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7 Ways You Are Mishandling Retirement Plans in Your Tarrant County Divorce: Bedford divorce lawyer

, 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 their retirement plans. The best way to protect your retirement assets is with the help of a divorce lawyer who understands retirement plans. 1. Ignoring retirement assets in a divorce in Fort Worth, Texas I hear often people about to divorce decided not to bother with dividing the...

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FMLA leave and exempt employees: Dallas FMLA attorney explains

The Family 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 employee in a seventy-five mile radius of the employee's work location. FMLA leave is a growing source of employment claims due to: the complexity of FMLA requirements; its interaction with the Americans with Disabilities Act; its interaction with workers compensation; and employer unwillingness to grant medical...

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Pension overpayments / pension recovery: Dallas pension lawyers

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, either. It's a letter stating that the plan miscalculated your benefits, they should have paid you less. They need you to pay it back or they will reduce your monthly payments to recover the pension overpayment. This scenario is unfortunately a growing trend in Texas and around...

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FMLA D.O.L. complaints and lawsuits: Dallas FMLA lawyer

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 rights, or an outright denial of rights. The employee has the option of filing a complaint with the Department of Labor, filing a private lawsuit, or both. Today's post will discuss some of the differences between those options. Department of Labor FMLA complaint in Texas Under FMLA,...

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Fort Worth divorce lawyer: Family court cannot refuse mediated settlement agreement over best interests of a child

The Texas Supreme Court issued its opinion In re Stephanie Lee. This addressed whether a family court can refuse a mediated settlement agreement when the judge does not believe it is in the children's best interest. The court held a judge may not reject an MSA believing it is not in the child's best interest. This ruling strengthens the authority of mediated settlement agreements in a Texas divorce. If you face a divorce or custody lawsuit it may be worth considering using an MSA to craft a custody agreement. What is a mediated settlement agreement? A mediated settlement agreement is a settlement agreement in a divorce reached with...

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Fluctuating Work Week FLSA calculations in Dallas and Fort Worth, Texas

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. SettlePou, P.C.. In Black, the Dallas district judge misapplied the fluctuating work week in an unpaid overtime case. An employee, misclassified by her employer as exempt, was shortchanged on overtime pay. The appellate court instructed the district court to use the regular overtime pay calculation instead. Ok,...

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When can I sue for employment discrimination? Fort Worth labor lawyer explains

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 protected under federal and Texas law include race, ethnicity, national origin, disability, sex, gender, religion and age. The law also protects certain employee acts from employment discrimination. These include reporting discrimination internally or externally, participating in an investigation of discrimination, filing a wage claim for unpaid wages,...

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City of Cleburne v. Cleburne Living Center: Fort Worth disability discrimination lawyer

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 the Cleburne Living Center sought to lease a four bedroom home in Cleburne as a living center for thirteen mentally challenged patients who would live under the care of permanent, on-premises staff. Cleburne notified Cleburne Living Center (CLC) that the city required a special use permit...

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Dallas employment lawyers: Employment discrimination and job reinstatement

Often Dallas and Fort Worth 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 discriminated against in a Texas workplace do not want to return. However, occasionally some employees want to return. Today's post will discuss the basics behind reinstatement as a remedy for employment discrimination in Dallas and Fort Worth. Why an employee might want reinstatement as...

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Ways to resolve Fort Worth contested divorces: Tarrant County family law attorney

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 majority of the cost of litigating a Texas divorce; but that is because litigation involves an enormous amount of preparation and time. As a result, many people understandably prefer to avoid costly litigation of their Texas divorce. It's not a good option for most people. It...

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