Do I have to sign that? A Texas employee’s dilemma.

From application to terminationĀ an employeeĀ often faces documents that an employer wants the employee to sign. These documents may be job applications, employee policy statements, authorizations to perform background checks, acknowledgements of receipts of policy documents, benefits paperwork disciplinary documents, acknowledgements of terminations, severance agreements, waivers of rights or claims against the employer and so on. […]

Do I have to sign that? A Texas employee’s dilemma. Read More Ā»

Can I record video and audio at my workplace in Texas?

On March 3, 1991 a Los Angeles man led California Highway Patrol and later Los Angeles police on a high speed chase that ended in the driver and his passengers trapped in a corner. The passengers surrendered and an altercation occurred between the Los Angeles police officers and the driver. The driver, Rodney King, was

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What is an expunction / What is an expungement in Texas?

Under the Texas code of criminal procedure, an individual arrested for an alleged crime that did not result in a conviction or deferred adjudication generally canĀ have the arrest record expunged from public records. This process is called expunction although many people refer to it as expungement. It is the same thing. The purpose of expunging

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Should I get an arrest record expunged in Texas?

In Texas you can request certain criminal records are destroyed or expunged in what is called an expunction (or sometimes misspelled as expungement). An expunction orders public agencies, such as police departments, courts and the Department of Public Safety, to destroy records. The expunction will also order private entities that house and report this information

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Texas law on employer’s vacation policy

Here in Texas our labor and employment laws generally cut in favor of employers over employees. Texas law surrounding an employer’s vacation policy is no exception. Employees are often surprised by employer restrictions on vacation use and issues involving whether unused vacation must be paid out when an employee leaves. Due to differences among state

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5 key retirement plan issues in a Texas divorce

In many divorces a major source of assets considered in the property division includes employer sponsored retirement plans and accounts like IRAs funded by prior retirement plans. These retirement plans can house significant financial resources. The parties to a Dallas or Fort Worth divorce may want to conserve them for retirement, may need to spend

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March 2015 Dallas and Fort Worth Legal News Roundup in Texas (updated 2021)

As a Dallas employment lawyer and divorce lawyer in Texas it is important to stay on top of developing legal issues in our area. Here is some north Texas legal news from the past couple weeks: Texas Attorney General bleats “legal chaos” if same-sex marriage is not deemed void. Last month an Austin state judge declared

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Is a background check ruining your employment opportunities in Texas?

Right now the job market is an employer’s market with an excess of applicants wanting jobs and promotions. This excess of job applicants allows employers to be exceptionally selective about hiring decisions. Even small defects in an applicant’s profile can make a difference in receiving a job offer. Relatively insignificant criminal records like public intoxication can

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Does my employer have to give me breaks and lunches under Texas labor laws?

Neither federal or Texas labor laws requires employers to give employees rest or meal breaks for most employees; but there are certain exceptions under the law. There are a number of misconceptions floating around. Insisting your employer owes you a break without legal entitlement could put your job at risk. Common incorrect beliefs include the

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10 Issues That Will Make Your Texas Divorce More Expensive

Divorce attorneys like myself help clients with divorces and post-divorce actions like enforcement, contempt and modification primarily in Texas. In such a large metropolitan area my clients range in family size, financial assets, post-divorce needs, property ownership and other issues related to their divorce. These divorces can range for very reasonable for clients, particularly with

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Can you count on the EEOC to file a lawsuit for you in Texas? Fort Worth employment lawyer discusses

The Equal Employment Opportunity Commission (EEOC) released its 2014 performance report recently with some disappointing results about how charges of discrimination (the employment discrimination complaints filed with the EEOC) resolve. Of the 88,778 private sector charges filed the EEOC “resolved” 87,442 of those charges. That does not mean a favorable result occurred for the charging

Can you count on the EEOC to file a lawsuit for you in Texas? Fort Worth employment lawyer discusses Read More Ā»

When to start thinking about a QDRO in your Texas divorce

When I draft QDROs in a Texas divorce, one of the parties hires meĀ to draft the QDRO after the judge signs the divorce decree. This is usually not the most efficient or productive method to deal with the QDRO. It is far better to start thinking about the QDRO early in the divorce. Many of

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What happens when somebody evades service in a Texas divorce?

Under the U.S. and Texas constitutions, all people receiveĀ due process. Among due process is the opportunity for awarenessĀ of claims brought against you in a court of law. To satisfy due process, the federal and Texas rules of civil procedure require a party sued to receive service of process. Lawyers generally take care of this process

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Can my employer disagree with my doctor’s FMLA certification?

Under the Family and Medical Leave Act (FMLA), eligible employees of covered employers canĀ request up to twelve weeks of medical leave within a one year period for a serious medical condition of the employee or a family member as well as the birth or adoption of the employee’s child. When the employee requests FMLA leave

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Dividing IRAs in a Dallas or Fort Worth Divorce

As a Texas divorce lawyer, I have written about dividing employer-sponsored retirement plans in a divorce through a qualified domestic relations order, or QDRO. These benefit plans are not the only retirement assets to divideĀ in a Texas divorce. Individual Retirement Accounts, or IRAs, are also divisibleĀ in a divorce.Ā A key misconception by many suffering through a

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