Month: August 2014

Nurse fired for not praying the Rosary with patient and loses religious discrimination suit

That’s right. The federal Fifth Circuit Court of Appeals recently decided in Nobach v. Woodland Village Nursing Center, Inc. that a Jehovah’s Witness who refused to pray the Rosary with a Catholic patient and was fired for her refusal failed to prove her religious discrimination claim. Nursing home activities aide Nobach was asked to pray …

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Planning for a QDRO in your Texas divorce

During the asset division in a Texas divorce, an employer-sponsored retirement plan may be subject to the property division. Texas follows the community property rules, which distinguishes between property acquired during the marriage as marital property (community property) from property acquired before the marriage or during the marriage as the individual’s property (separate property). Community …

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Frequent urinarion at work and disability discrimination in Texas

Frequent urination can be caused by a number of medical conditions. Frequent restroom breaks can cause problems with the employer who wants the employee to be at his or her work station during the work day. In addition to the physical discomfort, it can be emotionally uncomfortable as co-workers or managers make comments about the …

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Terminating a parent’s rights in Texas: The Financial Risks

One question I receive at my Bedford law office is how to terminate parental rights when a parent refuses involvement in a child’s life. The typical scenario is that after a divorce or a suit affecting the parent-child relationship (SAPCR) that established some visitation rights and child support obligations, the parent with visitation rights shortly after stopped involvement in …

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Social media can ruin your employment in Texas

In 2012 I had an article published in the National Law Review regarding social media and workplace harassment claims. In the article I discussed the different approaches courts take to whether they consider social media activity to be within the workplace or beyond the doors of the work site. For hostile work environment claims, it …

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Employee confidentiality agreements may violate the National Labor Relations Act in Texas

If you grew up in the 1980s or the first half of the 1990s you remember awesome Saturday morning cartoons. I’m pretty sure there’s still Saturday morning cartoons; but when I was a kid during this time period there was wall-to-wall cartoons from 6am until 11am. A few years they even ran until noon. It was …

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Valuing pain and suffering losses in Texas lawsuits

When I speak with potential clients for personal injury or employment law claims, such as wrongful termination or discharge, in Dallas and Fort Worth I often notice some uneasiness during the conversation when discussing making the client whole for non-physical losses like pain and suffering. Decades of insurance industry advertising has been very effective in …

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