Does an ADA accommodation have to be the one an employee wants?

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 […]

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7 Surprising Reasons Why You Might Want a Lawyer for your Uncontested Divorce

I’m going to tell you something many people would find shocking. Although I offer uncontested divorces in Dallas and Fort Worth, I don’tĀ 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

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East Loop 820 Wreck in Fort Worth involving truck carrying modular home

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

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Coworkers and Their Annoying Habits in the Workplace

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

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New case illustrates risk of ESOP mismanagement

I amĀ a skeptic of Employee Stock Ownership PlansĀ 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

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Dallas and Fort Worth, Texas unpaid wage claims and attorney fees

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

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Thinking about settling a car accident claim?

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 needsĀ repairs. The other driver’s insurance company typically will takeĀ care of repairs to the physical damage (but not always); although they may be aggressive in denying diminished value

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Retirement account divided in a Texas divorce without a QDRO

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

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Alcoholism and the Americans with Disabilities Act

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

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Dismissal Notice and Notice of Right to File a Civil Action

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

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A peek into employment background checks from the employer’s perspective

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 checksĀ 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

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Tort Reform Garbage: “Judicial Hellholes”

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

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Dissecting fact and fiction from a recent report on retirement savings

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

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Behind the scenes with Target’s anti-union video

Many large employers, particularly retailers, include anti-union information or videos as part of their new hire training process in an effort to prevent unions from gaining a foothold with workers. These videos have been around for a while in all their cheesy, disinformational glory. The National Labor Relations Act (NLRA) permits employers to share their

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Sarbanes-Oxley retaliation claims apply to employees of contractors

Sarbanes-Oxley, passed in 2002 in the wake of the Enron disaster, includes a protection in Section 806 that employees of a publicly traded company from retaliation for whistleblowing on accounting fraud and other prohibited acts under Sarbanes-Oxley (SOX). In the past, most courts held that the employees of contractors to public companies did not enjoy

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5 Problems with 50/50 Custody in Texas Divorces

50/50 custody refers to custody arrangements outside of the standard possession order that split time evenly between the parents. This arrangement might work as alternating weeks or an alternating group of days. Although these arrangements are not the norm, they can be approved by a family court and sometimes work very well. If you believe

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Is it better to get an uncontested divorce or fight for what you deserve?

Uncontested divorce participants comment after the fact that they liked the idea of an uncontested divorce; but along the way there were some tense discussions that made them feel like because they chose an uncontested divorce they were stuck giving in to whatever demands their spouse wanted to prevent the divorce from becoming contested. Often

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Why insurance companies don’t care about your diminished value claim: Texas lawyer explains

I receive many calls and emails each week regarding diminished value claims. Almost every time, the story is the same. Although the other driverĀ caused the wreck, the insurance company refuses any discussion of a diminished value claim. The person might pursueĀ a few hundred dollars all the way up to tens of thousands of dollars. Regardless

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