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Expunging, Sealing and Nondisclosure Orders for Minor and Juvenile Criminal Records in Texas: Part 1

Background checks are becoming an increasingly common part of the application process for major aspects of our lives including employment, housing, credit cards, college admissions and professional licensing. This continues to be true despite efforts of civil rights agencies like the Equal Employment Opportunities Commission (EEOC) to push back on the broad use of criminal background checks. While I believe that certain criminal records can justifiably disqualify an individual from certain jobs, housing and so forth, the broad use of criminal records easily results in people going to the bottom of the pile over unrelated offenses, often even when the...

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Dallas Employment Attorney’s 10 Signs You Should Not Take That Job

In a tough job market it's always difficult to turn down a job but sometimes the company culture is so toxic or the boss is so insufferable that it's more harmful to your health and career than the benefit of the paycheck. Of course, that's an easy thing to say when you have a paycheck. Many people go into bad jobs only to quickly find themselves wrongfully terminated or find the job insufferable. It's far better to identify those bad employment opportunities before you commit and forego other job opportunities. I worked a number of jobs before becoming an employment attorney and...

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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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What is the statute of limitations to sue an employer in Texas? Fort Worth employment attorney explains

In Texas an employment lawsuit may arise under a combination of federal, state and local laws. This is true whether the lawsuit is for wrongful discharge, pay or benefits issues, discrimination, FMLA, or other employment claims. All forms of employment claims carry a limitations period. The statute of limitations is not universal for each of these claims. Technical procedural rules may determine the calculation of the statute of limitations to a particular employment claim. The best thing to do if you believe you have an employment claim is to contact an employment lawyer. Today's post will discuss some of the limitations periods for common employment claims. Wage/Pay/Compensation...

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Texas leads in age discrimination complaints: Dallas age discrimination lawyer

A Time magazine article published on February 16, 2015 discussed the falling numbers of EEOC age discrimination charges. It points out Texas leads in age discrimination complaints with 9.2% of all age discrimination complaints filed with the EEOC. The article suggests the incremental reduction in age discrimination complaints each year since the economy collapsed strongly suggests economic improvement. Even if we assume that the article's premise is true, we should be careful to confuse the larger trend with any meaningful suggestion that age discrimination on an individual basis is less likely to have occurred or that individual claims of age discrimination...

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What is an expunction / What is an expungement in Texas? Dallas employment attorney explains

Under the Texas code of criminal procedure, an individual arrested for an alleged crime that did not result in a conviction or deferred adjudication generally can have the arrest record expunged from public records. This process is called expunction although many people refer to it as expungement. It is the same thing. The purpose of expunging an arrest is to remove it from public records so future employers, landlords, lenders and other entities that you deal with cannot locate and use that information when making decisions to extend a job offer, enter into a lease and so forth. Expunging arrests from your...

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The Kielich Law Firm Podcast Episode #4: Background checks, Expunctions and Nondisclosure Orders in Texas

Today's post contains episode four of my legal podcast. This episode deals with the issues of employment background checks and how expunctions and nondisclosure orders can scrub out certain criminal records from those background checks. The majority of employers conduct background checks and certain occupations and professional licenses require background checks. In today's job market employers know any job opening will bring a huge number of job applicants and any legal reason to pass on an applicant will usually result in putting an application in the trash. Not all criminal records can be sealed or destroyed. If the opportunity is...

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Is a background check ruining your employment opportunities in Texas? Fort Worth labor lawyers

Right now the job market is an employer's market with an excess of applicants wanting jobs and promotions. This excess of job applicants allows employers to be exceptionally selective about hiring decisions. Even small defects in an applicant's profile can make a difference in receiving a job offer. Relatively insignificant criminal records like public intoxication can be enough to ruin a job opportunity. Even if the hiring manager loved you in the interview and you are well qualified for the job. With an estimated 92% of employers conducting background checks, there is an excellent probability that your background check will provide your...

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Behind the scenes with Target’s anti-union video: Dallas employment lawyer explains

Many large employers, particularly retailers, include anti-union information or videos as part of their new hire training process in an effort to prevent unions from gaining a foothold with workers. These videos have been around for a while in all their cheesy, disinformational glory. The National Labor Relations Act (NLRA) permits employers to share their views on unionization even if they oppose unionization. The NLRA permits employers to inform workers and explain certain things that can happen if the workers unionize; but employers cannot go so far as to threaten harm to a worker's job, such as threatening to close the work...

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Dallas employment lawyer: Social media and employment discrimination claims

A recent Pew Research poll indicates 73% of the U.S. population uses social media. It's out there. There are so many social media outlets to choose from it's difficult these days to find people not on multiple social media sites. Although Facebook may be suffering from a wave of withdrawal, other sites are maintaining their status or growing. Heck, even myspace is on the resurgence, particularly among teens. For employment lawyers, on both the employer and employee side, social media presents both opportunities and liabilities. Employment discrimination and social media It's a wealth of information available in litigation to learn details about a...

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