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Employment Litigation

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EEOC employment lawyers busy this month on employment discrimination

EEOC lawyers have had a busy September starting and settling employment discrimination lawsuits. The EEOC accepts charges of employment discrimination in Fort Worth and Dallas at the Dallas, Texas office. Employment lawyers in Fort Worth and Dallas represent employees in these types of employment discrimination lawsuits. The following is just the listing of the EEOC activity reported in the last ten days. This is a large number of cases for the employment discrimination agency. Although these are not all Texas employment discrimination cases, they reflect the larger activities of the EEOC. A review of these employment discrimination lawsuits by the EEOC...

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Dallas employment lawyers with free consultations?

Dallas employment lawyers sometimes offer free consultations in their Dallas, Texas law firms. Most of the well-known employment attorneys in Dallas and Fort Worth do not offer free consultations. They may charge a fee of $75-300. Some lawyers offer free consultations but these may be personal injury lawyers or other trial attorneys who take on all types of cases. While many of these attorneys are excellent lawyers, they may not have expertise in employment law. Employment lawsuits like wrongful termination, employment discrimination and FMLA claims are very technical. Not having expertise as a Dallas employment lawyer can be harmful to...

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Are EEOC complaints confidential in Texas? Dallas employment lawyer explains

Employees suffering employment discrimination often worry about the effects of reporting employment discrimination to the EEOC. This is especially true for employees who still work at the job where discrimination occurs. Retaliation for complaining about employment discrimination is a real and serious concern. This concern may lead workers to not contact the EEOC or an employment lawyer in Dallas or Fort Worth who can investigate and take action to protect the employee from employment discrimination and retaliation. Today's post discusses how information shared with the EEOC (or the Texas Workforce Commission) is protected and what is shared with the employer. Initial...

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EEOC mediation and lawsuit settlement amounts in Dallas and Fort Worth, Texas

EEOC mediations and lawsuits often end in settlement of claims for employment discrimination in Dallas and Fort Worth, including wrongful termination. An important question for many employees filing employment discrimination claims with the EEOC is what they can expect in a settlement. Many employment discrimination complaints filed with the EEOC in Dallas settle either in mediation with the EEOC or after filing a lawsuit but before trial. Settlements at these two stages happen at critically different stages of an employment discrimination claim so their settlement values are, collectively, different. We will discuss the average EEOC mediation or lawsuit settlement averages...

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Just been fired? Apply for unemployment benefits in Texas

If you are fired (aka discharged, terminated) from your job then one of your first acts in almost all cases should be to apply for unemployment benefits. Applying for unemployment benefits through the Texas Workforce Commission is free so even if denied benefits you have only lost the time applying. This is true even if your employer believes it had a legitimate reason to fire you. The TWC has specific standards for awarding unemployment benefits. The employer's reason for terminating your employment may not meet those standards. Sometimes employers do not defend against an unemployment benefit application. You can receive benefits...

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Employees must engage interactive process in good faith for ADA failure to accommodate claims in Texas

ADA (Americans with Disabilities Act) and the Texas Labor Code require employers to provide reasonable accommodations to employees with qualified disabilities. A reasonable accommodation allows a disabled employees equal access to the workplace and allow them to perform the essential functions of their jobs. Many employers refuse to provide any reasonable accommodation. This results in a failure to accommodate claim under the ADA and Texas Labor Code. Under both federal and Texas law, employers are required to engage employees requesting a disability accommodation in good faith. Employers are also required to engage in an interactive process to determine the need for accommodation. Failing...

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What is a volunteer under Texas employment law?

Most people understand volunteering means giving away free labor, often to a charity or other non-profit organization. However, sometimes Dallas and Fort Worth for-profit businesses seek "volunteers" as a way of receiving unpaid labor or an employer requires its employees to volunteer time for a charitable or civic cause. What about these situations? The Department of Labor has developed regulations around the provisions of the Fair Labor Standards Act (FLSA) as they relate to volunteer work and address these issues. Generally Dallas-Fort Worth for-profit businesses cannot take on volunteers to obtain unpaid labor or require employees to volunteer for non-profit causes...

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Difference between attorney and lawyer in Dallas-Fort Worth

People often used the term lawyer and attorney interchangeably in the United States to denote people who work as legal professionals. Most do so without giving much thought as to why our profession has two labels for the same legal job. These terms have slightly different meanings. (And not just because lawyer jokes tend to use the word lawyer and not attorney.) You might also know other terms or phrases used to reference lawyers or attorneys such as counselor, solicitor, barrister, attorney at law, attorney and counselor or special counsel. In this country these terms generally have no specific legal meaning. At...

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7 Tips for Taking FMLA Leave — Fort Worth Employment Attorney

Most of my work with FMLA clients in Dallas, Arlington and Fort Worth involves helping them after they have sought FMLA leave and the employer has already violated their FMLA rights. As much as they need urgent help from an employment lawyer, it's equally as important that employees understand how to properly exercise their rights under FMLA to ensure the employee can take FMLA leave when needed. Much of the guidance available online regarding FMLA leave is written by management-side employment attorneys and management-side industry groups to help employers maneuver FMLA regulations and sometimes even to foil legitimate claims for FMLA leave....

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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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