, next to perhaps the home. Regardless of the value in these retirement plans, 401k plans and pension plans, many couples mishandle these accounts in divorces. The result can be a substantial financial loss for one spouse, sometimes even for both. Today’s post will detail some of the most common ways people in Texas divorces mishandle […]
7 Ways You Are Mishandling Retirement Plans in Your Texas divorce Read More »
The Family and Medical Leave Act (FMLA) protects the right of employees to twelve weeks of medical leave in a twelve month period so long as the employee has worked 1,250 hours in the current or prior calendar year and the employee works at a work location in which the employer employs at least fifty
FMLA leave and exempt employees Read More »
You worked for decades at an employer, retired and began receiving your defined benefit pension from your employer. You have planned your finances around your pension payments, social security and other sources of retirement savings. Then a letter shows up from the pension administrator. No, it isn’t your monthly check. It isn’t a spare check,
Pension overpayments / pension recovery: Dallas pension lawyers Read More »
FMLA (Family Medical Leave Act) issues represents a substantial portion of the employment law work I perform for clients. FMLA claims are common due to employer mismanagement or misunderstanding of FMLA duties. Even large, Fortune 500 employers fail to properly administer FMLA leave. The employee seeking FMLA leave may suffer discrimination, harassment, interference with FMLA
FMLA D.O.L. complaints and lawsuits Read More »
The significance of Mediated Settlement Agreements (MSA) in Texas divorce cases has been reinforced by the recent opinion of the Texas Supreme Court in the case of In re Stephanie Lee. This ruling clarifies that family courts cannot refuse to accept an MSA solely because the judge believes it may not be in the best
At the heart of a lot of age discrimination cases under the federal ADEA and state-level Texas Labor Code is an employer trying to modernize the business and employs age stereotypes to justify eliminating older workers. Employers in these cases want a “youthful appearance” or “faster” or “more energetic” or “more tech savvy” workforce. They
Is “workforce modernization” code for age discrimination at work? Read More »
The fluctuating work week is perhaps the least understood subject in wage law under the Fair Labor Standards Act. It is so misunderstood that even federal judges in Texas don’t understand it. The Fifth Circuit rejected the improper application of the fluctuating work week by the Northern District of Texas in Dallas in Black v.
Fluctuating Work Week FLSA calculations Read More »
Texas and federal discrimination law prohibit only certain types of employment discrimination. An employee may file a charge of discrimination or lawsuit on employment discrimination only for a trait protected by law. If your employer takes action against your job or compensation then you must show the employer did so because you have a protected trait. The traits
When can I sue for employment discrimination? Read More »
I was down in Cleburne, Texas this morning for a hearing on behalf of a client and decided to check out the scene of Cleburne’s most famous (or infamous) location, the property at the heart of the Supreme Court case City of Cleburne v. Cleburne Living Center. To very briefly explain the facts, in 1980
City of Cleburne v. Cleburne Living Center Read More »
As I discussed in a prior blog post and this page about property division, Texas is a community property state. Simply put, the majority of property acquired during a marriage is community property. That community property is jointly owned by both spouses. Under the Texas Family Code, community property is subject to a just and
Fort Worth divorce lawyer explains the presumption of community property Read More »
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
Employment discrimination and job reinstatement Read More »
Among the top concerns in any Texas divorce is the issue of financial cost. It’s not just the cost of hiring lawyers but the costs of all the mechanics of a Texas divorce, including filing fees with the Family Court, appraisals, retrieving financial records, expert testimony and so forth. Admittedly, the cost of attorneys represents the
Ways to resolve Fort Worth contested divorces Read More »