If you are fired (aka discharged, terminated) from your job then one of your first acts in almost all cases should be to apply for unemployment benefits. Applying for unemployment benefits through the Texas Workforce Commission is free so even if denied benefits you have only lost the time applying. This is true even if […]
Just been fired? Apply for unemployment benefits in Texas Read More »
The past ten to fifteen years has given rise to a set of lawsuits against 401k plan administrators over excessive plan fees and revenue sharing agreements between plan administrators and recordkeepers. We are probably approaching the end of this wave of excessive fee litigation against for-profit employers for 401k plans. A new wave of excessive retirement
College Retirement Plans under Fire for Excessive Investment Fees Read More »
“Full custody” gets thrown around in the midst of a divorce with children or child custody case. Under the Texas Family Code the phrase “full custody” doesn’t exist. It’s not a legal term in Texas although it is a term people commonly use in a divorce or child custody case. Most people think of it
What is full custody under the Texas Family Code? Read More »
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
EEOC hits Dunkin Donuts franchise for $330k in sexual harassment suit Read More »
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 »
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 »
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
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
Bedford Divorce Attorney on Issues in an Uncontested Divorce Read More »
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 »
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
Fort Worth Uncontested Divorce and Prioritizing the Children Read More »
Many parents in a divorce are able to work out a custody schedule that balances time between the parents more fairly than the standard possession order. These schedules are often a 50/50 schedule with equal time between the parents or something similar. These arrangements are great when they work. They require a high level of
What happens when 50/50 custody fails in Texas? Read More »
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 »
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 »
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 »
Under the Texas Family Code a family court must order a possession schedule for parents when a suit for divorce with kids is granted or when the court issues an order in other child custody cases. The court order often will address other issues involving the children, such as conservator rights of the parents, child
What is visitation in a Texas Divorce? Read More »
Companies in Texas sell warranties to customers because they are a great source of income. They are a cash cow because the number of claims against the warranties are often low. Claims may even be covered by manufacturer warranties. Sometimes companies double dip against warranties by selling you one and then not covering claims. This
Business won’t honor warranty in Texas? Read More »
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 »
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 »
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 »
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 »