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Can I use FMLA for normal sick days in Texas? Fort Worth employment lawyer explains

With cold weather setting in its time for flu, colds and other short term illnesses and sick days from work. With cold weather comes calls to my Bedford law office from employees looking to protect their jobs while on leave. Some employers do not have a sick leave policy that allows the employees to take sick leave for minor illnesses. Other people work at an employer with sick leave but the employee exhausted leave under the employer's sick leave policy. These conversations normally turn to the employee asking whether FMLA leave is available for short term leave. In most cases FMLA will...

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Can my employer disagree with my doctor’s FMLA certification in Texas?

Under the Family Medical Leave Act (FMLA), eligible employees of covered employers can request up to twelve weeks of medical leave within a one year period for a serious medical condition of the employee or a family member as well as the birth or adoption of the employee's child. When the employee requests FMLA leave for a serious medical condition, the employer can request certification of the medical condition. Employers can request information about the medical condition, the need for leave, contact information for the physician among other facts. Employers may reject the certification or require additional information in limited circumstances and through specific procedures. When...

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Dividing IRAs in a Dallas or Fort Worth Divorce

As a Fort Worth divorce lawyer, I have written about dividing employer-sponsored retirement plans in a divorce through a qualified domestic relations order, or QDRO. These benefit plans are not the only retirement assets to divide in a Texas divorce. Individual Retirement Accounts, or IRAs, are also divisible in a divorce. A key misconception by many suffering through a divorce and some family law attorneys including dividing an IRA in a divorce like an employer-sponsored retirement plan. That is incorrect. An IRA and an employer's retirement plan like a 401k or defined benefit pension follow different rules in a divorce in Texas. Today's post will discuss how an...

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Podcast Ep. 3: Social Media and Litigation in Texas

Episode three of The Kielich Law Firm Podcast is up on YouTube. This episode covers the subject of social media and litigation. Social media is pervasive in our society. People dump an enormous amount of information into their social media accounts. This information is hard to take back. It can be a tremendous weapon in litigation, whether it is a divorce, an employment suit, a personal injury suit, or other employment claims brought in litigation in a Texas court. This podcast episode will highlight some of the ways social media is used in litigation. Social media and employment attorneys in Dallas...

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Travel Pay for the Traveling Employee in Fort Worth and Dallas, Texas with Dallas unpaid wages lawyer

Working a job that regularly involves traveling is tough work. The very nature of the traveling requires you to disconnect from home and family. It's an especially difficult for those with families. It's not just the long hours, it's the frequent, complete disconnect from your home. I do not travel much for work but my wife regularly travels as part of her relationship management position. It wears on her although she is very good at her job and her clients like her. Although I do not have first hand experience I have a close view of the effects of a...

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Should I talk to an attorney before I go to the EEOC in Texas?

If you believe you are the victim of employment discrimination then in most cases you need to file a complaint with the EEOC or Texas Workforce Commission Civil Rights Division. This complaint is known as a charge of discrimination. A charge of discrimination invokes the agency's power to investigate your claims. If they find probable cause the agency may assist you with asserting your rights against the employer. Should I hire a Fort Worth or Dallas employment attorney first? People considering filing a charge of discrimination often wonder whether they should talk to an employment attorney before talking to the EEOC or TWC....

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Constructive Discharge and Supervisor Conduct in Texas: Fort Worth retaliation lawyer

When an employee claims an employer created a hostile work environment that resulted in a prohibited form of unlawful employment discrimination the employee must prove, among other things, that the employee suffered an adverse employment action. It is not enough that the employer was hostile towards the employee or that the employee found the workplace unpleasant. The employee must show the employer took some action that was adverse to the employee's continued employment. (The standard is somewhat different in hostile work environment claims where the employee claims co-workers harassed the employee.) Constructive discharge in hostile work environment claims in Texas Sometimes, however, the...

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AT&T Pension Benefits and QDROs in a Texas divorce with Dallas QDRO lawyer Adam Kielich

Many large and longstanding employers, like AT&T, General Motors, Hewlitt Packard and Bank of America, have defined benefit pension plans that offer retirement benefits more complicated in their benefit formula than a 401k plan where the participant receives the vested benefit on the distribution date. These defined benefit plans determine benefits out of a combination of service years, compensation and a variety of other factors. These benefits can be substantial and among the property divided in a divorce. Dividing these retirement benefits requires a special court order known as a qualified domestic relations order, or QDRO. A QDRO describes the method to divide the...

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My spouse doesn’t want a Texas divorce but I do. What can I do? Bedford divorce lawyer explains

This is a fairly common question I receive at my Bedford, Texas law office from potential divorcees who feel trapped by their spouse because the spouse is adamant about remaining in the marriage for one reason or the other. At fault divorces in Tarrant County, Texas Once upon a time in Texas a divorce could only occur for very specific reasons. The spouse pursuing divorce had to allege and prove one or more of these reasons to obtain a divorce. If the party could not prove the alleged reason for divorce then the marriage remained. This approach to Texas divorce continues to exist...

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How to prepare for family court in Tarrant County, Texas

The majority of my family law practice is in Tarrant County where I assist clients with divorces, child custody, child support, modifications and enforcements. I spend a lot of time in the Tarrant County Family Courts and that gives me opportunities to see how a lot of people appear and behave in the courthouse and courtrooms. Although the family court judges in Tarrant County are generally fair-minded, there is a lot of information they can glean from you and your claims based upon your appearance and behavior. The last thing you want is to spend money on court costs and...

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