Month: November 2015

Can I take FMLA leave and leave under the ADA at the same time?

Sometimes an employee has a medical condition or disability that qualifies for FMLA leave and leave under the Americans with Disabilities Act (ADA) as a reasonable accommodation. The issue how to protect the employee’s job through protected leave under the ADA and FMLA is complicated. Each law provides a different set of rights to leave …

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Judicial Notice of Attorney General’s Child Support Payment Record in Tarrant County, Texas

Last month the Fourth Court of Appeals in San Antonio issued its ruling in IN THE INTEREST OF T.S.P., a Child in what should give family law attorneys around the state pause in their approach to child support enforcement actions. It is almost certain that a family law attorney in a motion for enforcement of …

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The McDonnell Douglas burden shifting framework: Dallas employment discrimination lawyer explains

Employment discrimination lawsuits are complex suits due to the intense focus on the facts and law involved. Many employment discrimination cases never make it trial because they fail to survive summary judgement. (Or because they settle at some point before trial.) In the journey of litigating an employment discrimination claim many reach summary judgment. Summary judgment is …

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Employers struggling to win pension overpayment cases against retirees

The late 2000s and early 2010s saw a growth in litigation over 401k fees by employee-side ERISA attorneys. These often attacked large employers and major plan recordkeepers who profit from the kickback scheme known as revenue sharing. We’re still not done with that wave of litigation but we’re seeing a similar rise in litigation for pension …

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Can my license be suspended for not paying child support in Texas?

Yes, absolutely. Under chapter 232 of the Texas Family Code any license issued by a Texas agency can be revoked or suspended for failure to pay child support including a driver’s license, professional licenses, commercial driver’s license, business licenses, hunting licenses, fishing licenses and concealed handgun licenses. This can be more than an inconvenience. For …

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Divorce attorney on real estate in an agreed divorce

Agreed divorces, often called uncontested divorces or no contest divorces, are divorces in which the parties have agreed to the major terms of the divorce. One of the major terms in many divorces is how to deal with the real estate owned between the spouses. In Texas approximately two-thirds of the population owns the home …

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Dividing retirement plans with a QDRO

Retirement plan benefits, like 401k accounts and pension benefits, are often divided in a Texas divorce as part of the property division. Retirement benefits often represent one of the largest assets in the marriage (along with the house and cars). Their division may play an important role in fairly dividing the marital property between the …

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