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What if my employer violates FMLA? Dallas FMLA lawyer explains

The Family and Medical Leave Act (FMLA) protects the rights of employees, who work at employers with fifty or more employees, to job protection for unpaid leave up to twelve weeks in a twelve month period for the birth and care of a newborn, adoption of a child, to care for the employee’s spouse, the employee’s children and parent, who has a serious condition, the employee’s own health when a serious medical condition impairs the employee’s ability to perform the essential functions of the job and a couple very specific situations involving service in the military. FMLA leave almost always requires...

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What is HIPAA and how does it affect my employment? Dallas employment lawyer

HIPAA is the Health Insurance Portability and Accountability Act of 1996. HIPAA’s most important aspect for consumers and employees is its privacy protection. HIPAA protects your medical records and other personal data from unauthorized disclosure by covered entities. Although employers may not count as covered entities the rules applying to covered entities affects them. The health information covered by HIPAA includes information that relates to you specifically and protects you from unauthorized disclosure whether it is in electronic, paper or oral format. It protects: health care claims; documentation of doctor visits and notes by doctors and their staff; health care payments;...

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What is the difference between no-fault divorce and fault divorce in Texas? Fort Worth divorce lawyers

In Texas, you can ask for a divorce for specific reasons of some marital problem (fault divorce) or generalized reasons that the marriage isn’t working (no-fault divorce). This division in divorce in Texas is historical but continues to provide some legal benefit in certain circumstances. Depending on the facts of your case and what you seek to accomplish with your divorce – aside from the obvious dissolution of marriage – it can be advantageous to file a no-fault or fault divorce in Texas. Divorce in Bedford, Dallas and Fort Worth, Texas Historically, most states only granted divorce for very specific reasons. In...

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I am a homebrewer, can I sell my homebrew/beer/wine/mead/cider/etc.?

As a fellow homebrewer, unfortunately I have to tell you the answer is no, unless you obtain professional brewing licenses and sell beer from a commercial brewery or brewpub. There are a lot of misunderstandings about what you can do with your homebrew. Each state has its own laws for how much you can make and where you can take it, etc. Federal law permits a household to produce 200 gallons of homemade alcoholic beverages (but no distilling). Beyond that you must pay excise taxes and obtain professional licenses. Federal law permits sharing homebrew beyond the household for organized tastings, competitions and the like....

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Transgender employment discrimination in Texas–Dallas sex discrimination lawyer

Transgender people are part of the LGBTQI community but when discussing employment discrimination, transgendered employees are treated very differently. In Texas, sexual orientation is not protected against employment discrimination by federal or state law. Only a handful of cities in Texas have passed ordinances that prohibit sexual orientation as a motivation for employment discrimination. Transgender-based discrimination is different. It is not associated with sexual orientation but rather with the transgender employee's acceptance of traditional gender roles. Gender discrimination in employment is prohibited by federal, state and even some municipality law. Today's post will discuss the basis for gender-based employment protections and...

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EEOC misses on criminal background check discrimination lawsuit–Dallas employment discrimination lawyer Adam Kielich explains

Last month I blogged about the EEOC's new employment discrimination priorities, including the EEOC's focus on criminal background checks. The EEOC argues criminal background checks of job applicants results in an illegal, discriminatory employment practice. EEOC suggests there is a discriminatory impact on minorities when criminal background checks are not a job necessity. The EEOC made it a policy goal to bring litigation to nudge the courts into making law. In its first major battle, the EEOC swung and missed. In a case filed in 2009 against Freeman Companies the EEOC alleged the company made use of credit checks and criminal background checks to...

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What is moral turpitude under Texas state law? Dallas and Fort Worth employment lawyer answers

Moral turpitude is an old legal term that simply means depraved or immoral. It most commonly includes particular crimes, as in crimes of moral turpitude. The phrase has mostly been abandoned as we transitioned away from a moral-based legal system to a rights-based legal system. Crimes of moral turpitude are crimes of depravity. These include crimes of fraud, reckless behavior or creating an unjustified risk to the life and safety of others. Employment lawyers in Texas help clients with these issues in employment law settings. Contract issues with moral turpitude in Texas This phrase often makes its way into employment contracts as a condition...

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What is a wrongful termination or wrongful discharge in Texas employment law?

In Texas we have a very limited interpretation of wrongful termination or wrongful discharge. Texas recognizes only a handful of reasons your termination creates a wrongful discharge or wrongful termination claim. The term “wrongful termination” or “wrongful discharge” include the reasons below. Refusing to engage in a criminal act on behalf of the employer. In these cases, known as Sabine Pilot cases, the employer commands the employee to do something illegal, the employee refuses and then loses her job. It’s a bad idea to force employees to choose between their job and jail so employers cannot discharge employees for refusing to do something illegal....

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What happens in a personal injury lawsuit? Fort Worth lawyer explains

A personal injury lawsuit in Texas is definitely not a fast process in most cases and depends upon the particular facts and even which county the injury occurred in. The speed a case can go to trial in Tarrant County can be different from Dallas County. However, the process is typically similar. Your first step should be to contact a personal injury lawyer in your area. Personal injury lawsuits in Texas The next step is to make a demand to the party that caused your injury. We will present a written explanation of your injuries and how much we would be willing to...

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Tenth Circuit opines a writing is not automatically proof of discrimination–Dallas employment lawyer explains

In Anderson v. Cato Corp. the plaintiff Cynthia Anderson alleged Cato Corporation discharged her by discriminating against her for pregnancy. Anderson was a part time employee of Cato who became pregnant. As the pregnancy progressed she came to a point where her doctor ordered her to extended bed rest. As a part-time employee, she was not entitled to a leave of absence or FMLA leave. Cato had a policy of terminating part-time employees who need extended leave. Then it would hire them back after the worker could return to work. After her discharge, Anderson asked her managers to provide a letter stating the termination...

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