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Child Support Beyond the Guidelines in Tarrant County, Texas

In family courts in the Dallas and Fort Worth area we see a wide variety of child support orders. If you didn't know better you might think judges come up with these orders out of thin air. Child support orders are actually carefully crafted against a specific set of guidelines under the Texas Family Code. Divorce attorneys and other family law attorneys calculate child support under the guidelines. We also consider whether the guidelines may not provide the child support order in the best interests of the child or children involved in the divorce or other custody lawsuit. The Texas Family...

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In Loco Parentis FMLA Leave — What is it? Dallas FMLA lawyer answers

In loco parentis sounds like it means "crazy parent". It is a Latin phrase that means "standing in the place of a parent". It's a legal doctrine in FMLA leave regulations. For FMLA leave the in loco parentis doctrine allows employees to take leave to care for an individual who has a parent-child relationship with the employee but is not biologically a parent or child of the employee. This can be extremely important for modern family structures where children may be raised by grandparents or other family members. In these families the need for leave to care for a family member is no different from...

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Texas Open Carry Law and Your Employment in Dallas and Fort Worth, Texas

On January 1, 2016 the new open carry law goes into effect across Texas. You may have seen coverage of the open carry protests around Arlington, Fort Worth, Dallas and other cities. Much of that coverage was over people openly carrying assault rifles. The new open carry law does not change the status of long guns, rather it extends the rights to carry handguns. Although the open carry law is not explicitly an employment issue it will affect most employees in Texas because most workplaces will becomes subject to open carry rights in addition to existing handgun possession rights in...

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What is negligent hiring? Answered by a Fort Worth employment attorney

Negligent hiring is a claim against a business for an injury caused by the company's failure to properly investigate its employees for fitness to perform the employee's job duties and that failure resulted in the employee causing the plaintiff harm in the course of the employee performing his or her job duties. There is a lot to unpack in that explanation and we will work through that in today's post. Negligent hiring is a personal injury claim against an employer for a bodily injury caused by an employee. The injury may arise from the employee's own negligence or the employee's intentional bad acts. At...

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Collecting a judgment for unpaid child support under Texas law

The Texas Constitution and Texas Property Code set out powerful protections for Texans against creditors. For the average person these protections prevents most creditors from attaching property to satisfy a judgment on a debt. This protects the homestead and a significant amount of personal property in Bedford and Fort Worth. Property may be foreclosed to satisfy a debt when the debt is secured against specific property. The Texas Family Code, however, sets out an even more powerful weapon to satisfy a judgment for unpaid child support. Today's post will discuss this weapon and how it compares to the normal protections...

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Watch Out for These 8 Holiday Employment Issues with Fort Worth sexual harassment lawyer

The holiday season brings plenty of good times and festivities. It also brings along a lot of potential problems for employers and their employees when employers fail to respect their employees' time and beliefs. Sometimes this happens because an employer has a particular religious belief or on the other hand does not share a particular religious belief. Other times it happens because the employer goes overboard with trying to be cautious about religion in the workplace and oversteps the law. And of course we can't forget all the problems that arise with company parties and the social lubrication of alcohol. Today's...

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Fort Worth QDRO Attorney on the 10% Early Withdrawal Penalty

QDROs are a powerful tool in the property division in a Dallas or Fort Worth divorce. They allow a party to receive part of an employee's retirement plan benefits (such as a 401k or defined benefit pension). Under the federal law that governs private retirement plans (ERISA) an employer generally may not take away or give part of an employee's accrued benefit to another person. (This is known as ERISA's anti-cutback rule.) The exception is for a qualified domestic relations order (QDRO) that awards a portion of the employee's benefit to a spouse, former spouse, child or other dependent of the plan...

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

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 and overlap. Employers often get this issue wrong because they are unaware of ADA reasonable accommodation rules or do not understand that the ADA may apply to FMLA leave requests. HR departments may not be staffed with employees who thoroughly understand FMLA and ADA rights. They...

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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 an analysis of the legal issues in a claim before a factfinder adjudicates the facts. In an employment discrimination suit alleging disparate treatment (different treatment on the basis of a protected trait), the plaintiff's claim of disparate treatment is typically reviewed on summary judgment under...

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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 parents who require a license to do their jobs it puts their employment at risk. That in turn makes it even more likely that the parent will struggle to pay child support in the future. This is among the many reasons why a child support...

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