Categories for Employment Law

Slips and falls in the workplace can almost always be prevented with some smart planning and safe forethought. Every year, millions of dollars are paid out as compensation for lawsuits and settlements involving injuries in the workplace that could have been prevented. If you’re a victim of an accident that happened at your place of employment, you should definitely seek both medical attention and legal...

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While you know what happened in the accident that caused your work injury and how it affected your life and your health, it’s important to understand that a judge or a jury needs documentation to understand what you know. The reason? They need to see all the records you have saved to get a bigger picture of what transpired and what someone’s negligence might have...

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If you’ve been in some sort of accident, whether it’s a work injury, a car accident or an incident at someone else’s business, you might have to spend time in a hospital or at home in bed, unable to work. When you’re not working, that means you can’t earn money, creating a financial hardship in addition to the physical one. Fears Nachawati is an Austin...

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Many work accident victims are reluctant to do much investigating into what their rights are, mostly because they’re worried about biting the hand that feeds them, so to speak. But in reality, they need to find out what can be done so that no other employee goes through something similar. That could mean hiring an Austin work injury law firm, like Fears Nachawati, to represent...

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One of the more common adverse actions experienced by employees are violations of the Americans with Disabilities Act of 1990. Because of the broad and inclusive nature of this act, a necessary step in protecting the vast range of disabilities an employee may have, it can sometimes be hard to fully interpret and know when one has become the victim of discrimination as outlined in...

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One common issue amongst people who find themselves in a bad work environment is a pervasive misunderstanding of what statutory qualifications must be met to be the victim of discriminatory employment practices, at least according the Civil Rights Act. This is not saying that discrimination cannot come in many forms, but it must be taken into account that there are numerous laws and acts that...

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It is a disturbing reality that some protected classes of employees will find themselves in a discriminatory or harassing situation at some point in their career.  Even more distressing is that the offender may even be a supervisor or manager.  Fortunately, we as a society have gone to great lengths combating bias in the workplace in the effort to create an equal and fair environment....

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Fears | Nachawati Law Firm is proud to report that The Texas Supreme Court has agreed to review a civil case where our client was the victim of a workplace sexual assault – B.C. v. Steak N Shake.  Fears Nachawati Partner, Matthew McCarley, is trial counsel and worked with appellate counsel, Matt Kita, in the fight to ensure our client received Justice.  The Dallas Court...

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The Justice Department has instructed all of its employees across the nation to give equal protection to lawful same-sex marriages under the law in every program the department administers. Read the article below for more details: http://www.washingtonpost.com/world/national-security/justice-department-to-give-married-same-sex-couples-sweeping-equal-protection/2014/02/08/36eafcae-90cc-11e3-b227-12a45d109e03_story.html

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Recently many Americans have sought bankruptcy protection as a result of the recession and housing crisis. Unfortunately, the bankruptcy laws cannot force a lender to refinance your home mortgage. However, you ay be able to modify your home mortgage during a Chapter 13 bankruptcy under the “Making Home Affordable” program. In Chapter 7, you may seek refinancing after bankruptcy. If you seek refinancing from Fannie Mae and Freddie...

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  Redemption is a process during a Chapter 7 bankruptcy case where a debtor is able to retain a vehicle by paying the secured creditor the value of the vehicle, not the total debt that is owed. For example, if you owe $15,000 to Ford Motor Credit, but the car securing the debt is only worth $10,000, you can use the redemption process to pay only...

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When a small business encounters tough times, it is not uncommon for the business owner to do what is necessary to keep the business alive.  The obligation to keep the business going for family and employees is strong, and can often result in the business owner making decisions that create personal financial hardship.   Small business owners are required to withhold taxes from their employees’...

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During a Chapter 13 bankruptcy the debtor develops a plan to repay all or part of his debts through installments.  Once the bankruptcy court confirms the plan, the debtor is obligated to make payments over three to five years.  A lot can happen during those years, and sometimes a debtor is unable to pay the plan installment payments.  Fortunately the bankruptcy laws provide the Chapter...

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There are many strange misconceptions regarding bankruptcy.  Some believe that a person is unable to file bankruptcy if the debtor is employed.  Another myth is that self-employed people can’t file bankruptcy. These myths can prevent a person from obtaining needed relief from overwhelming debt. Free Consultation  Employment is not a precondition for filing for bankruptcy protection.  The bankruptcy laws require that the debtor state all...

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In an episode of television’s “The Office,” the main character Michael Scott makes a misguided attempt to resolve his debt problems by publically stating, “I. . . declare. . . bankruptcy!” Video clips of this funny episode can be found on YouTube. Back in the real world, declaring bankruptcy is not nearly as public, or as simple, as shouting out “I declare bankruptcy!” The bankruptcy...

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AVOID FORECLOSURE

September 24, 2008

People with financial difficulties who own homes at some point in time may not be able to make their monthly mortgage payments.  This, of course, may occur for any number of reasons including bad financial decisions, loss of employment, and / or unforeseen medical conditions resulting in astronomical bills.  Whatever the reason may be lenders have no alternative but to call in the loan after...

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Unemployment Rate Up

September 5, 2008

The nation’s unemployment rate zoomed to a five-year high of 6.1 percent in August as employers slashed 84,000 jobs, dramatic proof of the mounting damage a deeply troubled economy is inflicting on workers and businesses alike. The Labor Department’s report, released Friday, showed the increasing toll the housing, credit and financial crises are taking on the economy. The report was sure to rattle Wall Street...

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