling Retirement Plans in Your Texas divorce Read More »
The Family and Medical Leave Act (FMLA) protects the right of employees to twelve weeks of medical leave in a twelve month period so long as the employee has worked 1,250 hours in the current or prior calendar year and the employee works at a work location in which the employer employs at least fifty
FMLA leave and exempt employees Read More »