I’ve written in the past about 401k fees and how they can cripple your retirement savings. For as many problems as those 401k fees can cause they often pale in comparison to the fees retirees will pay after they rollover and transfer their funds to an IRA. A Bloomberg article from June 17, 2014 discusses […]
401k and Pension Rollover Abuse Read More »
Employment lawyers like myself deal with my fair share of FMLA cases for clients. Among those FMLA claims I see employers violate FMLA often because the employer was ignorant of FMLA regulations or had serious misconceptions about FMLA. I also get plenty of calls from employees who believe their employer violated FMLA but the employee
5 FMLA Myths You Might Believe Read More »
When a Texas family court issues a custody order in a divorce with children or child custody case the court makes decisions based upon the facts of the family at that time. As parents start living separate lives and children grow older their lives change and sometimes that requires revisiting the original court order. If
Six Risks in Child Custody Modification Lawsuits in Texas Read More »
Last Wednesday I was at the Dallas County Family Courts helping a client wrap up an uncontested divorce. The early morning court sessions are typically open to what are called “prove ups” in which parties present testimony on uncontested issues (such as name changes, uncontested divorce decree signing, etc.) and the judge grants the orders
What it takes to get an uncontested divorce on your own in Texas Read More »
Yes, you read that correctly. Three Boeing employees transformed their work uniform into makeshift KKK uniforms and lost their jobs. Then they filed suit for race discrimination because their African American coworker did not lose his. Yes, you read that correctly, too. This is the backdrop for Barker v. The Boeing Company, filed in Pennsylvania.
Dress up like the KKK and sue for race discrimination Read More »
The Americans with Disabilities Act and the Texas Labor Code require an employer to provide a reasonable accommodation to a qualified employee to assist the employee in performing the essential functions of the employee’s job and/or access the workplace. These federal and state laws require employers to engage the employee in an interactive process to
Does an ADA accommodation have to be the one an employee wants? Read More »
I’m going to tell you something many people would find shocking. Although I offer uncontested divorces in Dallas and Fort Worth, I don’t believe everybody needs a lawyer for uncontested divorce. Seriously. You can get an uncontested divorce in Texas without a divorce lawyer. People do it every day. There are basic forms available online that
7 Surprising Reasons Why You Might Want a Lawyer for your Uncontested Divorce Read More »
Wednesday on east loop 820 in Fort Worth, Texas near Lancaster Avenue, a highway car accident occurred in which a truck carrying part of a modular home crashed into the Lancaster Avenue bridge causing damage to the modular home and another vehicle on the Fort Worth freeway. A passenger in the other vehicle was airlifted to
East Loop 820 Wreck in Fort Worth involving truck carrying modular home Read More »
An article published today by Ignites discusses the annoying habits of coworkers according to a poll of mutual fund employees. Although we’re not all mutual fund employees, the habits pointed out in the survey are the annoying habits you find across all industries. The worst of the worst was loud phone conversations. A lot of
Coworkers and Their Annoying Habits in the Workplace Read More »
I am a skeptic of Employee Stock Ownership Plans because they create unique financial risks to employees. The ESOP industry, unsurprisingly, takes issue with my position; but it’s hard to take their position seriously in light of cases like today’s appellate decision from the Seventh Circuit. Certainly I would agree that some ESOP plans are well-managed and
New case illustrates risk of ESOP mismanagement Read More »
While traveling in San Francisco on business I took an opportunity to snap a picture of the St. Francis Hotel, now the Westin St. Francis Hotel, at Union Square. This hotel has a famous reputation among law students, much like this house in Cleburne, Texas. Most law students learn the law using the same set of
Larson v. St. Francis Hotel — a famous case about a falling chair Read More »
If the calls and emails coming into my office are any indication then there is a growing problem with unpaid wages, minimum wage violations, minimum wage tip violations and unpaid overtime pay here in Texas. I am getting a lot of contacts from people with unpaid wages. The Fair Labor Standards Act and the Texas
Dallas and Fort Worth, Texas unpaid wage claims and attorney fees Read More »
In a car accident you often have two kinds of injuries: (1) bodily injury and (2) property damage. Property damage is often straightforward: your car suffered damage and needs repairs. The other driver’s insurance company typically will take care of repairs to the physical damage (but not always); although they may be aggressive in denying diminished value
Thinking about settling a car accident claim? Read More »
“Divorce Corp.” is a documentary released in late 2013, narrated by radio and television personality Dr. Drew, that focuses on addressing the issue of the cost and time involved in divorce. From its initial publicity campaign it positioned itself as a hatchet piece on the judicial process. I finally got around to obtaining a copy.
“Divorce Corp” Review by a Divorce Attorney Read More »
Retirement accounts like pensions, 401ks, ESOPs and other employer-sponsored retirement plans are often divided in a divorce. The property award goes into the divorce decree or incorporates into the decree through a settlement agreement. That is not the end of the process to divide those retirement accounts in a Texas divorce. A separate order orders the
Retirement account divided in a Texas divorce without a QDRO Read More »
Let’s consider two workplace scenarios: Employee is an alcoholic and comes to work drunk. Employer fires employee. Legal? Employee is an alcoholic and seeks time off from work to enter a rehab program. Employer fires employee. Legal? The answers under the Americans with Disabilities Act and the Texas Labor Code (which includes similar anti-disability discrimination
Alcoholism and the Americans with Disabilities Act Read More »
If you filed a charge of discrimination with the Texas Workforce Commission related to employment discrimination then at some point you are likely to receive a Dismissal Notice and Notice of Right to File a Civil Action. Often the reason selected in the notice will be: “The TWCCRD issues the following determination: Based upon its
Dismissal Notice and Notice of Right to File a Civil Action Read More »
I’ve written in the past about employee background checks and the laws that pertain to them here in Texas, particularly with regard to criminal background checks. Employment background checks in Fort Worth and Dallas are a big issue because right now it’s an employer’s labor market and even the slightest issue in a background check can
A peek into employment background checks from the employer’s perspective Read More »
As a plaintiff’s lawyer I hear a lot of the support “tort reform” nonsense that goes around. Tort reform sounds nice. It sounds like an honest effort to eliminate abuse of the legal system. Who can’t get on board with that? I’d like to rid abuse of the legal system. The problem is tort reform
Tort Reform Garbage: “Judicial Hellholes” Read More »
As somebody who spent a decade working in employee benefits and now practices employee benefits law, I have an understanding of the employee benefits industry. When I saw WFAA in Dallas covering a report about retirement savings I couldn’t pass up the opportunity to fact-check. Predictably, the piece mixes a little truth with a lot of
Dissecting fact and fiction from a recent report on retirement savings Read More »