In many divorces a major source of assets considered in the property division includes employer sponsored retirement plans and accounts like IRAs funded by prior retirement plans. These retirement plans can house significant financial resources. The parties to a Dallas or Fort Worth divorce may want to conserve them for retirement, may need to spend […]
5 key retirement plan issues in a Texas divorce Read More »
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
Is a background check ruining your employment opportunities in Texas? Read More »
This week the media reported on a story regarding a transgender woman and a confrontation at a Planet Fitness location. (You can read the HuffPo story or the Fox News story.) Member Yvette Cormier complained at her local Planet Fitness that a transgender individual was in the women’s locker room. The company has a non-discrimination
Transgender Employees and Restrooms in Texas Read More »
Neither federal or Texas labor laws requires employers to give employees rest or meal breaks for most employees; but there are certain exceptions under the law. There are a number of misconceptions floating around. Insisting your employer owes you a break without legal entitlement could put your job at risk. Common incorrect beliefs include the
Does my employer have to give me breaks and lunches under Texas labor laws? Read More »
Divorce attorneys like myself help clients with divorces and post-divorce actions like enforcement, contempt and modification primarily in Texas. In such a large metropolitan area my clients range in family size, financial assets, post-divorce needs, property ownership and other issues related to their divorce. These divorces can range for very reasonable for clients, particularly with
10 Issues That Will Make Your Texas Divorce More Expensive Read More »
The Equal Employment Opportunity Commission (EEOC) released its 2014 performance report recently with some disappointing results about how charges of discrimination (the employment discrimination complaints filed with the EEOC) resolve. Of the 88,778 private sector charges filed the EEOC “resolved” 87,442 of those charges. That does not mean a favorable result occurred for the charging
When I draft QDROs in a Texas divorce, one of the parties hires me to draft the QDRO after the judge signs the divorce decree. This is usually not the most efficient or productive method to deal with the QDRO. It is far better to start thinking about the QDRO early in the divorce. Many of
When to start thinking about a QDRO in your Texas divorce Read More »
With cold weather setting in its time for flu, colds and other short term illnesses and sick days from work. 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
Can I use FMLA for normal sick days in Texas? Read More »
Under the Family and 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
Can my employer disagree with my doctor’s FMLA certification? Read More »
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. In addition to the struggles of traveling, there is also
Travel Pay for the Traveling Employee in Texas Read More »
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
Should I talk to an attorney before I go to the EEOC in Texas? Read More »
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.
Constructive Discharge and Supervisor Conduct in Texas: Fort Worth retaliation lawyer Read More »
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
AT&T Pension Benefits and QDROs in a Texas divorce Read More »
One issue dividing retirement accounts in a Texas divorce is whether the division is on shared interest or separate interest. This issue is technical and can be a confusing aspect of dividing retirement plans in a divorce. Often this issue arises when the parties are determining the final language of the divorce decree and the
Shared Interest vs. Separate Interest in a QDRO Read More »
A round of news articles published last week regarding a study conducted by Florida Atlantic University regarding what is called “vocal fry” and how it affects the perception of women in the employment context. If you’re not familiar with the term vocal fry, it’s the speech pattern by some women in which they talk in a
Vocal Fry makes women less hirable. Is that employment discrimination? Read More »
It’s that time of year where employers throw Halloween parties and accept employees wearing Halloween costumes in the workplace. Halloween is a fun way to play dress up and pretend; but it’s also a really good way to create lasting problems in the workplace. Attorney Robin Shea writes about Halloween-related employment problems from the employer’s
Halloween in the workplace? Keep yourself out of trouble Read More »
You may remember a few years ago there was a big kerfuffle about a Fidelity Investments employee in the North Texas who was fired for allegedly discussing fantasy football at work under an anti-gambling policy. Arguments were had whether fantasy football is gambling and whether it was fair that the employee was fired. It went
Can you be fired for playing fantasy football at work in Texas? Read More »
I get a LOT of calls and emails to my Texas law office from people who left their employer and the employer refuses to pay the former employee’s final paycheck. It’s inexcusable for employers to think that just because they no longer have to rely on the employee for continued work that they don’t have
Employer won’t pay your last paycheck in Texas? Read More »
Military pensions, or military retirement, is a complex and tedious part of a Texas divorce. Generally, dividing retirement plans in divorces can be complex legal and financial undertakings; but military pensions carry unique functions that affect how they fit into a divorce in Texas. What works in one divorce may not be remotely close to the
Military retirement and Texas divorces Read More »
Yes, under section 107 of the Family Medical Leave Act, a covered employee may file suit in a federal or state court with competent jurisdiction to hear the FMLA claims. That means an employee with FMLA claims can certainly file those FMLA claims in Texas state courts. Rules governing which Texas state courts have jurisdiction
Can I file an FMLA lawsuit in Texas state courts? Read More »