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The Texas Veterans Commission Puts Veterans to Work
Created in 1927, the Texas Veterans Commission was formed to assist veterans during the Indian Wars, Spanish American War and World I. They have continued to support and advocate for veterans since then, often by helping them get the benefits they deserve after their service. Through a series of programs they enacted, the Texas Veterans Commission makes sure that veterans are well represented to improve their quality of life and provide dignity for the sacrifices they have made.
Currently, they have employees in 75 cities all over Texas and are nationally recognized for providing veteran services to help them receive their deserved benefits such as educational benefits (GI Bill and Hazelwood Exemption) by having a close, working relationship with over 1,100 schools and employers in Texas.
The programs and services they provide include Claims Representation and Counseling, Veterans Education Program (through various chapters and federal education assistance), Texas Veterans Commission for Veterans Assistance (makes grants available for charitable and veterans organizations as well as local government agencies, etc), and Veterans Employment Services – which provides employment services to veterans. The Commission recognizes women veterans also and has begun outreach programs designed and targeted specifically for them.
The Texas Veterans Commission has now teamed up with the State Bar of Texas to start the Texas Lawyers for Texas Veterans program. The Commission will provide claims counselors to help veterans with their claims at local legal clinics all over the state. The counselors will also help out with Veterans Court, an access to justice, to help combat veterans with brain injuries and post-traumatic stress disorder with legal assistance. A Veteran’s Court branch has already been implemented and approved for Smith County.
To be eligible for representation and support through Veterans Court, a defendant must be a veteran who was honorably discharged on active duty or in the reserves. The veteran must also meet the Veteran’s Administration eligibility criteria and be a legal resident of Texas and a U.S. citizen. Also, the qualified veteran must have a pending misdemeanor or felony offense.
To find out whether you are eligible for any of the veteran programs and benefits go to the Texas Veterans Commission website at http://www.tvc.state.tx.us/.
The Gomez Law Group consist of Dallas based labor and employment attorneys that can also help veterans with their legal needs.
Seth Wilburn writes for the Gomez Law Group, a Dallas employment lawyer and Dallas business lawyer. To learn more, visit Gomezlawyers.com.
Know your employee status to file an unpaid overtime claim
If you worked overtime and want to claim payment, know your employee status. Check this before submitting a request for payment.
There is no question that if you work overtime, you should be paid for that overtime, no matter what some people think, say or feel. This is where the law comes in handy as a backup position. If you worked overtime, you should be paid and the law says so; so that’s in your favor. You should never be wrongfully denied compensation.
Having said this, you need to also understand that there are rarely etched in stone, immutable rules and regulations. There are usually exceptions to every rule. To know what those exceptions are, make it a point to consult with an experienced Dallas business lawyer. Better you know your rights and how to proceed with an overtime claim than to go ahead uninformed and do it the wrong way.
If you want to help yourself out, brush up on your labor law. It’s not complex, at least, not the things you would need to know. Check out the laws relating to overtime compensation. According to the Fair Labor Standards Act, workers are entitled to overtime remuneration at a rate of 1.5 times the regular rate, if a worker puts in more than a 40-hour workweek. This is the general rule.
However, some workers are not entitled to overtime. Those employees include computer employees, those who work in administration or those in executive positions. Only non-exempt employees qualify for overtime compensation. If you have all of your paperwork in order and have spoken to an experienced Dallas business lawyer, then make sure you have all the facts in writing before you file a lawsuit. If you wind up going to court, you need written documents for evidence. For example, you’ll need time sheets, payroll records and employment policies.
Don’t assume that just because the labor law says one thing right now, that it hasn’t changed and you may not know about it yet. Consult with a lawyer before you do anything and ask questions. The Dallas business lawyer will be able to brief you on any recent changes to the labor laws that may apply in your particular circumstances.
Do due diligence and check with your state’s Department of Labor, as you might want to fill out a complaint form, rather than going to court. If you do have a solid case, an investigator reviews your complaint and will help you in dealing with your employer.
Just make sure you have all the facts before proceeding with a complaint or lawsuit and things should work out well in the end.
Ty Gomez writes for the Gomez Law Group, a Dallas employment lawyer and Dallas business lawyer. To learn more, visit Gomezlawyers.com.
Tricky business disputes need finesse or legal assistance to settle
Running a business has its ups and downs. Disputes are bound to arise from time to time.
“In any business, even though the people running it are partners, and perhaps friends, anything can and does happen. While they may agree on the day-to-day running of their venture, they may not agree on the smaller details that make up the larger picture. Most businesses would do well to have mediation and conflict resolution options to help them solve such disputes when they do happen,” said Ty Gomez, a Dallas employment and business lawyer.
Sometimes, a dispute starts with something seemingly innocuous that someone else may take the wrong way. Some of the more common reasons for workplace disagreements involve discrimination – which may come in the guise of age, disability, marital status, race or sex – a difference of opinion over payment or one’s salary, misunderstandings about maternity leave or even an unfair dismissal.
It’s not just internal disputes that an owner has to deal with, as they may also face business-to-business differences of opinions. That’s not too hard to understand, given the nature of the global business community these days. Many B2B relationships are complex entities and involve different cultures, as well. Negotiations can be delicate and one wrong step can bring the whole house of cards tumbling down.
“Generally speaking, disputes that arise on this level are not just personal differences of opinion; they are larger and involve serious issues. In cases like that, the parties usually need either professional mediation or a good business lawyer to sort things out,” Gomez said. Then too, the same may be said of partners getting into a dispute over philosophical differences. These kinds of disputes may come up due to one partner wanting a change in direction the other one isn’t amenable to or they could arise as a result in disagreeing over the hiring procedures for a new manager.
Perhaps the most serious types of disputes tend to involve breach of financial agreements and/or breach of contract. These are severe rifts, as contracts are legally binding and one way or another, they must be adhered to for the good of the participants and the company.
Gomez Law Group is a Dallas employment lawyer and Dallas business lawyer. To learn more, visit http://www.gomezlawyers.com.
Proper wage classifications are crucial
The Internal Revenue Service is cracking down on wage and hour compliance for 2010. Watch for increased investigations and fines.
It seems that each year, the IRS has an issue to pursue that is near and dear to its heart. This year is no exception, with the laser-like focus on wage and hour compliance. Businesses need to be alert for this issue and also be aware that the IRS and the Department of Labor are just two avenues of enforcement that may be in place this year. Others may include state or local tax agencies interested in enforcing the rules and regulations in the area.
The biggest problems generally relate to things such as proper classification, differences between federal and state regulations and not applying wage and hour rules properly. “There are two big classification errors that generally occur,” said Ty Gomez, a Dallas employment lawyer and business lawyer. “The first one is usually the independent contractor versus employee mistake. Internal Revenue has rigid laws about who is legitimately classified as an independent contractor. If you have wrongly classified a worker, you could face crushing penalties and intense scrutiny.”
On the other side of the coin is the exempt versus non-exempt status classification. First of all, the worker needs to be an employee. Next is the determination of whether or not he or she is an exempt worker. “This means a person exempt from minimum wage and overtime regulations and other wage and hour requirements. To be exempt, the worker must meet the Fair Labor Standards Act (FLSA) requirements. If you don’t get this one right, once again, there are stiff penalties,” Gomez said.
“Not every state has the same standards as those in the FLSA, so it’s best to consult with an experienced Dallas business lawyer to find out what you need to know. For example, in just about every situation where a federal and a state law differ, the employer makes an attempt to follow the rule most beneficial to the employee,” Gomez said. If the federal minimum wage is $6.75 per hour and in Florida the current state minimum wage is $7.75, companies must say the minimum wage is $7.75 because it is better for the workers.
What this ultimately means is that people need to know what the state’s specific wage and hour regulations are and how to apply them. “For instance, in Texas, the minimum wage law doesn’t have dollar minimums. The State adopts the Federal minimum wage rate by reference,” Gomez said.
The last major category that employers tend to get wrong is improperly applying wage and hour rules. There are so many regulations that can be misapplied, it would be impossible to cover them all. There are more than enough to confuse any businessperson who isn’t familiar with them. For instance, errors tend to happen with final pay, improper deductions from paychecks, overtime, minimum wage, reporting time pay, call back pay, meals and rest periods, on-call time or standby time and training and travel time.
“As you can see, this is not an easy area to keep up-to-date on and it’s best to consult with a Dallas business lawyer who deals with material like this every day. If you get on the wrong side of the rules and regulations, you’ll have a lot of grief getting it sorted out,” Gomez said.
Gomez Law Group is a Dallas employment lawyer and Dallas business lawyer. To learn more, visit http://www.gomezlawyers.com.
The key to avoiding employment disputes is doing it right the first time
In order to avoid disputes at work, it’s best to have proper employment agreements, procedures and policies in place.
Those who have been in business for a fair length of time appreciate the old saying that if something is worth doing, it should be done right to avoid problems later. There is no truer saying in business than this one. It’s typically the best approach to any products and services provided, but also perfect for the staff and management who will have procedures and policies in place to support them. Any time proper procedures and policies are in place, chances are there are far fewer employment disputes.
“Running a business by the seat of your pants isn’t the best way to be successful, so it’s prudent to have relevant employment agreements, procedures and policies in place to act as guidelines. There also needs to be processes in place to follow when managing others. You may very well be the company expert of your products or services, but chances are you aren’t an expert on employment law, etc. For that kind of expertise, you need to consult with a seasoned Dallas business lawyer,” said Ty Gomez, a Dallas employment lawyer and Dallas business lawyer.
It is vital for any business to keep current on what is happening with employment law in the state and to that end, consulting with a lawyer with experience in this area only makes good sense – good financial sense – because if things are not done properly, legally and correctly, employment disputes may cost the company a lot of money.
You can find employment agreements online, but they are generally generic and may not take into account the contract law in the state where your business conducts business. Generally speaking, they may not fit your situation, which may mean legal problems later,” Gomez said. There are a number of other things that need to be in an agreement, and missing any one of them may lead to problems that could have been avoided. To learn more, visit http://www.gomezlawyers.com.
Whistleblower actions have been around forever
Whistleblower lawsuits have been around for centuries. Their impact is still significant.
Another term for a whistleblower lawsuit is “qui tam,” and this form of legal action has actually been around for centuries. That certainly says something about mankind’s avarice and the drive to get money from the government in a fraudulent manner. Actually, the lawsuits of centuries ago were a way for citizens to shield their government from fraud. Over the passing years, things have obviously evolved and in America, the False Claims Act came into being to nip abuse in the bud that was being committed by defense contractors, health care providers and financial institutions.
Unfortunately, fraud is on the rise, given the sorry state of the economy. While this isn’t good news, it has made the federal government sit up and take notice of what is going on, finally realizing that they are and have been the victim of some significant fraudulent schemes that have netted others millions of dollars – ultimately at the taxpayer’s expense.
In self defense and also to stem the flood of dollars illegally making its way into the pockets of others, the government took action to protect tax dollars and to take control of the economy; trying to regulate it so it was not all over the map. Yes, there is such a thing as a free market, but those who were taking that phrase literally had to be stopped. This is where rules and regulatory powers must be brought into effect to keep the market a place to trade fairly and to keep it legitimate.
In the course of tracking how much money they had lost over the years, and the figures showed a staggering amount in the millions, the federal government brought in the Fraud Enforcement and Recovery Act (2009). It wasn’t much of a surprise that it passed with virtually no resistance or nay-saying. Shortly after that, the Fraud Enforcement and Recovery Act (FERA) also came into existence. The idea behind FERA was that, with enough pointed and clearly defined legal definitions (and money to support this), it could overhaul or reform fraud.
Under this legislation, budgets were boosted and made a great deal larger for those departments responsible for finding and prosecuting fraud. Sort of like putting their money where their mouth is; by decrying fraud and actively seeking to stop it, the only way the government could accomplish this was to increase the budget for enforcement departments and personnel. The departments that search for and act on fraud cases are the Securities and Exchange Commission, the Department of Housing and Urban Development and the Department of Justice.
Where the legal redefinition came into play was with the False Claims Act. It is noted to have a long history with the courts, but many of the definitions in it were out of sync with what Congress perceived was the intent of the law. This made it far less complex for whistleblowers to file suits and meant less of a need for as much evidence to prove a defendant was guilty of defrauding the federal government.
If you happen to be in a situation where you have knowledge and/or evidence of a company knowingly defrauding the federal government, speak to an experienced qui tam lawyer and find out how the law affects you today.
Ty Gomez writes for the Gomez Law Group, a Dallas employment lawyer and Dallas business lawyer. To learn more, visit Gomezlawyers.com.
E-mail retention is an issue in many companies
The Sarbanes-Oxley Act passed four years ago. Many think the law is working, but aren’t sure how it affects e-mails.
It was President George W. Bush that brought the Sarbanes-Oxley Act into being, with the intention to boost accounting oversight and corporate responsibility. The main thrust of the act was to increase accounting and auditor regulations, augment disclosure requirements, generate new federal laws and jack up the penalties under existing federal law. In other words, the whole idea was to make larger companies get their bookkeeping in order.
One of the most important facets of this act centers on the details relating to data security, protection and retention. Data these days refers to many things, but it also includes e-mail. The question quickly grew to ask how the Sarbanes-Oxley Act affects e-mail retention policies in a workplace. Here is some interesting information that not many people are aware of relating to business documents in today’s electronic workplace. If you aren’t clear on any of the regulations in this act, invest time with a Dallas business lawyer to get answers.
Just about 93 percent of all material (business documents) is created electronically. Since that’s the case, many companies are now facing the looming question of what on earth do they do about e-mail retention questions. E-mail and its retention has now become a top priority issue that can’t be ignored. The bottom line is that companies need to develop off-site storage. For example, an online service that stores encrypted data and protects it.
In referring to the Sarbanes-Oxley Act, you’ll find it mentions three stipulations dealing with e-documents, which includes e-mails. They deal with destruction/alteration, obstruction of justice and mandatory document retention. Very simply, when dealing with destruction/alteration, the act says that those who knowingly alter, conceal, falsify, mutilate or destroy any document (paper/electronic) because they want to obstruct any proceedings involving a federal agency may face up to 20 years in jail, be fined or both.
If a company has an e-mail retention policy, then it must also include a security plan. Along those same lines, the company must allow only certain people clearance to access archived e-mails, generate a report with that individual’s name when he or she accesses the secure information and write down any changes to existing documents. The act goes even further and mandates that a company keep records, such as e-mails, for up to five years. The e-mails are to be classified by date, month and year to allow auditors to quickly access pertinent information.
These are provisions that are crucial to the operation of your company, and in order to ensure you are in compliance with the Sarbanes-Oxley Act, you will want to discuss your various issues and questions with an experienced Dallas business lawyer.
Ty Gomez writes for the Gomez Law Group, a Dallas employment lawyer and Dallas business lawyer. To learn more, visit Gomezlawyers.com.
Non-compete agreements may be enforceable
There is a great legal debate about whether or not non-compete agreements are enforceable. The answer is: sometimes they are.
“If you’re offered an executive level job and salary and other issues are under negotiation, get an experienced Dallas business lawyer to assist you,” said Ty Gomez, who writes for the Dallas based Gomez Law Group. “Don’t sign anything until I get a look at it, because if the documents contain things that may be contentious later, it’s best to iron those issues out before you start work.”
“Let’s say you have your offer in hand and have the usual period of time to think it over. This is the perfect moment to bring it to our office and go over the documents. If you are being offered a VP position, there are many things to consider, such as performance clauses, golden parachute options and non-compete clauses. All of this should be checked with a fine-toothed comb,” Gomez said.
One of the first flags that should go up when anyone is offered a VP position (or higher) is if they are asked to sign anything other than a laundry list that lays out the compensation for the position. Any documents that are handed over, with the expectation that the individual will “just sign them,” need to be vetted by a seasoned Dallas business lawyer. “It’s better to have a legal review prior to signing something that may come back to haunt you later. This is a little like closing the barn door after the horse has left, so don’t sign anything until you know what it is and what it means,” Gomez said.
If a document a new employee receives looks and sounds like an attorney wrote it, chances are they did. “If that’s the case, then it’s best to run this document by your own lawyer. While the document may tell you what is included in your position, it may not indicate what isn’t included, and that’s equally as important,” Gomez said. For example, the papers may not mention dispute resolution or commission payments.
The most critical parts of documents that involve compensation provisions are the ones referring to non-solicitation, non-disclosure and non-compete. “I have spoken to some job candidates that flat out said non-compete agreement are not enforceable. This is not the case. Anything that is a ‘non-clause’ can be enforceable and even if it can’t be enforced, it would be very expensive to fight. These are things we discuss if you happen to have any or all of the big three non-clauses in your offer,” Gomez said.
There are all kinds of questions that need to be answered when dealing with non-compete clauses. For instance, is what that company is asking their prospective employee to give up worth it? Can that individual live with the provisions? What is gained by signing it? What does the person get in return for giving something up? These are things that need to be discussed with a skilled Dallas business lawyer.
Gomez Law Group is a Dallas employment lawyer and Dallas business lawyer. To learn more, visit http://www.gomezlawyers.com.
Texas Employer and Employee Are Equal in Bargaining
Texas is noted for being a state with the ‘most’ employer friendly employment laws. Employers and employees are equal in bargaining.
Even with the legal notion in Texas that the employer and employee are equal in bargaining, there are still some rules that companies must follow. For example, although they may terminate a worker at anytime for any reason, that reason may not involve discrimination. There may also be other exceptions that involve a contract signed by the company and the worker.
“Texas subscribes to the legal notion that the employee and the employer are equal in bargaining. While this sounds good, often in reality, employers tend to have more bargaining power than workers. There is an exception or two to that scenario and under a specific set of legal conditions, Texas workers may file for unlawful termination,” outlined Ty Gomez, a Dallas business lawyer who writes for the Dallas based Gomez Law Group.
Unlawful termination may be a cause of action in two primary circumstances in Texas. For instance, if a worker was told to do something illegal and they didn’t do it and got fired because they did not do it, this may result in a cause of action for the employee. The second avenue that may be taken for unlawful termination would be discrimination. “Be aware that discrimination lawsuits rarely succeed unless the discrimination involves a protected class; e.g., gender or religion,” commented Dallas business lawyer Gomez.
“Even if you have been asked to do something illegal, and didn’t do it, you must prove you were asked to do something illegal. In other words, you (the plaintiff) have to present evidence you were ordered to do an illegal act. If this has happened to you, you need to have as much evidence as possible before you no longer have access to it. There are two reasons for taking this precaution, the first is that having evidence will likely net you compensation for unlawful termination and bring a ‘crook’ to justice,” Gomez observed.
The bottom line in cases that deal with unlawful termination is that if the person has been let go because of an employer’s discriminatory actions or because that individual said no when asked to do something illegal, they may be able to obtain compensation for their losses. Always make it a point to talk to an experienced Dallas business lawyer to find out how to proceed in an unlawful termination case.
Gomez Law Group is a Dallas employment lawyer and Dallas business lawyer. To learn more, visit http://www.gomezlawyers.com.
Being Accused of a Crime Is Not Grounds for Firing in Texas
Employers in Texas need to know what constitutes illegal discrimination. Being informed may avoid a lawsuit.
“When it comes to employment law in Texas, there are two forms of illegal discrimination that you need to know about for your business. The first thing is you can’t decline to hire or promote an individual because of certain characteristics. The other thing to be aware of is how you handle termination. If you aren’t careful, you may end up being sued for wrongful termination if you fire someone because of certain characteristics,” outlined Ty Gomez, who writes for the Dallas based Gomez Law Group.
In Texas it is illegal to discriminate against someone because of their race, sex, national origin, disability, religion or age. “Granted, the law does not specifically mention sexual orientation as being an illegal reason to fire or not hire. However, it ‘is’ illegal for employers to ‘ask’ about a prospective worker’s sexual orientation, or family life for that matter,” Gomez explained.
Employees should also be aware that there are some characteristics that are not protected. An example would be that it is considered legal for a boss to refuse to hire a person with a criminal record. It is also legal if that same employer fires a current worker if they find out the employee has a criminal record.
“There is an important distinction to be made here though,” added Gomez. “It is illegal to ask questions about arrests or any possible accusations during the course of a job interview. Put another way, being accused of a crime does not mean the person ‘is’ guilty. This means you may only ask about ‘convictions,” he added.
In this day and age when immigration issues are such a hot topic, it is considered legal to ask a prospective new hire about their legal status as it relates to work and also about any accommodations the worker may need to do their job. If a worker is not able to do the job they are applying for without “reasonable” accommodations, it is not discrimination if they are not given that position.
“Texas is an ‘at will’ state, meaning employees are considered to be at will. What that means is a worker may leave a job anytime they want to and for any reason. That works both ways though and the employer may let a worker go at anytime for any reason, provided it does not fall under illegal discrimination. This is why it is vital that you know the employment law in Texas and stay compliant,” Gomez explained.
Are there exceptions to at will employment? “Yes, and they’re both related to any contract an employee and the company may sign. For example, signing a contract that states the employment term lasts for a determined period of time, or that the worker may only be fired under specific circumstances. If the parties sign this contract, the company has to keep the worker until the specified length of time expires or it violates the contract. And, the worker must keep working until the contract runs out,” stated Gomez.
Employment contracts must be extremely specific in Texas and if there is any doubt about how they should be worded, it is critical to seek experienced legal counsel to avoid a lawsuit.
Gomez Law Group is a Dallas employment lawyer and Dallas business lawyer. To learn more, visit http://www.gomezlawyers.com.