Texas employment lawyers

Dallas employment attorneys with free consultations?

Dallas employment lawyers sometimes offer free consultations in their Dallas, Texas law firms. Most of the well-known employment attorneys in Dallas and Fort Worth do not offer free consultations. They may charge a fee of $75-300. Some lawyers offer free consultations but these may be personal injury lawyers or other trial attorneys who take on …

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Differences between racial discrimination claims under Title VII and Section 1981: Texas racial discrimination lawyer explains

Employment discrimination claims under Texas and federal law often require sorting through a web of statutory and administrative requirements. Many employment laws overlap. A set of facts of a Texas employee may provide several claims for employment discrimination due to the overlap. Maneuvering the overlap and setting up an employee for the best employment discrimination …

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Severance and Texas unemployment benefits: Can I take both?

Texas employees often question the relationship between severance pay and unemployment benefits through the Texas Workforce Commission. Workers often think if they accept severance pay they are automatically ineligible for unemployment benefits in Texas. That is incorrect. The terms of the severance agreement determine whether you can receive severance and unemployment pay in Texas. Basic …

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The McDonnell Douglas burden shifting framework: Texas employment attorney explains

Employment discrimination lawsuits are complex suits due to the intense focus on the facts and law involved. Many employment discrimination cases never make it trial because they fail to survive summary judgement. (Or because they settle at some point before trial.) In the journey of litigating an employment discrimination claim many reach summary judgment. Summary judgment is …

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5 diminished value claims mistakes that will make the claims adjuster laugh at you: Texas lawyers

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. If you are new to diminished value claims, …

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Employment discrimination and job reinstatement

Often Texas employees who are victims of employment discrimination lose their jobs through either the employer’s direct efforts to terminate the employee or by the employer’s indirect efforts to harass the employee until he or she feels like there is no choice but to quit (this is known as constructive termination). In most cases, employees …

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I am a homebrewer, can I sell my homebrew/beer/wine/mead/cider/etc.?

As a fellow homebrewer, unfortunately I have to tell you the answer is no, unless you obtain professional brewing licenses and sell beer from a commercial brewery or brewpub. There are a lot of misunderstandings about what you can do with your homebrew. Each state has its own laws for how much you can make and where you …

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EEOC misses on criminal background check discrimination lawsuit

Last month I blogged about the EEOC’s new employment discrimination priorities, including the EEOC’s focus on criminal background checks. The EEOC argues criminal background checks of job applicants results in an illegal, discriminatory employment practice. EEOC suggests there is a discriminatory impact on minorities when criminal background checks are not a job necessity. The EEOC made it a …

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Should I rely on my financial advisor or Texas attorney for estate planning?

Generally no. While working in the financial services industry I had the opportunity to learn a lot about investing and risk assessment. One really important lesson learned: financial services is all sales. Selling stocks, selling annuities, selling retirement plans, selling trusts, etc. The business model is straightforward: get clients in the door, bring in their assets and …

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Can my employer change the 401k plan or make an exception for me?

Generally, no. The federal regulations that govern 401k plans require that 401k plans do not discriminate against employees. Plans must have uniform rules and the rules must apply in a uniform manner. For example, if your plan permits hardship withdrawals it must establish specific rules for those distributions. Plans can establish some variances in rules across …

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