Categories for Employment Law
Despite stricter laws and awareness programs, discrimination continues to happen. The federal government and the state of Texas regulate employment discrimination. The Equal Employment Opportunity Commission (EEOC) enforces the federal laws that prohibit any discrimination because of gender, race, sex, national origin, religion, genetic information, disability or age. The employment laws in Texas also protect workers from illegal discrimination that is based on any of...
read more
Many workers injured on the job have a fear that their employer will fire them or punish them in some way if they file a workers’ compensation claim. Getting injured on the job is a stressful enough situation, as you face mounting medical bills, time away from work, and other aggravating factors, and one shouldn’t also need to worry about losing their job as a...
read more
Every day, hardworking and dedicated employees across the great state of Texas face workplace harassment or discrimination, while others are denied the opportunity for gainful employment, promotions, or new opportunities due to unfair hiring practices. If you or a loved one is facing this situation, then there are two important things to keep in mind: you do not need to tolerate illegal discrimination and harassment...
read more
Getting injured on the job is something that many employees dread and something that carries significant risk in a number of different professions. Due to an on-the-job injury, you may be facing costly medical bills, lost wages due to missed days at work, as well as the stress about wondering how you will make ends meet or who to turn to for help. Texas is...
read more
When we show up on the job site each day, we expect that our boss and employers are doing their best to maintain a safe work environment, and that we will return home safe and injury free when our shift ends. Yet, despite the stricter safety standards and increased government oversight, there are thousands of preventable accidents that occur in the workplace every year. Even...
read more
Getting injured on the job causes several different emotions inside us. We feel bad because we want to help our employer, and this could take time away from us working. We feel mad because we likely shouldn’t have been injured, and the company should have corrected the situation before we got hurt. We feel guilty for theoretically biting the hand that feeds us. We feel...
read more
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...
read more
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...
read more
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...
read more
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...
read more
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...
read more
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...
read more
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....
read more
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...
read more
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
read more
A recent decision by the Eighth Circuit Bankruptcy Appellate Panel has given some ray of hope to debtors seeking to discharge student loans. Eighth Circuit courts are historically conservative, comprising the Midwest states of Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota. However, in the case of Shaffer v. U.S Department of Education, No. 12-6010 (8th Cir.BAP Oct. 30, 2012), the Bankruptcy Appellate...
read more
The federal bankruptcy process is chock full of hidden mines that can blow your case right out of the water. Most of these problem areas can be avoided with careful planning and pre-bankruptcy investigation. When a problem occurs in a bankruptcy case, it is often because the client has rushed into bankruptcy to avoid a situation that is irreversible, like a repossession, garnishment, or foreclosure....
read more
OSHA Changes Rules for Reporting Work Place Injuries
read more
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...
read more
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...
read more
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’...
read more
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...
read more
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...
read more
Oil Rigs Accidents, Oil Spills and the Dangers to Workers
read more
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...
read more
Employment Discrimination and Bankruptcy
read more
Reasons to file for bankruptcy
read more
A new law would prohibit employers from rejecting applicants based on credit reports
read more
What is Your Financial Attitude?
read more
Can student loans be discharged in bankruptcy?
read more
What is the Texas Tort Claims Act?
read more
Unemployment and the Bankruptcy Means Test
read more
Can I lose my job if I file for bankruptcy?
read more
Downside of bankruptcy
read more
What is OSHA?
read more
What is a job-related injury?
read more
Respondeat superior: I was injured by the employee of a company - can I sue the employer?
read more
Bankruptcy And Employment Discrimination
read more
Fears | Nachawati Reaches Settlement on Behalf of Employee Injured on the Job
read more
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...
read more
