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When the insurance company says they don’t pay diminished value claims: Texas employment lawyer

A common statement I hear at my law firm about Texas diminished value claims is the insurance company insists they will not pay diminished value claims. In fact, this is probably the #1 statement I hear from people looking for help settling their diminished value claim. Insurance companies are experts in defending against car wreck claims. They will use every trick to deprive you of the value for the injury and your car. Insurers in Texas know without an attorney you are less likely to take the right steps to defend your claim. After all, they are large businesses who have entire departments who...

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How insurance companies calculate diminished value claims by Dallas labor lawyer Adam Kielich

Most insurance companies use a diminished value calculation known as "17c". This diminished value calculation was developed by Infinity Insurance and first implemented in a court by State Farm in a Georgia lawsuit in which State Farm submitted this calculation method as a way to calculate diminished value. The court in that case (Mabry v. State Farm) approved its use--in that case--and as a result of the low value produced by the formula, most insurance companies have adopted it or a close variant. (The name 17c comes from the place where the formula was described by the court: paragraph 17...

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Maternity leave rights in Texas: Fort Worth medical leave lawyer discusses

A common question for Texas employees is, "what rights do I have to maternity leave"? Under Texas law, employees have limited rights to maternity leave. Texas state law does not increase maternity leave rights beyond the rights protected under federal law. The rights to maternity leave come from the Pregnancy Discrimination Act and the Family Medical Leave Act (FMLA). Under very specific situations the Americans with Disabilities Act can apply when medical complications arise. Beyond these laws, employees will only have rights based on what the employer offers under its own policies. Pregnancy Discrimination Act and Maternity Leave in Texas The Pregnancy Discrimination...

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Dallas disability discrimination lawyer on Morbid Obesity: An ADA Disability

When Congress passed the ADA Amendments Act (ADAAA) in 2008, many said it would open the floodgates. Everything could become a disability. That hasn't proven entirely true; but the ADAAA certainly expanded the scope of disabilities covered under the Americans with Disabilities Act. One issue is whether obesity qualifies as a disability under the ADA or ADAAA. The federal courts seem to agree with the Equal Employment Opportunity Commission (EEOC) that obesity is not a disability; but severe or morbid obesity is. The ADA definition of disability and obesity Under the ADA a disability is a physical or mental impairment that substantially limits one...

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Should I get a prenup in Texas? Fort Worth prenup lawyer explains

The Texas Family Code allows parties to enter into a prenuptial agreement, or prenup, before marriage. It makes those agreements enforceable so long as they meet the requirements set out in the Texas Family Code. A prenup in Texas is an agreement between two people prior to entering into marriage that contractually determines property issues. A prenuptial agreement stays in effect during the marriage. In the event of divorce, it will govern property treatment during the divorce. The prenuptial agreement can also govern issues during a divorce, such as spousal support or alimony. Whether you should get a prenup depends on...

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Same race discrimination is prohibited under Title VII in Texas

In a federal case in New York under Title VII, a federal jury awarded a black employee $30,000 in punitive damages and $250,000 in compensatory damages for racial discrimination in the workplace perpetrated by a black supervisor. According to plaintiff, the black supervisor referred to plaintiff, also a black woman, as a "nigger" eight times. The plaintiff asserted a hostile work environment or harassment claim against the employer for this use of derogatory, racist language. The defense lobbed a bad argument to defend the employer and the jury deflected it like a bad Romo pass. [caption id="" align="aligncenter" width="400"] Yeah but...

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Employment Discrimination slide show presentation: Dallas employment attorney

This is a brief power point presentation about employment discrimination under Texas and federal law. The information in the power point presentation is a very high level overview. Employment discrimination is a complex area of law. There are many sub-rules and exceptions to rules that do not appear. You can obtain more information about each area of employment discrimination discussed on my website. At some point in the near future, when I am not busily working for my clients, I intend on recording a narrated video version of the presentation and putting that either directly on this website or shoving...

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Getting your Texas diminished value claim paid by small insurers

Getting in contact with insurance companies to file any claim can be a nightmare. Figuring out the right number to call to file  a claim can be a challenge. Especially when the policy comes from a small insurance broker who sells policies issued by an entirely different insurer. By the time you reach somebody who can work your claim you may have talked to many people. You may not really have an idea who you are talking to. When you try to file a diminished value claim (discussed in this four part series in earlier blog posts one, two, three and four)...

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Tipped employees not making minimum wage in Dallas or Fort Worth

Major news outlets today are covering today's strikes by fast food workers demanding higher pay. Although those workers demand an increase in the minimum wage, there are other food service workers subject to minimum wage laws that often do not receive minimum wage, even at today's legal minimum wage rate: tipped employees. Tipped employees receive pay in a unique manner. Rather than receiving all wages, they receive a blend of money from their employer and directly from customers. Although tipped employees in Texas receive most pay from tips, employers are still responsible for ensuring employees receive minimum wage. Unfortunately, many employers take advantage of...

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