Smart Immigration Reform Still Seems to be on Hold

While the many meetings being held all over the U.S. dealing with immigration reform still seem to be producing positive feedback, there has still been no movement in Washington.

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.

Beware of Construction Site Injuries

Working on a construction site is possibly one of the most dangerous jobs in America today.

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.

Truck Crash Lawsuits on the Rise

Each year the number of heavy rigs traveling on America’s highways gets higher and higher. Along with more big rigs on the roads, comes the increased chance of tractor trailer crashes.

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.

Deceptive Trade Practices in Texas

Texas has their “act” together when it comes to misleading, deceptive or false business practices under the auspices of the Texas Deceptive Trade Practices Consumer Protection Act (DPTA).

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.

Are Limited Liability Companies in Texas a Good Idea?

Is the choice of a limited liability company in which to vest real estate a good idea?

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.

At Will Employment in Texas

At will employment can be a slippery slope toward discrimination.

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.

Texas Employment Complex

There are numerous forms of illegal discrimination recognized under Texas employment law.
Not a lot of people are aware of the many forms of illegal discrimination relating to employment law in Texas. Those forms include refusing to hire or promote an individual because of some protected characteristics. The second form is firing that person for those characteristics, otherwise called wrongful termination.

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.