Practice Areas
The Schulman Law Firm, P.C. is a Texas professional corporation, founded in 1986. The Firm presently serves clients and attorneys through consultations, transactional services, arbitration, mediation and litigation throughout the State of Texas, including Dallas, Fort Worth, Houston, Lubbock, San Antonio, Corpus Christi and the Rio Grande Valley and in the State of Florida.
The Schulman Law Firm, P.C. accepts cases generally in the area of employment and personal injury law, small business representation, wills, guardianships and probate.
Practice Areas
Descriptions of Practice Areas
- Age Discrimination - Workers over 40 and older are protected by The Age Discrimination in Employment Act 29 U.S.C. §§ 621, et seq. and the Texas Commission on Human Rights Act, Texas Labor Code,§ 21.0015 from discrimination in employment due to their age. The Schulman Law Firm, P.C. accepts carefully screened age discrimination cases.
- Americans With Disabilities Act - 42 U.S.C. §§12101 et seq. and Texas Commission on Human Rights Act, Texas Labor Code, §§ 21.0015, et seq. under some circumstances, prohibits employment discrimination against an individual with a disability or who is perceived as disabled or who has a history of being disabled. The Firm accepts carefully screened disability discrimination cases.
- Arbitrations - Many employers now require their employees to sign binding arbitration agreements as a condition of employment which constrain employee access to federal and state courts. The Schulman Law Firm, P.C. can ably represent your interests before an arbitrator, or if appropriate, challenge the enforceability of an arbitration agreement.
- Breach of Contract - The firm drafts contracts, including employment contracts, sues to enforce them for clients and defends breach of contract claims.
- Civil Appeals - The Schulman Law Firm, P.C. prosecutes and defends civil appeals in both federal and state courts.
- Constitutional Claims - You may have constitutional protections related to your employment, personal injuries and daily life based upon the principles of due process, equal protection and freedom of speech or association. The Firm accepts carefully screened constitutional claims against public entities such as state and federal governmental entities including cities, counties, public hospitals, school districts and school districts.
- Defamation -Generally speaking, defamation is the act of injuring someone's reputation by making a false statement to a third person, either orally or in writing. Defamation claims are often combined with other employment related claims, particularly in the context of claims brought by professional level employees such as attorneys, nurses or teachers where public perception about an employee's skills or talent can seriously affect their employability. The Firm accepts carefully screened defamation claims.
- Deceptive Trade Practices Act - Texas Business & Commerce Code §§ 17.44, et seq. protects consumers against false, misleading or deceptive business practices, unconscionable actions and breaches of warranty. D.T.P.A. claims are often combined with claims of breach of contract and breach of warranty, fraud, misrepresentation or negligence. The Firm accepts carefully screened D.T.P.A. claims.
- Equal Pay Act - 29 U.S.C. §206 provides that employers shall not discriminate between employees on the basis of sex in regard to wages. The Firm accepts carefully screened Equal Pay claims.
- Employment Contracts - Employees such as sales people, nurses, doctors, attorneys, artists, musicians and other professionals can often benefit from legal assistance in drafting, negotiating and enforcing written employment contracts. If you need assistance in negotiating, drafting or interpreting an employment contract, please contact the Firm for consultation and evaluation.
- E.R.I.S.A. - The Employees Retirement and Income Security Act, 29 U.S.C. 1001, et seq. is a broad ranging federal statute which regulates many aspects of employer-employee and plan relationships with regard to pensions and benefits such as disability, health and life insurance plans or policies. The Firm accepts selected ERISA cases involving a range of issues including failure to pay benefits properly.
- Family Medical Leave Act - Commonly known as the F.M.L.A., 29 U.S.C. §§ 2601-2654 provides eligible employees with the right to take an unpaid medical leave for 12 weeks per year because of a serious health condition or in order to care for immediate family with serious health condition, or because of the birth, adoption or foster care needs of an employee's son or daughter. The F.M.L.A. also guarantees reinstatement to the same or similar job to covered employees. The Firm accepts carefully screened F.M.L.A. cases.
- Federal Tort Claims Act - 28 U.S.C. §1346 (b) imposes liability on the United States for serious personal injury or wrongful death caused by the negligence of a government employee while acting on behalf of the United States. If you have a personal injury claim involving the United States, please contact the Firm for consultation and evaluation.
- Medical Malpractice - Doctors and other health care professionals can be negligent and that negligence can have catastrophic consequences. The Firm accepts carefully screened malpractice cases involving serious personal injuries or deaths.
- Merit Systems Protection Board - A wide variety of employment related issues with regard to federal employees are decided by the Merit Systems Protection Board after a formal hearing before an administrative law judge. The Firm can represent you in an administrative MSPB hearing or appeal an unfavorable result obtained at the hearing stage.
- The National Labor Relations Act - The National Labor Relations Act 29 U.S.C. §§ 151, et seq. is one of the federal laws addressing employee/employer relations both inside and outside of collective bargaining by unions. Employees are generally permitted to engage in concerted activities, with or without a union for their mutual aid or protection. If you have a claim involving protected concerted activities, please contact the Firm for consultation and evaluation.
- Non-Competition Agreements - The enforceability of a non-competition agreement is limited by statute in Texas. The Firm can assist you in evaluating preexisting or proposed non-competition agreements to determine whether they are enforceable and, if so, to what extent.
- Pregnancy Discrimination Act - By this Act, Congress amended the Title VII of the Civil Rights Act of 1964, to extend its anti-discrimination protections to pregnant employees. The Firm accepts carefully screened claims related to pregnancy discrimination.
- Premises Liability - Land owners and occupiers often have a duty to keep their premises free of danger or warn others of dangerous conditions. If you have a claim involving death or serious personal injury due to a premises defect, the Firm can evaluate your claim and represent you if appropriate.
- Products Liability - In Texas, designers, manufacturers and, to a lesser extent, sellers of products may be held civilly responsible for injuries caused by those products. Examples include manufacturing defective or impure products or failing to give adequate warnings or instructions for the use of products. If you have a claim involving serious bodily injury or death caused by a defective or unreasonably dangerous product, the Firm may be able to assist you in pursuing a damage claim.
- Race Discrimination - 42 U.S.C. § 1981 provides that all persons shall have the same rights to make and enforce contracts as the rights to contract enjoyed by white persons. This statute is commonly applied to employment and other race based claims brought by persons of any race. 42 U.S.C. 2000(e) Title VII of the Civil Rights Act of 1964 prohibits employment discrimination on the basis of race color, religion, sex, or national origin. The Texas Commission on Human Rights Act, Texas Labor Code,§ 21.0015 also forbids employment discrimination on the basis of race color, disability, religion, sex, age or national origin. The Schulman Law Firm, P.C. prosecutes and defends claims of discrimination based upon race, color, national origin, sex, age and religion.
- Review & Analysis of Insurance Documents - If you have an insurance claim, the Firm can assist you in understanding your rights under your insurance contract as well as in evaluating any position taken in response to your claim by the insurer.
- Sexual Assault Claims - Texas recognizes two forms of assault which may lead to civil claims for money damages. First, an intentional, knowing or reckless contact with the body of another person which causes injury is considered an assault. Further, an intentional or knowing threat of imminent bodily injury which causes apprehension or fear to the threatened person is also considered an assault under Texas law. On occasion, the Firm accepts claims involving assaults, particularly in the context of employment or business relationships.
- Small Business Representation - Whether drafting corporate entity documents or dealing with business related disputes regarding leases, business transactions, employee disputes or consumer disputes, The Schulman Law Firm, P.C. can provide your small business with efficient, fairly priced representation.
- Surface Transportation Assistance Act - The Surface Transportation Assistance Act 43 U.S.C §§ 31105, et seq., forbids retaliation against employees for reporting an illegal or unsafe condition or for refusing to commit a violation of law. If you operate a commercial vehicle in your employment, you may be protected from retaliation from your employer by this Act. The Firm accepts carefully screened claims brought under the Surface Transportation Assistance Act.
- Texas Health & Safety Code
- Uniformed Services Employment & Reemployment Act - 43 U.S.C. Title 38, §§ 4301-4333 generally provides that employees called to active duty (including Reserve Guard training) must be reinstated to their former civilian employment without loss or pay grade or rank. This Act also generally prohibits retaliation against any employee because of his or her military status or because he or she invokes or relies upon the protections of this statute. The Firm accepts carefully screened claims brought under the Uniformed Services Employment & Reemployment Act.
- Vehicle Accidents - The Schulman Law Firm, P.C. prosecutes and defends negligence and other claims arising from vehicular accidents, especially cases involving serious personal injury or death.
- Wage & Hour Claims - Unless you are an exempt employee, you may be entitled to overtime rates for hours worked per week in excess of 40 hours. Most employees in the United States are also entitled to be paid a minimum wage. If you believe you are not being paid properly, please contact The Schulman Law Firm, P.C. for a consultation.
- Wills, Probate & Guardianships - A competently drawn will can ensure protect family assets and minimize tax burdens upon your survivors. The Schulman Law Firm, P.C. can assist you in drafting and general estate planning, including drafting a will that meets your needs. The Firm also can assist in probating an estate in an efficient and cost effective manner or in establishing a guardianship for the benefit of a minor or incompetent adult.
- Whistleblower Claims - §§554.001 et seq. of the Texas Government Code forbids retaliation against a public employee who, in good faith, reports a violation of law by his employer or another public employee to an appropriate law enforcement authority. Similarly, the Texas Health & Safety Code §§ 161.134, et seq. and 242.133 forbids retaliation against any employee of a hospital, mental health facility, treatment facility or nursing home who reports a violation of law. The Firm accepts carefully screened whistleblower claims.
- Workplace Injuries - The Firm prosecutes and defends workplace injuries where the involved employer does not have workers compensation insurance. If you were injured on the job, please contact The Schulman Law Firm, P.C. for a consultation.
The statements and information provided on this web site are for the information of the recipient only. This site is not intended to provide legal advice and no attorney-client relationship should be deemed to arise from the receipt this page and/or its associated pages.
Copyright © 1997-2007. All Rights Reserved.
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