Month: July 2013

If my spouse has a protective order against me but she invites me over can I go without getting arrested?

No. In Texas, protective orders can issue from family courts in divorce suits and child custody actions (suits affecting the parent-child relationship or SAPCR). In these cases, protective orders are commonly issued to prevent somebody from visiting or even being within a certain distance from another person. Typically they will be issued if there are …

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Employment discrimination still a widespread problem in Texas

The Equal Employment Opportunity Commission (EEOC), responsible for regulating against employment discrimination, reported several key cases in July 2013. EEOC’s reports discrimination in multiple forms, including: racial discrimination; sex discrimination; disability discrimination; religious discrimination; and age discrimination. Pro-employer groups continue to assert decreasing employment discrimination; but the ongoing anti-discrimination work of the EEOC and Texas …

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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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I have been in a car accident. What Should I do? What Shouldn’t I do?

If you have been in a car accident, an insurance company will become involved in settling claims. In Texas, the insurance companies have a strong lobby and the law often benefits them more than the drivers. Unless the accident was minor and the responsible driver offered to pay out of pocket, you will most likely …

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EEOC New Anti-Discrimination Enforcement Priorities

The Equal Employment Opportunity Commission (EEOC) released its new Strategic Enforcement Plan (SEP) this spring that includes six key anti-discrimination priorities that the agency will be focusing on through 2016. These new anti-discrimination enforcement priorities reflect the intent to increase litigation as both a deterrent effect on employers to increase their anti-discrimination policies to prevent …

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Should I be concerned about 401k fees?

401k fees have come into focus as one of many ways the financial services industry leeches money from the investors. That focus turned into litigation by participants against their plans (and plan service providers). Eventually the Department of Labor instituted fee disclosure rules that require plan service providers to break down fees charged to the …

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If I serve in the military what rights do I have to my civilian job?

In 1994, following the first war with Iraq, the federal government enacted the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) to protect the civilian jobs of uniformed service members. The purpose of this law is to protect service members who perform both short term service, such as reservists who commit a weekend …

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Retirement Plan Participant Disclosures

By now you received fee disclosure statements on your 401k, ESOP, 403(b) and profit sharing plans. These fee disclosure statements, known as 404a5 Participant Disclosures, ensure these retirement plans provide plan participants with a minimum amount of information about the fees charged by plan investments and fees paid by the plan (often from those investment fees) …

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Bedford Texas Attorney on: How long will it take to settle an injury claim?

Most personal injuries, such as car accidents and premises injury claims involve an insurance company to settle an injury claim. In Fort Worth or Dallas, a claim may settle with the adjuster or the insurer may hire local Bedford, Texas lawyers. The time and complexity involved in settling an injury claim or suit depends upon the injuries, the …

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If I am harassed at work, what should I do? Dallas employment lawyer

In Texas, it is illegal for an employer to create a hostile work environment, or workplace harassment, on the basis of sex/gender, race, religion, age (over 40), qualified disability, national origin, ethnicity, or status as a current or veteran military service member. Discrimination laws prohibit more than just sexual harassment. Harassment leads to a hostile …

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How accurate are online accident claim calculators?

You can find websites with online accident claim calculators and formulas to calculate the potential value of your accident claim. Some websites just give you the standard formula typically used by insurance companies while more advanced websites actually give you a calculator where you can put in your injury, medical bills and other losses and …

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