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Wrongful termination

Hiring a Dallas employment attorney for FMLA claims

FMLA, the Family Medical Leave Act, is an important piece of legislation to protect an employee's right to medical leave at many employers. FMLA contains a range of technical requirements to ensure employers comply with the protected medical leave. When an employer fails to meet these technical requirements and abuses the employee for invoking FMLA the employee can run into problems. Employers retaliate and interfere with FMLA rights. This can result in demotions, pay cuts, loss of benefits, wrongful termination and other employment consequences. When this occurs, you should contact a Dallas employment attorney like Adam Kielich to help you...

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Can my employer fire me for doing what my manager told me to do?

Here's a tricky situation: you follow a specific instruction from your manager or a company policy. Then your employer fires you. Can this happen for following orders? Unfortunately, in most cases the answer: yes. Seems bizarre--and it is--but this is the nature of the at-will employment relationship. In an at-will employment relationship the employer can discipline an employee, up to termination, for a bad reason--even no reason at all. The employer can fire you for doing exactly what it instructed you to do. This is among the most glaring proof that the at-will employment relationship is a legal fiction. Texas law treats the at-will employment relationship...

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Just been fired? Apply for unemployment benefits in Texas

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 your employer believes it had a legitimate reason to fire you. The TWC has specific standards for awarding unemployment benefits. The employer's reason for terminating your employment may not meet those standards. Sometimes employers do not defend against an unemployment benefit application. You can receive benefits...

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What is voir dire in Texas?

Voir dire describes the process of questioning a witness or juror to determine the individual's background. Attorneys use it for: (1) jury selection and (2) assessing a witness's knowledge or expertise. Voir dire always occurs in the jury selection process. This is what most people think of when they hear voir dire. For example, if an employment attorney takes a wrongful termination lawsuit to trial, there will be voir dire of potential jurors before the trial. Voir Dire During Jury Selection in Texas Most people think of voir dire as a part of jury selection. You see it in legal TV shows and movies. This is the process...

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Dallas Employment Attorney’s 10 Signs You Should Not Take That Job

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. Many people go into bad jobs only to quickly find themselves wrongfully terminated or find the job insufferable. It's far better to identify those bad employment opportunities before you commit and forego other job opportunities. I worked a number of jobs before becoming an employment attorney and...

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Is Pokemon Go Putting Your Texas Job at Risk?

Over the weekend I was grocery shopping at my local Kroger. As I was loading my car I saw an employee wandering around the parking lot. I thought he was rounding up shopping carts. He got closer and I realized he was playing Pokemon Go. He was walking around face down in a parking lot in the dark, possibly on company time. This is not just teenagers. Adults make up a significant portion of the playing population. They engage in just as many risky behaviors while playing. I don't have kids and I'm a little too old to have gotten...

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Could Laremy Tunsil’s draft disaster happen to you at work in Texas?

Three months ago the nation stopped what it was doing for three weeks while the NFL draft chugged along. Laremy Tunsil from Ole Miss felt confident draft rumors were true that he was a lock for the first round. Rumor has it that the Ravens were primed to pick him up early in the round. Minutes before the beginning of the draft a bomb dropped on Tunsil. His Twitter and Instagram accounts were hacked and new content appeared. His Twitter account posted a picture allegedly of Tunsil wearing a gas mask attached to a bong. Tunsil's Instagram posted a picture of...

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Difference between attorney and lawyer in Dallas-Fort Worth

People often used the term lawyer and attorney interchangeably in the United States to denote people who work as legal professionals. Most do so without giving much thought as to why our profession has two labels for the same legal job. These terms have slightly different meanings. (And not just because lawyer jokes tend to use the word lawyer and not attorney.) You might also know other terms or phrases used to reference lawyers or attorneys such as counselor, solicitor, barrister, attorney at law, attorney and counselor or special counsel. In this country these terms generally have no specific legal meaning. At...

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Texas Open Carry Law and Your Employment in Dallas-Fort Worth

[caption id="attachment_3028" align="alignright" width="150"] Downtown Dallas from the west near interstate 35-E[/caption] On January 1, 2016 the new open carry law goes into effect across Texas. You may have seen coverage of the open carry protests around Arlington, Fort Worth, Dallas and other cities. Much of that coverage was over people openly carrying assault rifles. The new open carry law does not change the status of long guns, rather it extends the rights to carry handguns. Although the open carry law is not explicitly an employment issue it will affect most employees in Texas because most workplaces will becomes subject to...

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What is negligent hiring? Answered by a Fort Worth employment attorney

Negligent hiring is a claim against a business for an injury caused by the company's failure to properly investigate its employees for fitness to perform the employee's job duties and that failure resulted in the employee causing the plaintiff harm in the course of the employee performing his or her job duties. There is a lot to unpack in that explanation and we will work through that in today's post. Negligent hiring is a personal injury claim against an employer for a bodily injury caused by an employee. The injury may arise from the employee's own negligence or the employee's intentional bad acts. At...

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