She was up and walking around after only a few days in the hospital with the help of a physical therapist.

The model and fashion blogger, 23-year-old Lauren Scruggs, suffered head, shoulder and brain injuries in addition to losing her left hand. She had gone up in the small, two-seat plane to view holiday light displays around Dallas from the air. Her family speculated that she was trying to return to the plane to thank the pilot when she unknowingly walked into the spinning propeller. Scruggs is the founder of LOLO Magazine and LOLOmag.com.

Small-engine airplane pilots are saying it is rare to let a passenger out of the plane with an open propeller until the engine is cut off and the prop has come to a stop. The plane, an Aviat Husky, has an engine that is far louder than the propeller and it might have been difficult to know in the dark that the loud noise was the engine and not the prop, according to ABC News.

The pilot of the plane is a friend of the Scruggs family and Lauren’s parents have said they have no plans to take legal action against him. But passenger safety is generally regarded to be the responsibility of the pilot – even on the tarmac.

The Federal Aviation Administration is looking into the incident. There is no word whether the engine was running when Scruggs was hit or whether the propeller was powering down. Some pilots have speculated that since it did not kill her, it might have been powering down. It is rare to survive such a catastrophic event.

In many catastrophic injury cases blame can be difficult to place on anyone but the person who was injured. It has been speculated that in this case the pilot may be at fault since the propeller was still running when Scruggs left the plane.

The plane’s propeller struck Scruggs on her left side, fracturing her skull and her collarbone. She was able to open and use her right eye within days of the accident, but her left eye was still bandaged. Doctors said the left eye would be their next focus after they amputated her left hand. Scruggs damaged the globe of her left eye, but doctors were able to repair it in surgery.

Seth Wilburn writes for the Gomez Law Group, a Dallas employment lawyer and Dallas business lawyer. To learn more, visit Gomezlawyers.com.

The tax enacted in 2006 was the first in the state to require partnerships to pay a franchise tax, according to Bloomberg. The tax is not meeting expectations, and raising only about $4 billion a year for schools, prisons and other functions. Texas gets most of its revenue from property taxes, but since property values have been down, the state has had a revenue shortfall.

An insurance adjuster claimed that the tax acted like an income tax on some partnerships. In Texas, voters must approve of any new income taxes. The court found that a business tax does not apply to the partners in a partnership and the tax can stand.

This is good news for tax reform groups who think the Texas Supreme Court’s decision broadens the legislature’s ability to change the tax. Lawmakers had been waiting for a decision on the tax’s constitutionality before taking up tax reform in the legislature, according to the Austin American-Statesman.

Texas law has required a popular vote to enact a state income tax since 1993. The franchise tax came about after a 2005 Texas Supreme Court ruling declared the state’s education finance system was unconstitutional.

After the state’s Supreme Court ruling, the legislature slashed property tax rates and closed a loophole that allowed some businesses to avoid the franchise tax by changing how they were formed. The original idea was that the expanded franchise tax would make up for the changed property tax, according to the Fort Worth Star-Telegram.

The new wider-ranging franchise tax hit smaller businesses. An insurance claims adjusting company called Allcat Claims Service sued the state’s comptroller’s office saying the tax amounted to an income tax on individual partners. Some small firms argued the franchise tax is complicated and puts a costly compliance burden on businesses.

The Star-Telegram also reported that school systems are suing the state again because the financing system is creating unconstitutional inequities.

The court disagreed by a vote of 7-2. One of the dissenting opinions stemmed from the state legislature’s insistence that any challenge to the tax go directly to the high court and that the court be required to address it within 120 days. Justice Don Willett ruled that the court would overstep by acquiescing to the mandate.

Seth Wilburn writes for the Gomez Law Group, a Dallas employment lawyer and Dallas business lawyer. To learn more, visit Gomezlawyers.com.

Texas had been in second place behind the Tar Heel State for almost a decade, but edged to first place in November’s rankings. Texas claimed more than half of the inbound business relocations and about 40 percent of all the new jobs in the United States since 2009.

An annual study of corporate relocations by Atlas Van Lines showed 7,200 companies moved to Texas in 2010.

Part of the publication’s ranking comes from a close look at each state’s new and expanded facilities, total projects in relation to population, the state’s business tax climate and how each state did in the magazine’s “Competitiveness Ranking”, published in the spring.

The rest of Site Selection’s ranking criteria comes from comments from business owners themselves gathered in an executive survey. The publication heard repeatedly that Texas’ available workforce was a key component to choosing the state for a business location. But the magazine also heard that the state’s 2003 tort reform and comparatively low barrier to entry also played a big part. Some of the respondents said the state’s lack of an income tax played a role and others said the government simply makes it easier to do business there.

As Texas businesses climate continue to be attractive, so will Texas’ mergers and acquisitions activity. Across a span of industries from health care and technology to construction and real estate, a more vibrant business community feeds an appetite for acquisitions.

The magazine’s business climate analysis of Texas included a look at the top cities in each size category. Forbes Magazine published a list of Best Cities for Jobs. In that ranking, Texas owned the field.

In the small metro area category, Texas has three of the top five cities in the country. In the mid-sized metro area, Texas has three of the top five cities in the country and in the large metro area category, four Texas cities are in the top five in the nation, including Dallas.

The publication also looked at office space as an indicator of where companies are doing business this year. The analysis showed that Dallas is drawing relocating companies from California and the city expects more activity as the market continues to improve.

Executives at new companies, emerging companies and relocating firms all see Texas as a business-friendly environment where their business can grow and thrive, according to the magazine.

Seth Wilburn writes for the Gomez Law Group, a Dallas employment lawyer and Dallas business lawyer. To learn more, visit Gomezlawyers.com.

When an employee is let go and the company offers a severance package, there are a few things to remember about the process that could have an effect on that employee’s ability to move on to the next job.

Companies are not required to offer severance packages. About 60 percent of businesses in the United States have a formal severance plan policy.

Those policies are written to provide a soft landing for the exiting employee and legal protection for the company. In many instances, a severance package is the easiest way for a company to let people go quickly and quietly. Many companies require exiting employees to sign legal paperwork promising they will not sue the company for discrimination.

Attorneys suggest having a consultation before signing severance package paperwork. If there are any reasons an exiting employee may have to claim a discrimination suit against the company, the opportunity is lost once the paperwork is signed.

Company severance policies will outline who is eligible – salaried employees, hourly employees, contract workers, and more. The policy also likely explains the circumstances under which a severance is offered – involuntary reductions in staff – and what needs to happen for a severance to be withheld such as termination for cause.

The company policy likely will cover how the severance will be calculated – often a factor of length of service. And the company will have rules about what type of legal paperwork the exiting employee will be required to sign.

Severance package legal paperwork may also include non-compete clauses that could limit an employee’s ability to seek out a similar job in a similar industry.

Most corporate severance packages include some negotiable elements and exiting employees can sometimes get a better deal in the right circumstances. Compensation elements that can be negotiable include pay, unused paid time off and insurance.

All companies’ severance packages differ depending on the type of employee. For some employees, the offer will be two weeks salary. For higher-level employees it could be six months or a year’s salary. Many companies calculate an offer based on the length of service and level of employee.
Paid time off can be negotiable in some cases. If an employee has unused PTO and/or sick days, then a company may be willing to factor that into an offer. Occasionally, state law can require companies to pay for unused PTO.

Lastly, companies sometimes will require an exiting employee to waive the right to collect unemployment compensation benefits. There are many details in a severance package that should be carefully looked at it by an experienced employment attorney before signing.

Seth Wilburn writes for the Gomez Law Group, a Dallas employment lawyer and Dallas business lawyer. To learn more, visit Gomezlawyers.com.

Employees of Texas political subdivisions, or government groups that are confined by a specific geographic area like a water district, are exempt from retaliation laws set up to protect workers from being fired after filing a claim or complaint against the employer.

The court ruled in Travis Central Appraisal District v. Diane Lee Norman that Texas state law clearly leaves these political subdivisions exempt from the anti-retaliation law in the case of workers’ compensation.

In 2005, the Texas Legislature revised the Workers’ Compensation Act and broadly gave sovereign immunity to political subdivisions, according to the Insurance Journal. On this change, the judge in the case, Justice David Medina, reversed the court of appeals ruling. Because the reversal was based only on a law that focused on workers’ compensation cases, political subdivisions still are vulnerable to retaliation claims that stemmed from other filings like whistleblower suits.

The case helped to draw a sharper line between sovereign immunity and governmental immunity. Sovereign immunity protects the state and its boards and agencies, while governmental immunity protects specific political subdivisions like cities, counties and school districts.

The Travis Central Appraisal District originally held that the worker could not file a retaliation lawsuit until she had exhausted her other options administratively under TCAD regulations. The trial court rejected TCAD’s plea in part because Norman was a probationary employee to whom the grievance process may have been unavailable.

The appeals court heard the same argument from TCAD, but also considered the district’s claim that the political subdivision had immunity from her claim despite previous rulings to the contrary (City of LaPorte v. Barfield). The appeals court also rejected TCAD’s claim.

The Texas Supreme Court found that it was legislative changes to the state’s workers’ compensation act that gave immunity to the TCAD. The state’s Political Subdivisions Law requires that such entities pay workers’ compensation benefits to employees. An anti-retaliation rule was eventually adopted as part of the law.

Texas has an Anti-Retaliation Law that would have helped Norman, but Medina points out that the state has “tinkered” with the Political Subdivisions Law several times since the Barfield case, which the trial and appeals court use to decide Norman’s suit.

The Political Subdivisions Law changes include a broad statement that prevents sovereign immunity from being waived.

The Supreme Court dismissed the case and suggested that the state legislature revise the Political Subdivisions Law to be more specific in its wording.

A qualified employment attorney can help a company react to workers’ compensation claims within the law.
Seth Wilburn writes for the Gomez Law Group, a Dallas employment lawyer and Dallas business lawyer. To learn more, visit Gomezlawyers.com.

OSHA made clarifications to its Whistleblower Investigation Manual in September that open up avenues of access. Complainants now can file concerns in any language orally, in writing or on OSHA’s website.

A new requirement in the updated manual instructs investigators to make every effort to interview the whistleblower.

In the past 18 months, at least two organizations contacted government officials in writing – including Assistant Secretary of Labor David Michaels and U.S. Department of Health and Human Services Secretary Kathleen Sebelius – complaining that whistleblowers were not interviewed by OSHA investigators in their own case.

The new requirement could fix that issue. The investigator’s supervisor will now have to approve the attempts made to interview the complainant, according to OSHA’s website.

The new manual clarifies investigation protocol including how to conduct and record interviews with witnesses. It also expands guidance on how to deal with uncooperative witnesses. Increased training of investigators is a big part of the revised manual.

In September, OSHA held a whistleblower investigator conference and investigators now will take a two-week training course including webinars on food safety laws and amendments to the Sarbanes Oxley Act.

Some of the more sweeping changes in OSHA’s whistleblower investigation manual are internal. The Office of the Whistleblower Protection Program now will report directly to the Assistant Secretary of the Department of Labor. Previously, the Directorate of Enforcement Programs oversaw OWPP.

“The prospective of this restructure is to increase consistency, timely investigations, and better customer service,” according to the website.

OSHA recently hired about 25 new investigators. The administration has a new line item in the FY 2012 budget for the whistleblower program with a requested $6 million increase to fund 45 more investigators.

OSHA plans to significantly increase its visibility in the areas where the group gets the most complaints to provide education and compliance help, according to the website. To make sure complaints are handled in a reasonable timeframe, OSHA also modified and strengthened the audit program. The data collection program also was modified. The administration knocked out a backlog of 150 cases, according to its website. A new directive pushes for consistent and quick appeals too.

A qualified business law and employment attorney can help your company draft policies that will comply with OSHA regulations. Should an internal matter arise, a qualified lawyer can advise on how to conduct investigations and how to handle employees so that a company adheres to the laws.

Seth Wilburn writes for the Gomez Law Group, a Dallas employment lawyer and Dallas business lawyer. To learn more, visit Gomezlawyers.com.

Frye has been an active legal advocate and activist for the transgender community, championing transgender, gay and civil rights. For a long time, it was a crime in most cities across the country for anyone to cross-dress in public spaces. There have long been active city ordinances in place, which Frye helped repeal in 1980. Over 30 years ago, Frye risked to be arrested every time she entered City Hall.

As Associate Municipal Judge, Frye will be an Assistant Judge to City of Houston’s Municipal Courthouse, doing night court dockets and probable cause dockets on the weekends, and will also sit on low-level misdemeanor trials as a substitute judge.

Frye will continue to be senior partner at her law firm, Frye and Associates, who are well known for defending and advocating for the gay, lesbian, bisexual and transgendered community. So far, Frye is the third transgender judge in the nation (but the first in Texas). The other two judges are in California.

“Phyllis Frye is a very well-known radical transgender activist. We don’t think it is consistent with the values of the vast majority of the people. We think it is an anti-family lifestyle and agenda,” said Dave Welch, the executive director of Houston Area Pastor Council.

Many right-wing Christian groups were not happy to hear about Frye’s new position because they fear this might be a precursor of something much larger if and when Frye continues up the chain of judgeship, to the higher echelon of the court system.

“As we all know, municipal court judges are the first step in the elevation of different judgeships. They typically go on to civil district court judges or family court judges and beyond, so this is not a benign appointment. It’s a statement. It really is. We’ll be calling on the churches to stand up and be involved,” Welch said.

Seth Wilburn writes for the Gomez Law Group, a Dallas employment lawyer and Dallas business lawyer. To learn more, visit Gomezlawyers.com.

A complaint was made alleging the companies were exposing their workers to lead after the workers were found to be cutting lead cables being readied for recycling. OSHA launched an inspection on May 12 and found them to be repeatedly failing to comply with OSHA requirements, such as monitoring workers’ exposure to lead at various frequencies and for not notifying or supplying workers of the monitoring results.

According to OSHA, a serious hazardous violation is one that could have caused death or serious physical harm. Serious hazardous violations are the employer’s responsibility. In some cases, employers have already known or should have known of the potential risk to which their workers are exposed.

OSHA has many procedures to manage hazardous situations, from controlling hazardous energy, to implementing safer, flexible cords and using open-sided floors and platforms. In the instance of Fortune Plastic and Metal Texas LLC, procedures to prevent exposure to lead concentration higher than 50 micrograms per cubic meter for over an eight-hour stretch were not implemented, neither were work controls to reduce lead exposure to their workers.

OSHA states that lead exposure is one of the most common overexposure elements at worksites all over the nation; therefore, they treat lead exposure as top priority. OSHA puts violating companies on a national priority list, giving them 15 business days to comply with the regulations or request a conference to argue the citations.

Lead exposure affects human bodily systems and can cause various health impairments and diseases after long, acute exposure, or even after as few as several days. Being exposed to lead over several years is referred to chronic exposure. More severe and frequent medical symptoms increase with the concentration of lead in the blood.

Symptoms of lead poisoning include loss of appetite, stomach cramps, vomiting, constipation, nausea, insomnia, general malaise, moodiness, headache, joint or muscle aches, anemia, and low libido.

Severe lead poisoning due to occupational exposures can be as serious enough to cause fatalities. Long-term, chronic overexposure can have adverse effects on many bodily systems, such as the circulatory, urinary, nervous and reproductive systems.

Seth Wilburn writes for the Gomez Law Group, a Dallas employment lawyer and Dallas business lawyer. To learn more, visit Gomezlawyers.com.

Concerns of the unpredictable nature of wrongful termination claims and their increasing numbers will affect the state’s economy. The new bills intend to limit the amount of damages. They will also eliminate the cause of action for breach of contract to have it based on written employment policy in hopes of substantially reducing the volume of wrongful termination lawsuits.

However, discrimination cases will be affected if plaintiffs are required to sue under existing statutes when there is an available statutory remedy. It would force plaintiffs to sue under existing civil rights statutes, rather than the common law of wrongful termination.

Of course, termination should not be based on age, race, sex, religion, disability, pregnancy and national origin and should not use these characteristics with regard to promotions, assignments, termination and wages. It is also illegal to fire an employee for refusing to break a law, for filing worker’s compensation or discrimination claims, for following the company’s own stated policy, or in cases where it a contract states that the employer will implicitly not fire without cause.

Employers have been exposed to wrongful termination litigation from employees who have been with their company for some time. The median length of an employee’s employment when filing discrimination or retaliation cases is about seven years. Liability is lower with new employees.

It is important to note that there are things that employees can do to cover themselves in case of retaliation or wrongful termination. Documenting everything and keeping good records will help. Also, employees should take the proper channels and follow their chains of command to report incidents. They should also visit their local U.S. Equal Employment Opportunity Commission office. However, keep in mind that the EEOC and Human Resources is not the end all, be all, so contacting a qualified and experienced attorney would be the best bet to help one get the relief and compensation due for wrongful termination.

Seth Wilburn writes for the Gomez Law Group, a Dallas employment lawyer and Dallas business lawyer. To learn more, visit Gomezlawyers.com.

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.

“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.

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.

You’d think if a company had a trade secret they wanted to hold close to their chest, they’d have a process where they could register that secret to keep it undisclosed. There is no such process. Despite that, trade secrets are protected – at least that is the intent of the Uniform Trade Secret Act.

What happens when trade secrets are stolen or misappropriated? There are any number of ways in which a trade secret can be swiped. The best legal jargon used to describe one method is referred to as a “defendant using improper means of acquisition.” In slightly less polite terms, someone may have ripped off a trade secret from the place they were working, as a means of retaliation or making money by selling it to the competition. This type of information misappropriation can be completed via bribery, theft, spying (yes, spying is quite common in many industries) or misrepresentation.

There are several ways in which one could acquire a trade secret “properly.” These would include independent invention, licensing from the owner, acquiring it in a public forum if it is displayed or sold or through reverse engineering. Reverse engineering is an interesting process, as it means taking apart the original item or product and discovering how it is made.

It is quite the process and you need to be fairly determined to find out what makes something the success that it is. Think the secret recipe for Kentucky Fried Chicken; a trade secret people have been trying to reverse engineer for years, usually without a great deal of success. There have been some near hits, but apparently, the secret is still safe.

When it comes to trade secret disputes, most of them tend to be between an employer and employee. While that may sound pretty straightforward, it usually isn’t, as there are a great number of gray areas in these kinds of relationships. Most often the main problem is the fact that the agreement to keep the “secret” a secret is not as clear as it should be or there is no agreement dealing with keeping trade secrets. Obviously, this would create some difficulties when such a dispute came to a head, hence the need for a well seasoned Dallas business lawyer.

Let’s take a quick look at an example dealing with trade secrets that a company develops and a trade secret that an employee develops. John Doe works for a company that develops drugs. His job is to create them by working with various chemical formulas. He gets fed up with his current job and leaves to go to the competition. He will most likely be told he has to protect the first company’s trade secrets and not reveal them to his new employer.

On the other hand, if that same employee was not originally hired to do product development or product research, and during his tenure of employment developed a trade secret on his own using his own skills and knowledge base, there may be some dispute as to who owns it. This is yet another situation where hiring the services of a skilled Dallas business lawyer makes sense.

In situations like this, it’s usually best if the parties execute an employee agreement that specifically addresses the issue of confidentiality with regard to trade secrets and non-compete agreements.

Ty Gomez writes for the Gomez Law Group, a Dallas employment lawyer and Dallas business lawyer. To learn more, visit Gomezlawyers.com.

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.

“Did you know that as an employer, you are mandated to have a written agreement with all your workers? Yes, you can find employment agreements online, but they’re completely useless. Generally speaking, they don’t fit your situation and if you try to alter it, chances are you’ll get it wrong, which will mean legal problems later,” Gomez said. Typically, the agreement needs to outline the rights and obligations of the parties and the nature of the working relationship, hours of work and rate of pay.

There are a number of other things that need to be in an agreement, and missing any one of them can cause a whole world of hurt later, particularly if this is a management-level or higher position. Things are different for other employees in Texas, and one of the first questions to ask an experienced Dallas business and employment lawyer is: “How do Texas employment laws affect me?” The answer may vary depending on the position you currently hold or are about to assume.

Gomez Law Group is a Dallas employment lawyer and Dallas business lawyer. To learn more, visit http://www.gomezlawyers.com.

“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.

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.

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.

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.

“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.

Ever bought a car and thought you got a really great deal – until you added up the costs later? Beware of a very common scam car dealerships use to make extra cash from their customers; often as much as between $500 to $2,500. The amount you pay out toward the scam is largely dependent on what you are willing to spend. The really annoying and underhanded part of this consumer fraud scheme is that the money you get asked for later is money the dealerships recover from the factory. Put another way, you are being overcharged for something the dealership ultimately gets back.

Here is how this scheme works. You have haggled the price of your car down to what you are willing to pay. So far, so good. Then, you get hit with the line that the dealership is trying to recover their losses when they discount the manufacturer’s suggested retail price (MSRP). So, they attempt to tack that on to the price you have already agreed to pay. Many people do pay the extra $500 (or more) in something called “pre-delivery service fees.” This is a scam, because it’s these fees that the dealership can recover from the factory later.

Here is what the “prep” fees are supposed to cover: taking the plastic off the seats (not a terribly hard endeavor), double checking fluid levels, taking a vacuum cleaner to the interior and washing and waxing the exterior. All in all, that may take about 2 hours or so. If the dealer tells you that you have to pay for it, stick to your guns and say no, because this service is already included in the MSRP. If you “do” pay for it, the dealership has just pulled off the double collecting scam.

Surprisingly enough, this practice is fairly widespread, largely because consumers are not that well informed about how to buy a car and what fees are involved. What happens if your refuse to pay the prep fee? The best way to handle this situation is to just tell the dealership to credit you the amount of the prep fees on your contract. Many dealers will refuse, and that’s fine, as your next move is to walk out. You won’t be losing anything at that point.

Is this double collecting scam legal? Unfortunately, yes, it is legal for a car dealer to pad the prep fees on your final bill. However, if you “know” before you go that the prep fees are already included in the MSRP, you can save yourself anywhere from $500 to $2,500. If you have been a victim of this scam, report them to the Better Business Bureau and get the complaint on record. You may save someone else the hassle of being double billed for no good reason other than greed.

Ty Gomez writes for the Gomez Law Group, a Dallas employment lawyer and Dallas business lawyer. To learn more, visit Gomezlawyers.com.

For those of you who are considering buying a home, there are a lot of expenses involved and you need to know about them so you don’t get any nasty surprises later. Unfortunately, there is something else you should know as well and that is about closing fees kickback fraud. This is far more common than you might think, so make sure you are well informed about every financial detail you need to deal with during closing. If you have questions, then contact a Dallas business lawyer.

While federal investigators have put a crimp in several underhanded closing fees kickback rings, these scams/frauds are still rampant in the industry. Unfortunately, kickback fees are really simple for a less than honest real estate agent to pull over on an unsuspecting buyer. Try and avoid situations like that by being an informed buyer.

One way to pull off closing fee kickback fraud is to have a real estate agent set up a corporation that buys an interest in an escrow and title insurance company. Then, a group of rip-off artist home builders set up the same type of corporation and also have an interest in the escrow company. What happens next is the real estate agent and the home builders then refer their clients to their “own” title companies. The title company then pays a finder’s fee/kickback from a percentage of the title and settlement fees to the agent and builder. Slick as heck, not to mention unethical, immoral and illegal.

Padding closing fees is another area you need to be careful of when buying a house as well. Title companies, once they’ve already pulled off their kickback scheme, also tend to seriously pad closing fees. This type of fraud has the full attention of the Department of Housing and Urban Development (HUD). In fact, the department actually has a unit dedicated to real estate settlement oversight – a polite way to say scam/fraud.

Be on the lookout for failure to reveal the true settlement costs, if you get told at all. You need a HUD-1 before closing. If you don’t get it, watch out. You also need to be cautious about companies underestimating settlement costs. They could be doing this intentionally to deceive you. This is like bait and switch at some huge retail shops; you get attracted by a low upfront price which suddenly escalates once you are a customer.

There are many other things you need to be aware of when buying a house, including jacked up fees and kickbacks to the lender. When in doubt about what is going on during your house closing, contact a Dallas business lawyer. Not only will they be able to tune you in, but explain what you need to do to avoid being scammed.

Ty Gomez writes for the Gomez Law Group, a Dallas employment lawyer and Dallas business lawyer. To learn more, visit Gomezlawyers.com.

Things don’t get much worse than a toxic workplace where someone is deliberately withholding necessary information on a project, spreading vile rumors about a co-worker, destroying or stealing company equipment or handing classified information over to the competition. “Why would they be doing these things in the first place? Usually as retaliation against a real or perceived injustice,” explained Ty Gomez, an experienced Dallas employment and business lawyer with the Gomez Law Group.

Most often when retaliation is the flavor of the month, it is because someone is responding to a violation of trust or violations of interpersonal justice. “Let me explain. When it comes to breach of trust, that happens when expectations about another’s behavior aren’t met or when that person doesn’t act consistently with their values. In dealing with violations of interpersonal justice, the retaliation comes because someone was not treated in a manner that they expected to be treated – this may provoke real outrage,” observed Gomez.

Interestingly enough, when someone gets fired, it isn’t the fact that they got fired that usually is the flash point. It’s the fact that they may have been humiliated if the firing was done in a thoughtless and insensitive manner. Anger plays a very large part in retaliation if the firing or other disciplinary action was not done with respect or fairness. “In fact, over 80% of homicides that take place at work are the result of people who want to get even for treatment they consider unfair or unjust,” added Gomez, a seasoned Dallas employment and business lawyer.

A wise manager will also realize they need to treat their workers with respect, provide recognition, opportunities to grow, freedom from harassment, and other intangible feedback; the silent and unspoken things that workers and their employer follow without really thinking about it. Those are often the expectations in a workplace. If the reality is different and the manager is abusive, unrealistic, sarcastic and unresponsive to concerns, retaliation becomes a distinct possibility.

“If you’re faced with this nasty situation brewing in your workplace, it’s time to figure out what to do. It may also be time to talk to an experienced Dallas employment and business lawyer about what can alleviate the situation, etc.,” suggested Gomez.

Gomez Law Group is a Dallas employment lawyer and Dallas business lawyer. To learn more, visit http://www.gomezlawyers.com.

“Some people feel that trying to figure out a dollar amount for someone’s injuries, their pain and suffering and other economic losses is insulting; insulting because it reduces something so very personal and painful to cash. Others feel the victims likely played a part in their own accident and they should just take responsibility and get on with their lives. Granted that translating pain into an economic value may be controversial, but is the only way a victim can be compensated,” remarked Ty Gomez, who writes for the Dallas based Gomez Law Group.

Frankly, without the recourse of going to the courts for financial compensation for the negligent acts of others, where would society be today? The legal system that translates pain into money is the only system we have that works, and it’s going to be with us for many more years to come. Having said that, the next question we need to ask is how much is an injury case worth? “That is the million dollar question and one that a client would have no way of answering, but an attorney with experience handling catastrophic personal injury cases would. They would have information about how juries in the area in which they live have looked at these questions in the past,” suggested Gomez.

Most lawyers are able to evaluate injuries in a variety of ways. Let’s take an example of a simple case that may involve back and neck strain – otherwise referred to as soft tissue injuries – that will take time to heal. “So in cases like that, they factor in the length of treatment and the amount of medical bills. How they arrive at a final figure is dependent on other factors such as age of the person, lost wages, time off work and other considerations,” outlined Gomez.

Other injuries that are far more serious, such as bone fractures and ruptured discs or injuries that produce scars usually merit more compensation because the insurance company knows these can’t be faked. Soft tissue injuries are often regarded with a jaundiced eye for that reason.

Generally speaking, the severity of the injury affects or influences the settlement offer, as does the characteristics of the plaintiff – meaning a serious scar on the face of a younger, attractive woman may be worth more in the eyes of a jury than a scar on the hand of an elderly male, etc. “Each case is different and all the factors that make up each case are different as well. However, in order to get an idea of what your case is worth, you would ideally need to speak to an experienced personal injury lawyer,” Gomez advised.

Gomez Law Group is a Dallas employment lawyer and Dallas business lawyer. To learn more, visit http://www.gomezlawyers.com.

Qui Tam refers to a set of rules that lets people blow the whistle (a.k.a. Whistleblower legislation) on those who try to defraud the government. The fraud committed would violate the False Claims Act and those who do step forward and speak up about the illegal doings of others are often called relators. The plaintiff/relator may then bring a lawsuit on behalf of the US government. It’s important to note that none of this takes place unless the defendant has “knowingly” committed fraudulent acts against the government.

You’d be right if you guessed that cases like this are tough to prove, tough to pursue in the courts and tough on which to collect. However, having said that, for those that choose to stay the course, the rewards are often fairly lucrative, since in the event of a case win, the plaintiff gets to collect a relatively large amount of cash based on the total judgment.

The main benefits of Qui Tam law are that it protects the government when someone has been ripping them off, allows recovery of the ill gotten funds on behalf of the government, and pays quite well in the long run. If people didn’t come forward to report on other individuals who were cheating the government out of millions of dollars, there would be a whole lot of tax money washing away down the drain.

While you might think that the whistleblower would be in a tough spot for ratting someone out, the Qui Tam law protects the relator and makes it illegal to harass, fire, demote or otherwise create problems for the individual. They are also accorded some level of privacy relating to their identity. This law is applicable in all states and in various different forms, and if you are in a situation where you have evidence of fraud against the government, speak to an experienced attorney to find out what the whistleblower legislation says in your state.

Generally speaking, there is a fairly broad range of areas in which Qui Tam actions are filed, and they include Medicare fraud (billing for services not rendered); postal service fraud (faking the weight of parcels to not pay the full amount to the post office for services rendered); student loan fraud (lying to get more federal funds); and customs fraud (lying about the value of items being shipped).

If you have questions about Qui Tam law and how it may affect you if you do file a lawsuit, speak to a skilled attorney who will be able to answer your questions and outline what happens at every stage of the process.

Most injuries happen out of the blue; the result of a car accident, a slip and fall, a sports injury or being involved in an 18-wheeler accident. “The injuries sustained in instances like those may, in some cases, be classified as catastrophic or life altering when they totally disrupt an individual’s ability to earn a living or shake up their life in a horrendously painful and injurious manner. Injuries like these are the kind that need exquisitely balanced management in order for the victim and/or patient to be able to get home,” detailed Seth Wilburn, who writes for the Gomez Law Group in Dallas.

These types of injuries are often highly complex and involve one or more of a person’s body systems. It takes many people and many hundreds of hours to assist a person this badly hurt. Most often their goal is to go home and be as independent as possible; sometimes that just isn’t possible.

The other catastrophic consequence of an accident so bad that it debilitates the victim is the loss of earning power, and quite often, the loss of a job. The victim is suddenly left in the awkward position of having nothing to live on, nothing to pay bills with and no hope of being able to secure financial resources to allow them to live and get treatment.

In instances like this, you will need the services of a highly skilled Dallas personal injury attorney; an attorney with a track record in handling cases like this – one who is ready and willing to work with vocational and economic specialists, life care planning specialists and experts in rehabilitative medicine.

“Claims like this are complex and complicated and require special knowledge on how to economically evaluate the injuries. The economics of catastrophic injuries are such that the client or plaintiff needs to secure enough money to live and pay medical bills for the rest of their life,” Wilburn explained. The goal? The goal is to get the client the best possible future out of the ashes of what was once a normal, happy and active life.

There are so many types of catastrophic injuries that a book could be written about them, but suffice it to say that the most common ones tend to be paralysis, amputation and burns. “If you have been in an accident and your whole life just went down the tubes, you need to seek legal help to secure your future. There are no ifs, ands or buts about that,” suggested Wilburn.

Gomez Law Group is a Dallas employment lawyer and Dallas business lawyer. To learn more, visit http://www.gomezlawyers.com.

Most often people associate the term whistleblower with someone who “rats” out someone else for not doing the right thing. While in general that is about what it amounts to, it is far more important than that and whistleblowers serve a very important function in today’s society. They are bellwethers of a company’s actions, an indicator that all is not well in corporate land.

Thanks to whistleblowers and whistleblower legislation, workers may report inappropriate or unsafe work conditions to authorities – and may “not” be punished for doing so. This takes a whole lot of guts to pull off, and at one time there wasn’t much protection for people who were brave enough to stand up for what is right. Over the years, the federal government realized they needed legislation to protect the rights of those who spoke up and out about wrongdoing.

What are some of the more common reasons an employee would take their employer to the authorities? There are a fairly wide variety of reasons, but most commonly, attorneys who do this type of work tend to see employees blowing the whistle on unhealthy or unsafe work conditions, illegally using federal funding or illegal activity, and negligent behavior.

When someone takes the chance to stand up and speak out against wrongdoing, the federal government would be remiss if they didn’t offer those individuals some protection. Those who do speak up are going to ultimately benefit the federal government by usually recovering a significant amount of money for them – or rather on their behalf.

If you happen to be in a sticky situation at work and want to do something about it, but aren’t sure what kinds of protections may apply to you, check out the Occupational Safety and Health Act, the Federal False Claims Act, the Whistleblowers Act applicable to your state, and the Sarbanes-Oxley Act. If you do proceed to report and get fired or are the target of retaliation, you have the right to sue your employer. To do that you will need to contact a Dallas employment lawyer.

If you are in a situation like this, you will want to talk to an experienced Dallas employment lawyer to find out precisely what your options are and what your rights are under the various acts. You will need someone in your corner to fight this action for you, as it is the law that any actions taken under the Whistleblowers Act must be handled by an attorney.

Seth Wilburn writes for the Gomez Law Group, a Dallas employment lawyer and Dallas business lawyer. To learn more, visit Gomezlawyers.com.

When you stop to think about it, it makes sense that most businesses and enterprises have secrets; secrets that protect how they do business, how they make their product, what methods are used and not used, and what inventions they may have. These are the things that they want to hold close to their chest, because if the information got out, they’d be competing against themselves with another company who acquired their information.

Rather than lose their competitive edge, companies with trade secrets make every effort to keep them and have been known to sue people who knowingly sell or accidentally give away critical information about how they do business. This deliberate subterfuge or accidental gaff is a form of unfair competition and those that are doing business in the marketplace are expected to do so fairly – meaning not resort to stealing another’s secrets. If you don’t understand how this works, talk to a seasoned Dallas business lawyer and find out. Better safe than sorry later.

Thankfully there is an Act in place that provides protection against those who get product formulas, techniques, devices, methods and secrets by less than honest means; means which include theft, spying via some form of electronic wizardry, spying by other means (perhaps the old-fashioned way), breach of duty, convincing someone else to breach their duty, misrepresentation, and forking over pots of money to bribe someone for the secret(s). This is where the Uniform Trade Secrets Act comes into play.

The basic kernel of the Act is that if someone profits from ill-gotten information, then unfair competition may exist. Keep in mind that this Act will also mete out punishment if the economic benefit is potential or real; and furthermore, this applies even if the person who stole the secret(s) doesn’t attempt to take advantage of that knowledge.

This is another area of the law that will allow punitive damages, much like some cases in the area of personal injury. For personal injury, punitive damages are awarded for really gross negligence; when dealing with stolen trade secrets, punitive damages may include financial damages, royalties and shared profits. In other words, stealing someone’s secrets is a serious matter and the law doesn’t mess around to make its point when it comes time to own up.

Courts may even grant injunctions to force a company to stop selling an item or service that came about as the result of a stolen secret. These are the things you need to know before you breach an agreement, either on purpose or unwittingly, and any Dallas business lawyer will tell you that right up front on consultation.

Another way that companies work to keep their secrets secret is to ask that workers and contractors sign a confidentiality agreement and spell out in that contract what will happen (including punitive measures) if those secrets are stolen. If a worker breaches the agreement, the company may be able to launch a lawsuit against the person to stop their information from getting out.

When in doubt about what is and what is not a trade secret, or what your agreement says and means, take the time to talk to highly qualified Dallas business lawyer and get the real scoop on what you need to know.

Seth Wilburn writes for the Gomez Law Group, a Dallas employment lawyer and Dallas business lawyer. To learn more, visit Gomezlawyers.com.

“There likely isn’t one business or industry that doesn’t have secrets about how they do business and about their products that they don’t want spread all over the place. After all if you are in business and want to stay a leader, you want to protect your products, methods, techniques and inventions from your competition and the public at large,” outlined Seth Wilburn, of the Gomez Law Group, a Dallas employment lawyer and Dallas business lawyer.

The fact is that many companies go through unbelievable contortions to protect their trade secrets and have been known to take legal action against people who have sold those secrets (on purpose) or accidently gave away critical information about how business is conducted. Stealing trade secrets is definitely classified as unfair competition; a slap in the face of the ‘usual’ way business is to be done in the marketplace.

“It’s generally accepted in the marketplace that businesses competing for the same customers are expected to use fair assessment of the market, their product, and assess the buying trends of customers; not lie, cheat, steal, manipulate and resort to spying to get what they want,” added Wilburn. “In fact, the Uniform Trade Secrets Act was created to offer protection against getting ahold of formulas, devices, methods, product secrets and techniques, and other business assets by improper methods – meaning stealing,” he explained.

The Act outlines several things that are considered to be “improper” and they include, electronic spying, or spying by any other means, breach of duty, misrepresentation, bribery, theft and inducement of a breach of duty. Those definitions are intentionally broad, as stealing company secrets can take place in many, sometimes bizarre ways.

It goes without saying that if the person who sells the “secrets” they stole and makes money from that transaction, then it is definitely unfair competition. Under the Act there is a section on punishment if the benefit the thief derived was actual cash or the potential to make money.

Here is another thing that not too many people realize: infringing on a secret may also have punitive damages assigned, including financial damages, royalties and shared profits. The court may also grant an injunction forcing a firm to stop selling anything they got or created as the result of stolen trade secrets,” Wilburn explained. Additionally, recoverable damages may also include loss of revenue as a result of the theft of secrets and come with penalties for the person being unjustly enriched because they stole something.

“This is an interesting area of the law, and if you have had trade secrets purloined from your company, you may want to find out what your rights are and what can be done to protect your company from the resulting loss,” added Seth Wilburn, of the Gomez Law Group, a Dallas employment lawyer and Dallas business lawyer.

Gomez Law Group is a Dallas employment lawyer and Dallas business lawyer. To learn more, visit  “http://www.gomezlawyers.com“

“Typically speaking, if you have a really broad non-competition clause in your employment contract with a worker, the less enforceable it is. If however an employee has access to trade secrets, highly confidential company information and gets paid extra money for the non-compete clause, you have a better chance enforcing it in court,” said Seth Wilburn, of the Gomez Law Group, a Dallas employment lawyer and Dallas business lawyer.

In order to be able to actually enforce a non-compete agreement, the employer/company must have a legitimate business interest that needs protecting. This interest needs to be more than just the threat of competition. “It should include proprietary information about the company and/or products, the protection of company trade secrets and insider information on competitive positioning. This insider information may give an employee an unfair advantage,” commented Wilburn.

Having an unfair advantage is about more than just competition and the non-competition agreement. The agreement may come under attack if the worker does not use the actual trade secrets he knows, but just admits to having general knowledge of things he has learned.

The other issue in many non-competition contracts is soliciting customers. Some companies write in a clause in the contract that bans a worker from offering services or contacting customers that are currently with the company. “It’s interesting to note that the courts are more likely to enforce a non-solicitation clause than they are to uphold a no contact or no service clause. The reason for this is that the court regards those two clauses are being anti-trust violations and therefore anti-competitive because it doesn’t give the customer a choice,” Seth Wilburn of the Gomez Law Group, a Dallas employment lawyer and Dallas business lawyer added.

When it comes right down to it, distinguishing between non-solicitation and solicitation is somewhat difficult largely because it is subjective. In some cases it would be obvious if there was solicitation particularly if a phone call or letter were involved. However, advertising in the paper isn’t considered to be solicitation – because it gives consumers a choice.

“If you have questions about a non-competition agreement you signed, specifically if it’s enforceable, talk to a skilled business lawyer to get honest answers,” said Wilburn.

Gomez Law Group is a Dallas employment lawyer and Dallas business lawyer. To learn more, visit “http://www.gomezlawyers.com” .

Generally speaking, most people are honest and play it straight when it comes to dealing with mortgages. However, having said that, there are crooked mortgage brokers, cheating home buyers, dishonest real estate agents and brokers, and less than honest real estate investors. If you have the misfortune to run across one or more of these individuals, you may be in trouble; something you want to avoid.

Right now financing is fairly easy to secure in order to take advantage of some good deals on homes, but buyers need to beware of getting into hot water. If a buyer gets a loan, they can get some super deals right now. However, can they get that loan? It seems some buyers make up the numbers or take other risks to get the money, and while that doesn’t sound like such a big sin, it is mortgage fraud. Other ways you can commit mortgage fraud are to take money out of the bank and pay off a debt, but not tell the lender; buy a vehicle just before the loan closes and say nothing about it and/or get more credit for something/anything and don’t tell anyone.

Other ways that fraud happens is when a buyer makes any kind of an agreement the bank doesn’t know about (called a side agreement); when an adjustment is made at closing and isn’t shown on the HUD-1 settlement statement; or when part of a down payment/closing costs comes from sweat equity.

There are so many things that constitute mortgage fraud, it may surprise you, simply because you didn’t stop to think about things like the fact that you borrowed part of the down payment, you quit or started a new job and said nothing to the bank, or if you don’t actually move into the house after you have certified to the bank you are intending to be an owner/occupant.

Mortgage fraud is really easy to do but not so easy to reverse and the Real Estate Settlement Procedures Act is painfully clear on how a closing is to proceed, even more so with one that is subject to financing. The bottom line is that “any” statement you make to the bank which isn’t the whole truth and nothing but the truth has the potential to be considered fraudulent. This includes changes in your health, racking up high medical bills, or buying that dream car and not mentioning it.

Just as an increase in salary needs to be reported, so does a decrease. This applies on those loans aimed at low income buyers. It’s clear that if the borrower makes more than the limit allowed, he doesn’t get the loan. Even if you get a major hike in salary just before you close, you need to tell the bank that as well.

At each stage of the process of getting a loan and buying a house, there are many opportunities to be dishonest and just as many to get ripped off by someone else. If you have questions about the process, have been ripped off or have been accused of mortgage fraud, you will want to speak to a competent lawyer and find out what your rights are and what you can do.

Seth Wilburn writes for the Gomez Law Group, a Dallas employment lawyer and Dallas business lawyer. To learn more, visit Gomezlawyers.com.

Qui Tam refers to a set of rules that lets people blow the whistle (a.k.a. Whistleblower legislation) on those who try to defraud the government. The fraud committed would violate the False Claims Act and those who do step forward and speak up about the illegal doings of others are often called relators. The plaintiff/relator may then bring a lawsuit on behalf of the US government. It’s important to note that none of this takes place unless the defendant has “knowingly” committed fraudulent acts against the government.

You’d be right if you guessed that cases like this are tough to prove, tough to pursue in the courts and tough on which to collect. However, having said that, for those that choose to stay the course, the rewards are often fairly lucrative, since in the event of a case win, the plaintiff gets to collect a relatively large amount of cash based on the total judgment.

The main benefits of Qui Tam law are that it protects the government when someone has been ripping them off, allows recovery of the ill gotten funds on behalf of the government, and pays quite well in the long run. If people didn’t come forward to report on other individuals who were cheating the government out of millions of dollars, there would be a whole lot of tax money washing away down the drain.

While you might think that the whistleblower would be in a tough spot for ratting someone out, the Qui Tam law protects the relator and makes it illegal to harass, fire, demote or otherwise create problems for the individual. They are also accorded some level of privacy relating to their identity. This law is applicable in all states and in various different forms, and if you are in a situation where you have evidence of fraud against the government, speak to an experienced attorney to find out what the whistleblower legislation says in your state.

Generally speaking, there is a fairly broad range of areas in which Qui Tam actions are filed, and they include Medicare fraud (billing for services not rendered); postal service fraud (faking the weight of parcels to not pay the full amount to the post office for services rendered); student loan fraud (lying to get more federal funds); and customs fraud (lying about the value of items being shipped).

If you have questions about Qui Tam law and how it may affect you if you do file a lawsuit, speak to a skilled attorney who will be able to answer your questions and outline what happens at every stage of the process.

Seth Wilburn writes for the Gomez Law Group, a Dallas employment lawyer and Dallas business lawyer. To learn more, visit Gomezlawyers.com.

In what many term as the greatest frustration of the century, immigration reform advocates are still bemoaning the fact that not much is really being done about smart immigration reform in the Capitol. The grassroots feedback seems to still be fairly positive, but since no one sees any real movement on the issue, the question then becomes whether or not immigration reform, as proposed in the election campaign, is really going to happen.

The politicians are evidently committed to the notion of comprehensive immigration reform, but have been sidelined and blindsided by the health reform debate as well. Health reform is another contentious issue that when bundled with immigration reform has the potential to cause a rip-roaring debate on many levels, involving everyone from the next door neighbor to the highest ranking man in politics, the President.

While the country is thinking it’s great that there seems to be some tentative movement on immigration reform, they’re beginning to wonder “when” that reform will really take place. It has evidently been derailed by coming changes to the health system for 2010; although the stated intention has been that immigration could get revamped in 2010 as well. That might be difficult to achieve since the dollars needed for immigration are also needed for health care reform. And so the debate, without resolution, continues.

Many Americans are wondering what happened to the goal posts of comprehensive immigration reform; the hard and fast deadline of Labor Day (past) that came and went with no changes implemented. Others are wondering what happened to the supposedly detailed strategy that was to be put into place this year. On the other side of the fence is the fact that despite promises of immigration reform, the wall to separate the U.S. and Mexico is still being built at an enormous expense for the nation. Of course this issue deals with enforcement, not solving the question of reforming immigration and how it is done.

The bottom line here is that while there is a lot of repetition covering previous promises to pursue smart immigration reform, there has been nothing new since those promises were made. What is the future of smart immigration reform for the US? The question still remains out there – unanswered.

Gomez Law Group is a Dallas employment lawyer and Dallas business lawyer. To learn more, visit http://www.gomezlawyers.com.

No one knows better than construction workers how dangerous their jobs are on a daily basis. The number of built in hazards prevalent on a job site are phenomenal and the most dangerous accidents usually relate to lifting and moving heavy equipment and parts. Because of the heavy use of such equipment, it only stands to reason that Occupational Health and Safety statistics indicate that slings, used to move heavy materials, and how they are handled during moving, is “the” major cause of workplace injuries and accidents.

Most of the slings in use across the nation at construction sites are made of wire rope, chain and nylon. If the workers don’t have a good enough understanding of how these slings work properly and how to handle the materials being moved, each time something is moved is virtually an accident waiting to happen. It may also be viewed as negligence on the part of the employer if they do not have the proper safety standards in place or instruct their workers on how to handle materials in the proper manner.

For instance, nylon slings are not only strong, but have a certain elasticity. When bearing a heavy load, these slings tend to absorb shock and return to their original shape after release, much like an elastic band. This characteristic makes this material ideal for repetitive lifting, etc. They handle moisture and most chemicals (alkalis) and may be used inside or outside, rain or shine, and in temperatures of up to 180 degrees F.
When working with nylon any adjustments to be made to the sling are very simple. The trick is to make the adjustments correctly and not overload the sling on a continuous basis. While this type of sling material does provide a warning when it’s getting damaged (red indicator yarn) there have been cases where the sling was kept in use past being safe. The results were not pretty for the worker injured when the material being moved fell on him.

Chain slings don’t have the same abilities as nylon and are prone to snap unexpectedly. They need to be inspected prior to use for flaws and signs of wear and tear. If this is not carried out on a regular basis, or if the sling is used for loads that crush the sling itself, it compromises the integrity and safety of the apparatus. Again, an improperly cared for sling may result in disastrous consequences for those working on the job site.

Wire rope slings are a combination of twisted wires over a fiber core, each with a different degree of flexibility and damage tolerance. They are susceptible to fraying and moist conditions and if they are used well past their safety tolerance, accidents can and will happen. While there are a great number of alternatives for sling, hitches, baskets, etc. that may be used on construction work sites, all of them still need to be respected for their potential to cause deadly harm. Parts and any equipment is replaceable, people are not.

If you or a loved one has been involved in a construction site work accident, make it a point to talk to a highly skilled personal injury attorney with experience in handling cases such as this. Any severe life altering injuries may be eligible for compensation from the courts. Your lawyer will be able to advise you of your rights.

Seth Wilburn writes for the Gomez Law Group, a Dallas employment lawyer and Dallas business lawyer. To learn more, visit Gomezlawyers.com.

It seems like everywhere motorists look while they’re on the highway they’re behind a big truck, passing one or cutting back in front of one. Virtually every fourth vehicle spotted on the roads these days is a semi hauling a big load. The more trucks there are weaving in and out of highway traffic, the more accidents are bound to happen.

It’s inevitable than when a 40 ton truck hits another passenger vehicle there will be numerous liability issues, which is a major reason to speak to an expert personal injury lawyer with experience in this area of the law. The circumstances of the case need to be evaluated and legal rights explained to either the survivor or the survivor’s family.

The reasons a truck crash lawsuit are so different than many other personal injury cases has to do with the number of potential defendants. This could include everyone from the trucker to the trucking company and from the load owners to the owners of any pups being hauled. In instances like this, the personal injury attorney will be alleging the truck accident was caused by the negligence of the trucker.

When this happens, often the trucking company assumes the liability for the driver’s actions under a doctrine of the law referred to as respondent superior. That simply means employers are liable for employee negligence if, when the accident happened, the worker was doing something ‘within’ the scope of his or her job.

While this sounds like it might be fairly straightforward, it rarely is that way. For example, there are a variety of definitions as to what an employee is and this may be the key to these cases. Many employers and their attorneys try to deny liability for a big rig crash by saying the driver was not an actual employee.

This kind of scenario was recently played out in another state where a plaintiff filed a suit against a trucking company and the driver. Their response was the driver didn’t work for them because he was a leased driver, and therefore they were not liable for the accident.

This argument is known as the borrowed servant defense which means when the trucking company gave the trucker a big rig to drive, they surrendered control to him. In doing that, the idea is that he is solely responsible for the negligence that caused an accident, not the company.

These types of cases tend to be very tricky and convoluted. This is why it only makes good sense to deal with an expert personal injury attorney who knows the ins and outs of the court system, how to collect the evidence needed to make a case and most of all, who knows the parties that need to be sued in instances like this.

Gomez Law Group is a Dallas employment lawyer and Dallas business lawyer. To learn more, visit http://www.gomezlawyers.com.

What this boils down to is it’s illegal to discriminate against someone because of their age, race, sex, religion, national origin or because they have a disability. There are a number of other forms of discrimination recognized by Texas courts.

Interestingly, even though Texas state law does not specifically list sexual orientation as an illegal reason to fire a person or decline to hire them, it may be improper under certain circumstances to ask about an applicant’s sexual orientation or ask about their family life. On the other hand there are many personal traits and characteristics that are not protected.

An employer has every right to not hire a person with a criminal record and may also terminate a worker they discover with a record. This should not be confused with being “accused” of a crime. The mere accusation does not make the person guilty, which brings up another point you should know about – it being illegal to ask about arrests or accusations during the initial job interview. They only thing they may ask about are convictions.

Potential employers are also permitted to ask whether or not you need special equipment or accommodations to do your job – for instance a larger screen to see text because your eyesight isn’t very good, or an extra space at a desk for a wheelchair. If your need is not “reasonable,” it may not be discrimination if you are turned down for the position.

In Texas, like most states, workers are considered to be employed “at will.” In other words, the employee can end the employment relationship at any time without prior notice. On the other hand, in most instances, the employer can terminate the employee at any time without notice as long as the reason for termination is not an “illegal reason.”

As with most things pertaining to the law, there are numerous exceptions to the at will employment relationship. One exception is where the employee and employer sign an employment contract that limits either party’s ability to end the employment relationship. For example, the contract might provide a specific time period of employment or that the individual may only be let go for certain reasons.

The important thing about contracts is that the words that are chosen matter and many employment contracts are written differently. That means in order to understand what your rights are under an employment contract, you must be able to understand the legal meaning of the provisions it contains. The best way to do that is to take your contract to a qualified lawyer who can read and understand what it means.

Seth Wilburn writes for the Gomez Law Group, a Dallas employment lawyer and Dallas business lawyer. To learn more, visit Gomezlawyers.com.

Many people across America have lost their jobs in the face of this dreadful recession. Many of them needed to be laid off or let go because the company they worked for could no longer afford to pay their wages. Downsizing or resizing has become common and the consequences are devastating for those who lost their employment, as well as their families.

The underlying question here is whether or not a person lost their job due to the poor economy or for other nefarious reasons having to do with prejudices, illegal cost-cutting in the workplace, retaliation or blatant discrimination. Have you been terminated legally or do you suspect that something else was going on and you were wrongly fired? If you feel you were discriminated against in some form or other, then contact a Texas employment law attorney right away. While these cases may be difficult to prove, depending on the circumstances and how quickly you call a competent lawyer, you need to be made aware of your legal rights and discuss the case with someone who knows the law intimately.

The one strike you will have against you if you have been let go is that your employment, unless you have a contract, is “at will” which means you work for your employer as long as they want you and until they choose to fire you at any time for pretty much any reason. Mind you, this also means you may leave anytime you would like as well.

This doesn’t mean that you are not protected. You have the rights and guarantees of many laws which include: Chapter 21 of the Texas Labor Code and Title VII of the Civil Rights Act (1964) backing you up. These laws deal with the illegality of discrimination based on age, sex, national origin, color, race or religion. There are other laws that specifically state you may not be denied work if you have a disability; may not be terminated if you are asking for unpaid leave under the Family and Medical Leave Act; are refusing to perform an illegal act for your employer and/or if you are blowing the whistle on fraud, safety violations or environmental issues where you work. If you happen to have an employment contract in place, then you may have protection from termination under certain circumstances.

Again, look to the economy to understand the main reason behind the high numbers of jobs being lost. Take a closer look and you may also find employment discrimination going on. Consider the most recent statistics from the Equal Employment Opportunity Commission in Texas that state they investigated roughly 13,000 more complaints in 2008 than in 2007, and there were 95,402 charges issued against employers last year.

The hidden side of the numbers doesn’t show that sometimes when an employer is faced with cutting a portion of his staff, they may make some of those decisions based upon an improper bias. On the other hand, these numbers also reflect an increased level of awareness on the part of those who have been terminated; that they may have been fired for the wrong reasons, thus prompting them to file a complaint or lawsuit.

Do you feel that you have been wrongly terminated? If that is the case, speak to an experience attorney who will ask you the right questions to evaluate your case, find witnesses who may be able to verify your story, and assist you if your case gets to mediation or a courtroom.

Seth Wilburn writes for the Gomez Law Group, a Dallas employment lawyer and Dallas business lawyer. To learn more, visit Gomezlawyers.com.

When it comes to choosing the form of company to hold a portfolio of real estate investments there are a number of choices, and they may be confusing without asking a knowledgeable attorney. Generally speaking, a good choice for a company intending on vesting real estate holdings is the limited liability company (LLC).

The major reasons someone might wish to choose a LLC are because it tends to limit personal liability but maximize asset protection, which is always a good thing. LLCs are a good choice to confidently organize an investment business and there may be some nice tax benefits, one of which is a one-time tax on member’s profits.

A business entity such as a limited liability company is considered to be a separate legal entity that has a life of its own. It has certain rights and duties it needs to carry out. It is responsible for filing a tax return on its own. In other words the limited liability company is independent, and because it is viewed that way, it needs to be at arm’s length in terms of being properly “legal.”

In other words, the company “must” have and keep a separate character because if it does not, the owner of the business runs the risk of being personally liable for actions taken by the company or its agents and workers. This is known as the legal doctrine of piercing the corporate veil.

If the company doesn’t follow these “corporate formalities” such as maintain all required records, pay taxes, hold meetings and have a bank account it uses regularly, then the owners may lose the benefits and protections the company was designed to create. In an instance such as that, the courts could allow a creditor to go after the owners personally and disregard the company, as it would be considered to be a personal “alter ego” of the owners.

This is the one area where most investors go wrong when they set up their companies. They go through the motions, but don’t really do much else to make the company a “real” company, thus leaving the door open for personal liability.

If a client wants to start a business in Texas, we often recommend that they form a exas LLC because of the legal protections and benefits it provides. However, the specific circumstances and needs of each client are different and this is a decision that is best made in consultation with a business attorney.

The attorney will cover other requirements that may need to be dealt with such as filing a DBA certificate, choosing the right company name, separating the company assets from personal assets and other issues that may arise under the circumstances presented. Clients should also consult with their CPA or tax attorney about the tax issues related to the business entity they choose.

Gomez Law Group is a Dallas employment lawyer and Dallas business lawyer. To learn more, visit http://www.gomezlawyers.com.

While the act may have a long name and even longer reputation, it carries a clout on which Texas consumers can rely. Generally speaking, the DPTA is rather controversial and is constantly bombarded with a stream of legal interpretations and legislative changes, nonetheless it still provides Texans with the security of knowing that businesses must be accountable to them and adhere to ethical standards.

This particular act doesn’t just demand accountability for individual consumers, it holds all companies and businesses up to scrutiny and offers guidelines relating to fraud, breaches of warranty and false statements. So if someone went to a grocery store and they were misled by advertising about a product or bought an expensive painting at an art gallery, and it was a fake, consumers may be protected.

One of the reasons that the DTPA is so successful is because its provisions are applicable to most businesses or entities that engage in “any commerce or trade.” Of course this is also the reason why it gets “interpreted” rather frequently. Without getting too complex and legal, what the Act does is cover the sale, lease and distribution of just about all goods and services. It does not, however, cover professional advice. What that means is, if someone is asked for their professional opinion – say a licensed antique dealer about the authenticity of a painting – and their opinion turns out to be wrong, they can’t be held liable for being mistaken (whether someone relied on that advice or not).

Other terms in this Act make it illegal for any business or person participating in “trade or commerce” (which is fairly straightforward) to carry out “unconscionable conduct” (which isn’t that straightforward). The unconscionable conduct provision has caused a lot of grief over the years merely because of disputes over what that phrase means. One favored reading is that this is an act of behavior that takes advantage of a person in an unfair manner. Unfortunately, lawyers could and have frequently driven a truck through the holes in that definition.

Typically that particular definition has been used in court cases to refer to making false statements about how a product was made or its origin; misrepresenting the benefits of a product/service; passing off used products as being new; misleading or false advertising and fibbing about whether or not something needs parts or repairs. There are other situations where the definition of unconscionable conduct applies, and that is usually dictated by the facts of the case at hand; E.g. hiking prices on goods after a disaster.

In cases where an individual feels they have been misled or defrauded, it’s best to speak to an experienced attorney and discuss the details of the case. Knowing what one’s rights are goes a long way toward being an informed and aware consumer.

Gomez Law Group is a Dallas employment lawyer and Dallas business lawyer. To learn more, visit http://www.gomezlawyers.com.