Archives: Services

This is the example of the Services custom post type

Sexual Harassment

San Antonio Sexual Harassment Attorney

The laws of Texas define sexual harassment as any unwelcome or undesirable conduct, including unwelcome sexual advances or demands, whether those actions are of either a verbal or physical nature, or both. These laws apply whether the victim is male or female, and regardless of the gender of the harasser.

Many people do not have a clear understanding of harassment laws or do not realize what actions are considered to be sexual harassment. Generally, any unwanted sexually charged behavior can be construed as sexual harassment.

Moreover, discrimination can occur at all stages of employment, including hiring and recruiting, reviews and job evaluations, promotion and compensation actions, and disciplinary actions and termination.

In general, there are two types of sexual harassment:

  • Quid pro quo: This occurs when a superior promises something or threatens to take an adverse employment action unless you provide a sexual favor.
  • Hostile work environment: This refers to severe or pervasive workplace behavior that is unwelcome and offensive, such as references to body parts, offensive touching, offensive e-mails and other behavior that is sexual or gender-based.

No employee should have to endure harassment. If you have been a victim of sexual harassment through appalling acts or a subtle and persistent pattern that creates a hostile work environment, you have rights, and you may be entitled to bring a discrimination claim.

Contact The Gilbreath Law Firm in San Antonio

If you believe you have been the victim of sexual harassment, contact us at (210) 479-3195.

Real Estate Transactions

Real estate transactions can be complex. They are regulated by state and federal law, and they usually involve a substantial amount of money and investment. In other words, real estate transactions are easy to screw up, and when they are, the consequences can be significant.

In some cases, individuals and business are best served to have legal representation in real estate transactions. Whether you are a property owner who is having problems with the buyer of your home, or a business owner looking to acquire commercial property, you have much to gain by hiring an experienced real estate attorney to handle the transaction.

We provide experienced, detail-oriented representation to commercial and residential owners, purchasers, sellers, and developers of real estate in San Antonio and its surrounding counties.

The time spent in the beginning to ensure proper documentation, funding, insurance, title, and other essential components can help avoid future problems.

We emphasize diligence, prompt and clear communication, efficiency and cost-effectiveness in all we do.

We offer a full range of services including but not limited to:

  • Deeds
  • Notes
  • Deeds of Trust
  • Real Estate Investment
  • Oil and Gas Leases
  • Trespass & Nuisance
  • Boundary Disputes
  • Ownership Disputes

Real estate law is complex. These transactions involve more than just mounds of paperwork. They require expertise and a comprehensive understanding of the real world, as well as business judgment and knowledge of the law. Unfortunately, many people get themselves into unfortunate situations because they didn’t have someone helping them through the details.

Our experienced real estate team fully understands the often complex and competing interests in real estate transactions and disputes.

Contact Our San Antonio Real Estate Lawyer Today
If you need legal assistance with a real estate law matter, we can help. Contact us at (210) 479-3195 to schedule a consultation with one of our attorneys.

Foreclosure

My usual disclaimer: The following is simplified to be helpful. You shouldn’t rely on it or not seek the advice of a lawyer. It is intended to be informational so that you know what services we provide and so that you have a basic idea of what information is relevant when you come to see us.

What is foreclosure?

When you buy a house or finance the sale of a home (think seller financing), the buyer usually executes a promissory note and a deed of trust. A promissory note is just an unconditional promise to pay money to the lender. Because it is just a promise to pay, it is very simple contract. If you don’t pay, you are in default or breach.

The deed of trust secures the note. That means that if you don’t pay, if you are in default or breach on the note, the lender (the person that you are supposed to be paying under the note) can foreclose. That is, they can sell the house at a foreclosure sale.

When can the lender foreclose? Are there any rules or regulations of foreclosures?

There are a number of rules that regulate foreclosure under both Federal and State law. Too many to list or discuss here. But, for the most part, the deed of trust itself will tell you when the lender can foreclose, what the lender must do first, and how the foreclosure must be conducted. The deed of trust, usually, cannot violate laws regulating foreclosure. For instance, suppose the home in question is somebodies homestead, their principal residence and abode. By statute, a lender has to give at least 30 days notice of foreclosure. The deed cannot change that.

Breach of note, acceleration, and the right to early payoff.

Under most promissory notes, when the buyer breaches the note, the lender has the right to accelerate the full amount of the debt. What does that mean? It means that if the borrower is in default on the note, the lender can call the entire loan due. So, if the note is for $500,000.00, the lender can make all $500,000.00 due and payable.

But, first, the lender must do two things (in most cases): (1) the lender must provide notice of intent to accelerate, and (2) notice of acceleration. A notice of intent to accelerate occurs when the lender “says” something to the effect of: “Borrower, you have 30 days to get caught up [to get out of default on the loan], or I’m going to make every penny that I loaned you immediately due and payable.” This should be in writing. At that point, the borrower has to get caught up/out of default, or the full amount of the debt become due and payable.

Next, a notice of acceleration occurs when the lender says that the full amount of the debt is due. Unlike the notice of intent to accelerate, which just requires you to get caught up, this notice requires the borrower to pay the full amount of the note or you are in default of the note. If the borrower doesn’t pay the full amount of the note, then the next step is foreclosure.

Once these two things have occurred, the lender has four years to foreclose. However, the four year statute of limitations may be tolled or start over if the borrower makes a payment, enters a modification agreement, or if the lender represents that the borrower can bring the loan current by making payments less that the entire obligation, to list a few examples.

[deficiency action]

We represent lenders and borrowers.

Are you a seller interested in doing a seller financing? Make sure that you protect your interests. We can assist you in these real estate transactions. Did you do a seller financing, and now you are having trouble with the buyer? We can help you to take proper and lawful actions to protect your legal interests, including noticing the borrower of default, acceleration, and foreclosure. We can also assist you in the foreclosure process.

Are you a buyer interested in entering into a seller financing arrangement? You too need to protect your interests. We can assist you in these real estate transactions. Did you do a seller financing, and now you are having trouble with the seller/lender? We can help you to take proper and lawful actions to protect your legal interests, including noticing the borrower of default, acceleration, and foreclosure. We can also assist you in the foreclosure process.

Are you a buyer facing acceleration, default or foreclosure? You too need to protect your interests. Sometimes the lender may indicate that you owe more than you actually do, or the lender may be charging you interest above the legally allowable rate. There are a number of other issues too, including whether you got proper notice, what you rights are with respect to payoff, avoiding being sued for a deficiency, entering a deed in lieu of foreclosure, etc.

Deeds

A deed is a written document that records the transfer of real estate between individuals. As such, the drafting of a proper and valid deed is an indispensable part of any well planned and executed real estate transaction. While a deed need not take any particular form to convey land in Texas, to be effective it must or should meet certain legal requirements, including:

  • Be in writing;
  • Name the grantor and grantee (the buyer and seller’s identities must be ascertainable from the instrument);
  • Contain language of conveyance (i.e., words showing the grantor/seller’s intent to convey title to the land); and
  • Be duly executed by the grantor/seller (i.e., the person transferring title).

Additionally, delivery of the deed and acceptance are required to effect a transfer of title to land. It is also important that you record your deed and that it comply with state and federal laws. Recording your deed tells the world at large that you have title or an interest in the real property. That is, it says, “I own this property,” or “this property is collateral for a loan,” or “I have a claim or lien against this property.” For more information on Recording your deed, see below, Recording Your Deed.

Other state’s laws differ regarding the language and format for deeds. Nonetheless, deeds usually take one of three forms:

  • Quit Claim Deed – This type of Deed does not convey title to the property itself, rather it merely conveys whatever title or interest the grantor has in the property. If the grantor has nothing to convery, you get nothing. That is, the grantor makes no promise as to whether you are getting good title or unencumbered title or whether there is a lien on the property or whether someone else has superior title. There assurances are accomplished by General and Special Warranty Deeds.
  • General Warranty Deed – A General Warranty Deed essentially protects a buyer against any title defects created by the seller or a prior titleholder. It requires a grantor to defend against title defects. Moreover, unlike the Quit Claim Deed, a General Warranty Deed contains a few promises or warranties. First, the seller/grantor is promising that he or she has not conveyed the same estate or any right, title, or interest in the property to any person other than the buyer/grantee, prior to executing the conveyance. Secondly, the seller/grantor is warrantying that property is free from encumbrances, at the time of the execution of the conveyance. A such, a general warranty deed obligates the seller/grantor indemnify (promise to compensate) the buyer/grantee for any losses cause by a claim against the title actually conveyed. Covered claims usually include those for an ownership interest or a lien or some other encumbrance, regardless as to when the claim arose.
  • Special Warranty Deed – A Special Warranty Deed is similar to a General Warranty Deed except that it only protects the buyer against those claims created by the seller (i.e., “the claims of persons deriving their interest in the property through the grantor”). In other words, if the General Warranty Deed promises to defend the buyer against all comers, the Special Warranty Deed only applies to encumbrances or clouds on title that were created by the grantor. If the seller created the cloud on title or encumbrance, then the warranty has been breached, and the seller must defend and indemnify the buyer. On the other hand, a Special Warranty does not protect buyers against claims by individuals in the grantor’s chain of title or so-called “strangers to title.” If the claim, encumbrance or cloud to title arises out of these individuals or their acts, then the seller is probably not obligate to indemnify you for losses cause by such claims.

Recording your Deed.

As mentioned above, recording your deed is very important. While recording the deed is not necessary to pass title, it usually is required to provide notice to third parties. This is important because failing to properly record a deed can significantly limit your legal remedies. The purpose of recording a deed is to tell the world at large that you have some title or a lien or some other interest in real property. If you fail to record your deed, potential buyers and the world at large can plead ignorance as to your claim of ownership, your lien or other interest in the property. That is, if someone buys a property in good faith for value and you haven’t recorded a deed related to the property, you may have little or no recourse against that good faith purchaser. They may, in a sense, actually acquire superior title, free from your claims of ownership, title, or some other interest in the property. You may even lose liens that would have properly attached to the property and the right to foreclosure.

We can assist with the legal basics involved in any issue of title and deeds. Although these are in some cases relatively simple, it is of utmost importance they be reviewed and addressed correctly, as one small mistake can have a tremendous legal impact.

Contact us today to schedule a consultation (210) 479-3195.

Oil and Gas Lease

Owners and operators of oil and gas interests face many industry specific challenges. Some of the issues faced by the oil and gas participants include land title, surface and mineral rights, leases, and regulatory compliance.

Here at the Gilbreath Law Firm we represent landowners in the negotiation, drafting, review and litigation of oil and gas leases. We will work to get you the best royalty rate, bonus payment, and lease terms. If problems arise, we will stand beside you to protect your rights and interests.

When disputes arise that require legal intervention, our trial lawyers have decades of experience in the courts and understand the legal and factual issues involved in succeeding in a civil lawsuit.  We are capable of representing oil and gas clients in all types of disputes including:

  • Oil and gas mineral leases
  • Surface use agreements
  • Royalty disputes
  • Mineral rights and land title examinations
  • Purchase and sale of mineral rights
  • Regulatory matters
  • Acquisitions of oil and gas producing properties
  • Oil and gas exploration agreements
  • Joint operating agreements

Whether you are already having legal issues or if you want to work with an experienced attorney to prevent problems in the future, we can help you. We handle natural resources law matters related to surface use agreements, property purchase and sales, leasing, dispute resolution, and litigation.

Contact us today for all your legal needs as a landowner, leaseholder or other interested party to oil and gas operations (210) 479-3195.

Real Estate Litigation

Real estate litigation generally refers to any dispute arising from an interest in or affecting real property.

Whether your legal matter is a landlord-tenant dispute, relating to the buying or selling of real estate, a boundary dispute with a neighbor, or something else we can help you.

Some of the matters we advise clients include:

  • Boundary disputes
  • Buyer-seller disputes
  • Breach of contract
  • Commercial lease disputes
  • Commercial property disputes
  • Easement disputes
  • Evictions
  • Foreclosures
  • Fraud claims
  • Mechanic’s liens
  • Title disputes
  • HOAs, Restrictions, and Covenants
  • Breach of Warranty in Deed
  • Breach of Note
  • Breach of Note Secured by Vendor’s lien
  • Removal of Cloud on Title
  • Breach of Exclusive Listing Agreement

When facing the stress of real estate litigation, having an attorney with substantial knowledge about property laws and civil litigation by your side can lighten the burden.

We have represented real estate owners in disputes with tenants, lenders, borrowers, brokers, partners, and adjoining property owners, among others.

We do more than just litigate disputes in the courtroom. Our goal is to help you. We work to resolve your real estate dispute in the quickest and most cost-effective manner available.

In some real estate disputes, your only option may be litigation.  When this is the case, you need the assistance of an experienced real estate attorney to achieve a successful outcome.

Contact The Gilbreath Law Firm Today

To further discuss your real estate dispute, contact our firm at

210-570-8874. Let us help you take control of your litigation matter.

Wrongful Termination

Employment laws are in place in order to protect employees from a wide variety of adverse and illegal actions in the workplace. Unfortunately, these laws are frequently broken and employees find themselves in a hostile or otherwise uncomfortable work environment.

Texas is an at-will employment state, meaning that in most cases, you can be fired for any reason or no reason at all. However, you cannot be fired for an illegal reason, such as discrimination or retaliation.

Illegal reasons for firing an employee include discrimination based on age, race, religion, national origin, disability, sex (i.e., gender), and disability, or retaliation for having performed a lawful, protected act.

Employment discrimination and wrongful termination claims can be difficult because ultimately the employee has the burden of proving that he or she was fired, not hired, not promoted, or otherwise harassed because of his or her protected classification—for instance, because she was woman, or because he had a disability, or because he took Family Medical Leave (FMLA), or because he received workman’s compensation benefits.

Remedies for wrongful termination depend on the facts of each case and the specific laws that pertain to those facts.

Often, our wrongful termination clients are unsure of whether they have a claim and whether their former employers acted illegally in their termination action. We can help you to identify whether you have a potential basis for claim.

If you have experienced discrimination, sexual harassment, retaliation, or some other unlawful employment practice, it is important to protect your rights by seeking the assistance of a knowledgeable employment law attorney.

Contact Experienced Employment Law Attorney

For a free case evaluation contact the attorneys at the Gilbreath Law Firm (210) 479-3195.

Teacher Contracts

Public school teachers in the state of Texas are employed under three types of contracts:

  • Probationary Contracts
  • Term Contracts
  • Continuing Contracts

How do I know what kind of contract I have? First, the District is required by the Education code to give you a copy of your contract, and the contract will usually specify. That is, it should say at the very top Probationary Contract, Term Contract, or Continuing Contract. However, whatever it is called, it is the contract’s specific language, terms, and characteristics that make it a Probationary, Term, or Continuing contract. These characteristics are discussed below. The safest way to figure out what type of contract you have is to take it to an experienced school law attorney. (Also, you are more likely to have a Term or Continuing Contract the longer you have been teaching in the state and in a particular district—a topic also discussed in more detail below.)

What if the District wants to fire me? Regardless of the type of contract, your contract will be for a term, meaning the District promises to employ you for a specific amount of time—usually, until the end of the current school year or longer. If the District seeks to end your employment before your contract has expired, you are, almost without exception, entitled to a special hearing procedure, regardless of what type of contract you have. That procedure, often called a Subchapter F or Chapter 21 hearing, is discussed below. On the other hand, the District may non-renew your contract without affording you the same level of procedural protections—i.e., without a hearing in front of an impartial judge, etc. In the case of a non-renewal, the type of contract can make all the difference in the world. In either case, whether you are proposed for termination or non-renewal, we can help provide you with appropriate guidance.

What if the District wants to non-renew me? In cases of a proposed non-renewal, your relief (what you can do to fight it) depends on the type of contract you have.

If you have a probationary contract, the District’s Board can vote to non-renew your contract if doing so is in the best interest of the school district. See Tex. Educ. Code § 21.103(a). Not only is this a broad, wishy-washy terminology, but the Board’s decision cannot be appealed. (Id.). That is, the board’s decision is final and may not be appealed. (Id.). That said, only the District’s Board of Trustees can fire you or non-renew your contract. The Board of Trustees must take a vote on a recommendation made by the Superintendent. The Superintendent’s recommendation may and usually does follow the recommendation of a principal and assistant superintendent. Your best chance to fight a non-renewal is before it gets to the Board for a vote. So, being proactive can be very important. If you think you might be non-renewed, we may be able to help. The importance of being proactive is discussed here, in our article on grievances and performance appraisal.

If you have a term contract, you can also be non-renewed in the best interest of the school district. The difference is that you may appeal the non-renewal. This starts with notice. First, the Board of Trustees must notify you in writing no later than the 10th day before the last instructional day of the current school year. If they don’t, they must employ you in the same professional capacity for the next school year. Once you get notice, you have 15 days from the date you receive the notice of non-renewal to appeal. If you timely appeal, you are entitled to a hearing before the board of trustees (or its designee). You are allowed to be represented by an attorney, and entitled to hear the evidence against you, cross-examine adverse witnesses, and present your own evidence. But, again, your best change to fight the non-renewal is before it gets to the Board. If you think you are being non-renewed, you need to consult with an attorney, with experience in this field.

Unlike Probationary and Term contracts, Continuing contracts may not be non-renewed because they have no specific time, after which the contract ends. A Continuing contract continues essentially forever. Therefore, it does not have to be renewed each school year, or at the end of the term. Since it continues (whether renewed or not) and since it does not need a renewal to continue, a Continuing contract cannot be non-renewed. It can only be terminated for cause. See below. If the district is threatening to take any action against your continuing contract you need to seek legal advice immediately. Continuing contracts can be very valuable.

What makes these types of contracts (Probationary, Term, and Continuing) different? The contracts afforded to public school teachers provide those teachers with protections that other employees may and usually do not have. However, as discussed above, the level of protection varies based on the type of contract you have and the type of adverse employment action that the School District proposes to take against you. Moreover, the contracts also vary based on their duration and to whom they may be awarded.

Finally, the type of contract can affect your timelines. In all cases, timelines for filing appeals or grievance is very important. The following is a summary of the differences between the contracts:

Probationary Contracts. Probationary contracts are usually awarded to new teachers—that is, teachers that are new to the profession or new to a district. If you are employed as a teacher by a district for the first time or if you have not been employed by the district for two consecutive school years, you must, absent rare circumstance, be employed under a probationary contract. A probationary contract can only be for one school year. If you have been employed as a teacher in public education for less than five of the eight years preceding your employment by the district, your probationary contract can be renewed for two additional one-year periods, for a maximum period of three school years–i.e., 3 probationary contracts. By contrast, if you have been working as a public school teacher for five of the last eight years or more, your probationary period may not exceed one year. In other words, in this case, you can only have one probationary contract.

Alternatively, you may also agree to accept a probationary contract. That is, teachers with enough experience to qualify for a term or continuing contract may consent to another year with a probationary contract, usually because the alternative is a nonrenewal, discharge or termination. “Notice under this subsection must inform the teacher of the school district’s offer to return the teacher to probationary contract status, the period during which the teacher may consider the offer, and the teacher’s right to seek counsel. The district must provide the teacher at least three business days after the date the teacher receives notice under this subsection to agree to be returned to probationary contract status.”

Under a probationary contract, if your termination is proposed mid-contract (e.g., before the end of the current school year), you are probably entitled to a Chapter 21 hearing, which is discussed in more detail below. If you are placed on administrative leave with or without pay, or if the District indicates that they are going to terminate your employment, you need to contact our firm or some other experienced school law attorney.

When it comes to non-renewals, a school district may non-renew a probationary contract for virtually any reason at all so long as it is in “the best interest of the school district.” That said, federal and state laws forbid discrimination and retaliation. See our section on discrimination and retaliation, and whistleblower protections. Moreover, when a probationary teacher is non-renewed, he or she has no appeal rights.

Term Contracts. Term contracts must be awarded, when legally permitted probationary period has elapsed. So, for instance, if you are a new teacher (or one who hasn’t taught for 5 of the last 8 years), you can be given to four consecutive probationary contracts. Usually, the district must award you a term contract by the end of the third consecutive year. In no case, can they employ under a probationary contract for more than four consecutive years. At that point, they must either terminate your employment or give you a term or continuing contract. For teachers, that have been teaching for 5 of the last 8 years or more, the district must give you a term contract after you have served your one probationary year.

A District’s Board may non-renew a Term contract if the non-renewal is in the best interest of the school district. If you wish to appeal that determination, you may appeal to the Board of Trustees. Remember there are tight timelines. You should seek legal assistance as soon as you learn of the possible non-renewal. The Board of Trustees in turn will hold a hearing. At that hearing, you will usually be entitled to present documentary evidence, witnesses, and the argument of counsel.

To terminate a term contract, the Board must vote to propose your termination. Then, you should receive notice of the Board’s decision—that you are up for termination. The reason they can’t simply fire you and must vote to propose your termination is that you are entitled to due process of law under the US Constitution and process afforded by the Education Code. Specifically, you are entitled to a chapter 21 hearing.

Once you receive notice that the Board voted to propose your termination, you have a tight timeline (15 days as of this writing) to request a hearing from the Commissioner of Education, under Subchapter F of Chapter 21 of the Education Code.

Continuing Contracts. A District is never required to give you a continuing contract. There is no entitlement to tenure. However, if you have one, count your lucky stars. You need not worry about a non-renewal. A continuing contract is not for a specific term of years, say one or two school years. “Each teacher employed under a continuing contract is entitled to continue in the teacher’s position or a position with the school district for future school years without the necessity for annual nomination or reappointment until the person: (1) resigns; (2) retires . . . ; (3) is released . . . at the end of a school year because of necessary reduction of personnel as provided by Section 21.157; (4) is discharged for good cause as defined by Section 21.156 and in accordance with the procedures provided by this chapter; (5) is discharged for a reason stated in the teacher’s contract that existed on or before September 1, 1995, and in accordance with the procedures prescribed by this chapter; or (6) is returned to probationary status, as authorized by Section 21.106.” Tex. Educ. Code § 21.154

If the District is claiming to non-renew your continuing contract, they are really seeking to terminate it. To end a continuing contract, the District must propose your termination, the Board most vote to accept that proposal, and then you will receive notice of the proposal. Once you receive notice that the Board has voted to propose your termination you have 10 days to notify the Board of your decision to appeal. If you fail to timely appeal, you will likely lose your contract and be terminated.

A continuing contract teacher may be discharged (or suspended without pay) by a school district for good cause. Good cause is defined as “the failure to meet the accepted standards of conduct for the profession as generally recognized and applied in similarly situated school districts in this state.” Tex. Educ. Code § 21.156. A continuing contract teacher may be released at the end of a school year in case of a reduction in force. However, what qualifies as a reduction in force is defined by the Education code.

Regardless of the reason you are given, if you have a continuing contract and the district is threatening to discharge you, you need an attorney. The district should provide you with written notice of a proposed action. If you discover or even just believe that your continuing contract may be at risk, you need to seek legal assistance.

Subchapter F, Chapter 21 Hearings. As mentioned above, anytime a district proposes to terminate a contract mid-contract, before the time specified in the contract has elapsed, you are entitled to a Subchapter F, Chapter 21 hearing. A Chapter 21 hearing entitles you to a number of procedural protections and appeal rights, to extensive to detail completely here. However, the most important thing is that you seek legal advice as soon as you learn that the district is likely to terminate your contract. Strict time limits, if not met, can prevent you from getting your hearing, which is a shame.

Under Subchapter F, Chapter 21, you are entitled to an independent hearing examiner, someone that is not employed by the district or associated with the district. In fact, independent hearing examiners cannot be associated with any school district, a teacher in any dispute with a school district, or an organization of school employees, school administrators, or school boards. Effectively, this means the hearing examiner, while a licensed attorney, will not be a school law lawyer. This is meant to ensure that the hearing officer is unbiased.

A Subchapter F, Chapter 21 hearing is like a mini-trial, which is why it is so important to get legal counsel. The hearing examiner may issue subpoenas for the attendance of witnesses and the production of documents at the hearing, may administer oaths, and rule on motions and the admissibility of evidence, among other things. Further, the hearing examiner may, and likely will, allow the parties to take depositions or utilize other forms of discovery before the hearing. At the end of the process, the hearing examiner will make findings of fact and conclusions of law, and a recommendation to the Board of Trustees. The central issue is usually whether there was good cause to support the termination. The Board may then accept or reject that recommendation. If you are facing a proposed termination, if you have requested a Subchapter F, Chapter 21 hearing, please contact us. You need to be represented by an attorney.

Employment Law

Most employers treat their employees fairly and have safeguards in place to address and correct violations of workplace conduct. In many cases, though, an employer may choose to deliberately violate or look the other way after inappropriate conduct.

Texas is an employment at will state. That means, if you don’t have a contrary employment agreement, a private employer in the state can terminate you for any reason or no good reason at all, so long as the employer’s reason is not specifically prohibited by law. Specifically prohibit reasons include race, age, sex, disability, religion, and national origin. That is, both Texas and Federal law, make it unlawful to discriminate against someone, in employment, on the basis of their race, age, sex, disability, religion, or national original. (Usually, these types of issues must be brought to the Equal Employment Opportunity Commission (EEOC) first, by filing a charge of discrimination within 180 days of the discrimination.).

Texas and Federal law also protect employees from retaliation for engaging in certain protected activities. For instance, under the Family Medical Leave Act (FMLA), workers are entitled, in certain cases, to twelve workweeks of leave, in a 12-month period. Taking FMLA leave is a protected activity. Thus, it is unlawful for an employer to deny you FMLA leave (assuming you are entitled to it and have properly applied for it, usually on the employer’s required form). Likewise, it is unlawful, in such cases, for your employer to fire you during your FMLA leave or to retaliate against you, after the fact, for taking FMLA leave. Other protected activities include opposing workplace discrimination, filing an EEOC Complaint, whistleblowing (in some limited cases), and exercising your lawful rights under the workman’s compensation laws.

Because the exceptions to employment at will can be various and complicated, you may need the advice of an attorney. We have a comprehensive knowledge of employment law issues because we represent both employees and employers. This knowledge helps us effectively represent our clients in negotiations or at trial.

We counsel our employment law clients with respect to any number of legal situations and related disputes:

  • Discrimination
  • Retaliation
  • Wage and Hour Claims
  • Sexual Harassment
  • Disability
  • Non-Compete
  • Severance Negotiations
  • Employment Leave
  • Employer Counseling

We actively provide detailed and extensive analysis of the pros and cons of each employment law case. We can determine if settlement or litigation is the most advisable approach for your case.

If you need legal assistance, whether you are a business or an individual, contact our experienced legal team. We can help. (210) 479-3195.

Living Trust

When you think of estate planning, you may think that all you really need is a will. Unfortunately, a simple will does not protect your assets or the people you love from the frustrating probate process.

If you want to keep your assets secure and make sure that they are passed on only to those people that you elect, you need to consider how you are going to make that happen.

Trusts can serve different purposes and can perform a variety of functions.

Establishing a living trust is one of the most popular methods of avoiding probate, paying less tax, and passing on your property. It also gives you the ability to set aside money to be used according to your wishes and protects your assets for the specific goals you identify.

The two primary advantages of revocable trust are that, unlike a will, a trust can go into effect and start working to your advantage the day that it is signed, and it can be used to avoid the costly and time-consuming probate process altogether.

A revocable living trust is often a valuable component to an estate plan. Since no two estates are the same, it’s important to discuss your personal situation with an experienced attorney from our law firm.

Contact Us Today for a Free Consultation

Whether your goals are primarily asset protection or probate avoidance, a living trust may be the best way to accomplish those goals.

Call us today to schedule a consultation (210) 479-3195.