Month: March 2015

Texas leads in age discrimination complaints

A Time magazine article published on February 16, 2015 discussed the falling numbers of EEOC age discrimination charges. It points out Texas leads in age discrimination complaints with 9.2% of all age discrimination complaints filed with the EEOC. The article suggests the incremental reduction in age discrimination complaints each year since the economy collapsed strongly suggests …

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What is an expunction / What is an expungement in Texas?

Under the Texas code of criminal procedure, an individual arrested for an alleged crime that did not result in a conviction or deferred adjudication generally can have the arrest record expunged from public records. This process is called expunction although many people refer to it as expungement. It is the same thing. The purpose of expunging …

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Should I get an arrest record expunged in Texas?

In Texas you can request certain criminal records are destroyed or expunged in what is called an expunction (or sometimes misspelled as expungement). An expunction orders public agencies, such as police departments, courts and the Department of Public Safety, to destroy records. The expunction will also order private entities that house and report this information …

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Texas law on employer’s vacation policy

Here in Texas our labor and employment laws generally cut in favor of employers over employees. Texas law surrounding an employer’s vacation policy is no exception. Employees are often surprised by employer restrictions on vacation use and issues involving whether unused vacation must be paid out when an employee leaves. Due to differences among state …

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The Kielich Law Firm Podcast Episode #4: Background checks, Expunctions and Nondisclosure Orders in Texas

Today’s post contains episode four of my legal podcast. This episode deals with the issues of employment background checks and how expunctions and nondisclosure orders can scrub out certain criminal records from those background checks. The majority of employers conduct background checks and certain occupations and professional licenses require background checks. In today’s job market …

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5 key retirement plan issues in a Texas divorce

In many divorces a major source of assets considered in the property division includes employer sponsored retirement plans and accounts like IRAs funded by prior retirement plans. These retirement plans can house significant financial resources. The parties to a Dallas or Fort Worth divorce may want to conserve them for retirement, may need to spend …

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March 2015 Dallas and Fort Worth Legal News Roundup in Texas (updated 2021)

As an employment attorney and divorce lawyer in Texas it is important to stay on top of developing legal issues in our area. Here is some north Texas legal news from the past couple weeks: Texas Attorney General bleats “legal chaos” if same-sex marriage is not deemed void. Last month an Austin state judge declared the …

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Is a background check ruining your employment opportunities in Texas?

Right now the job market is an employer’s market with an excess of applicants wanting jobs and promotions. This excess of job applicants allows employers to be exceptionally selective about hiring decisions. Even small defects in an applicant’s profile can make a difference in receiving a job offer. Relatively insignificant criminal records like public intoxication can …

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Transgender Employees and Restrooms in Texas: Dallas sex discrimination lawyer reviews the issues

This week the media reported on a story regarding a transgender woman and a confrontation at a Planet Fitness location. (You can read the HuffPo story or the Fox News story.) Member Yvette Cormier complained at her local Planet Fitness that a transgender individual was in the women’s locker room. The company has a non-discrimination …

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Does my employer have to give me breaks and lunches in Dallas or Fort Worth, Texas?

Neither federal or Texas law requires employers to give employees rest or meal breaks for most employees; but there are certain exceptions under the law. There are a number of misconceptions floating around. Insisting your employer owes you a break without legal entitlement could put your job at risk. Common incorrect beliefs include the belief employees …

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