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Posted by on Aug 14, 2017 in Employment Law | 0 comments

Diversity Fire

The workplace in today’s world can be a very daunting place, due to the competitive nature of work environments, it is possible for employers and supervisors to build a superiority complex that is damaging to not only the employee but also to the company as a whole. Employers who wrongfully terminate their employees for self-benefit are a specific example of the unjust practices that occur in today’s workplaces.

Texas is an employment at-will state. This status allows employers within the state to relieve employees of their duty for any lawful reason; however, this does not mean the employer can terminate an employee for any benign reason. This distinction is crucial because it lays the foundation for a competent case against wrongful terminations depending on the scenario. For these wrongful termination cases, the employee must be able to prove that they were fired as an act of some sort of discrimination or under false pretenses. In many cases, the vindictive actions of such employers can be proven in order to serve justice for the terminated employee. Typically the employee involved will have endured repeated harassment or other tense confrontational moments. Data released by the United States Equal Employment Opportunity Commission stated that there were 28,216 reported incidents of harassment in the workplace. A select portion of these incidents sought out reparations for their being taken advantage of and witnessed a payout of $125.5 million. Work spaces are a reflection of the increasingly diverse world we all share. As human rights efforts continue the great fight for equality of all individuals we are now beginning to witness the groups benefitting from the steadfast efforts of these organizations.

As countries such as the United States experience an influx in greater numbers of immigrants and their descendants our cities and office spaces are becoming evermore diverse. The rainbow of human appearance and the reality that we are each unique, yet interconnected by our common human experience can cause tensions for people who appear different than the majority. Human pride is the downfall in these tense situations.

In today’s volatile social climate it has become necessary to stand firm in what sets you apart from the mainstream. Human’s capacity for hate seems to know no bounds, but oddly enough so does the human’s ability to love. The future of our species is uncertain due to living in a world where any debate can become a tense argument filled with hate and ignorance.

In conclusion, almost every citizen must work in order to be a functioning member of society in the increasingly demanding world of employment. Wrongful termination can be a threat to minorities everywhere. If we as a species expect to outlast the hate that is stirring in modern political climates then we must educate people in and out of the workplace to be compassionate towards those that differ from you. Diversity is a meaningless occurrence without respect and inclusivity for our fellow man.

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Posted by on Aug 10, 2017 in Marriage | 0 comments

Divorce Disputes: Division of Property

Divorce can be a very challenging legal matter. It can involve a lot of disagreements regarding many subjects, such as child custody, spousal support, and division of property. Though it can be said that child custody is the most emotional subject, you shouldn’t disregard division of property, because it is your assets and liabilities we are talking about here.

How Properties Are Divided

But how are properties divided during a divorce? They are divided in two ways – community property and equitable distribution. The way will depend on your state. For example, according to the website of Higdon, Hardy & Zuflacht, Texas is a community property state. This means that Texas family courts utilize the rules of community property when it comes to property division.

What is community property and equitable distribution anyway? In community property, all marital properties will be distributed equally between you and your spouse. You and your spouse will also be able to keep properties that solely belong to their rightful owner, like gifts and inheritances.

In equitable distribution, the properties are divided in a way that is just, meaning the spouses will receive their rightful portion. Unlike community property, the division of properties is usually uneven, to favor a spouse that has contributed more to the accumulation and acquisition of these properties.

Community property and equitable distribution have advantages and disadvantages over the other, like how community property can result into unfair division for the person who has contributed more and how equitable distribution can put one spouse at a serious financial standing decline.

How to Protect Yourself from Unfair Division

But to avoid problems, it is best to have a prenuptial agreement. This is a document that can state what will happen in the event of a divorce, including how the properties will be divided. For example, in a prenuptial agreement, you can state which of your properties are not considered marital, so in the event of a divorce, your spouse will not have a financial right over these properties.

Also, you can protect your children from another marriage. During a divorce, your properties may unfairly be given to your second ex-spouse, so nothing will be left for your children from another marriage. You can use a prenuptial agreement to ensure that all your children will benefit.

Having a prenuptial agreement may sound insensitive, because even before the marriage, you are already assuming that you and your partner are going to separate. But that is merely an impression. You are just ensuring that you and your children will not get the short end of the stick, when a divorce does occur.

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