Texas employment lawyers Tag

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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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Differences between racial discrimination claims under Title VII and Section 1981: Dallas racial discrimination lawyer explains

Employment discrimination claims under Texas and federal law often require sorting through a web of statutory and administrative requirements. Many employment laws overlap. A set of facts of a Dallas or Fort Worth employee may provide several claims for employment discrimination due to the overlap. Maneuvering the overlap and setting up an employee for the best employment discrimination claims is an important part of a Fort Worth and Dallas Texas employment lawyer's work. One type of employment discrimination with a high degree of overlap is racial discrimination. Race-based discrimination is prohibited under both federal and Texas law. (Sometimes local law as...

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Severance and Texas unemployment benefits: Can I take both? Fort Worth unpaid wages lawyer explains

Dallas and Fort Worth employees often question the relationship between severance pay and unemployment benefits through the Texas Workforce Commission. Workers often think if they accept severance pay they are automatically ineligible for unemployment benefits in Texas. That is incorrect. The terms of the severance agreement determine whether you can receive severance and unemployment pay in Texas. Basic rules for Texas Workforce Commission unemployment benefits and severance pay Unemployment benefits from the Texas Workforce Commission are available to Dallas and Fort Worth employees who lost their job through no fault of their own. This includes reductions in force (layoffs), termination without misconduct...

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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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5 diminished value claims mistakes that will make the claims adjuster laugh at you: Texas lawyers

Although diminished value claims are on the rise in Texas, insurance companies still feel like they are winning the war. Insurance claims adjusters know that for the majority of people the adjuster can take advantage of the claimant's inexperience in dealing with insurance claims and personal injury litigation. If you are new to diminished value claims, start by reviewing my introduction to Texas laws for diminished value claims. (Part 1, Part 2, Part 3, Part 4). Insurance claims adjusters have heard everything imaginable and they know all of the tricks to frustrate, manipulate and stall claimants. They know as long as you...

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Dallas employment lawyers: Employment discrimination and job reinstatement

Often Dallas and Fort Worth employees who are victims of employment discrimination lose their jobs through either the employer's direct efforts to terminate the employee or by the employer's indirect efforts to harass the employee until he or she feels like there is no choice but to quit (this is known as constructive termination). In most cases, employees discriminated against in a Texas workplace do not want to return. However, occasionally some employees want to return. Today's post will discuss the basics behind reinstatement as a remedy for employment discrimination in Dallas and Fort Worth. Why an employee might want reinstatement as...

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I am a homebrewer, can I sell my homebrew/beer/wine/mead/cider/etc.?

As a fellow homebrewer, unfortunately I have to tell you the answer is no, unless you obtain professional brewing licenses and sell beer from a commercial brewery or brewpub. There are a lot of misunderstandings about what you can do with your homebrew. Each state has its own laws for how much you can make and where you can take it, etc. Federal law permits a household to produce 200 gallons of homemade alcoholic beverages (but no distilling). Beyond that you must pay excise taxes and obtain professional licenses. Federal law permits sharing homebrew beyond the household for organized tastings, competitions and the like....

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EEOC misses on criminal background check discrimination lawsuit–Dallas employment discrimination lawyer Adam Kielich explains

Last month I blogged about the EEOC's new employment discrimination priorities, including the EEOC's focus on criminal background checks. The EEOC argues criminal background checks of job applicants results in an illegal, discriminatory employment practice. EEOC suggests there is a discriminatory impact on minorities when criminal background checks are not a job necessity. The EEOC made it a policy goal to bring litigation to nudge the courts into making law. In its first major battle, the EEOC swung and missed. In a case filed in 2009 against Freeman Companies the EEOC alleged the company made use of credit checks and criminal background checks to...

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Can my employer change the 401k plan or make an exception for me?

Generally, no. The federal regulations that govern 401k plans require that 401k plans do not discriminate against employees. Plans must have uniform rules and the rules must apply in a uniform manner. For example, if your plan permits hardship withdrawals it must establish specific rules for those distributions. Plans can establish some variances in rules across different business units, but once the rules become effective they cannot change without amending the entire plan. In order to make an exception or change the rules, the plan has change for everybody. Even when a 401k plan desires to make a change, changes often require amending...

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