Types of Benefit Claims You May Have Filed that Others Might be Able to Review

• Unemployment case filings;
• A request for state or federal Social Security disability benefits;
• All workers compensation filings;
• Any bankruptcy proceedings;
• All divorce and child custody court proceedings;
• Arrest, conviction and probation records; and
• Past EEOC and other employment discrimination actions or case filings.

Your past employer’s defense attorney will make every effort to discover inconsistencies or errors in any paperwork you may have filed during recent years. In some ways, it’s actually that person’s job to try and paint you as an irresponsible individual who rarely handles your own problems in an appropriate manner. Furthermore, all of your past statements regarding your ability to work and cope with your disabilities will be closely examined. Many plaintiffs are surprised to learn how much potentially damaging, personal information they’ve provided while involved with many of the government or legal proceedings referenced above.

While there are no guarantees, you can always ask your San Antonio employment lawyer to find out if any records pertaining to your past legal proceedings can be ruled confidential – thereby preventing your past employer’s attorneys from reviewing them. If you’ve got any serious adult criminal convictions in your past, you’ll need to seriously weigh whether exposing all of that information about yourself still makes it worthwhile for you to continue you with your lawsuit.

If you’re not currently represented by an attorney, please fill out the form on the page below so that San Antonio family lawyer Russell Amsberry can contact you to set up a free, initial consultation regarding your case.

A prenuptial agreement is a written contract signed by both parties before entering into a marriage. This contract generally describes all of the property and assets owned by each party, as well as their debts, and it delineates what the property rights will be for each partner after they are married. But in order for this contract to be valid, it must comply with rules and regulations.

The most important factor to take into consideration when drafting a prenuptial is separate legal representation for each party. A court is more likely to enforce such an agreement because it indicates that each party understood the contract before it was established.

Additionally, it is not a good idea for one attorney to represent both parties in drafting the premarital agreement. In order to avoid any problems, for the parties as well as the attorney, it is crucial that each party retains their own attorney.

A prenuptial agreement may not sound very romantic during the honeymoon stages prior to the wedding. However, divorce is very common. Having a written agreement before the fact of a divorce can provide a form of stability and reason for divorcing partners. But if you are planning on preparing a premarital agreement, make sure you are properly represented by a San Antonio family lawyer, as should your partner.

For a free initial consultation with dedicated San Antonio family lawyer Russell Amsberry, simply call at (210) 354-2244.

Early on in your divorce, your San Antonio family lawyer will probably need you to list for him all assets that you and your spouse have and all debts you have. The combination of the two is called the “marital estate.” The “marital estate” is all of the couple’s assets minus all of their liabilities. The term “liabilities” is another word for debts owed by the couple. This basic formula is used by all family law courts to calculate a couple’s “marital estate.” The “martial estate” is what will be divided between you.

During your divorce, your San Antonio family law attorney will be legally required to disclose all of your assets to your spouse’s attorney and vice versa. If you refuse to provide the necessary information to your spouse’s attorney, you will be penalized heavily by the court. Some courts have provisions stating that if a spouse fails to disclose an asset and it is discovered after the divorce, that asset will be given to the other spouse.

If the asset is discovered before the divorce is final, the spouse hiding the asset can still be penalized. The judge presiding over the case may decide to award more assets to the spouse who did not hide assets. In addition to this, the failure to disclose assets damages the credibility of the spouse hiding the asset. A lack of trust can seriously hinder your San Antonio family lawyer’s ability to negotiate a reasonable settlement.

You should not worry about trying to place monetary values on your assets when you disclose them. You also should not worry whether or not the asset is “marital” or who will end up getting it. The important thing is to provide complete information at the outset. Once all of the assets are disclosed, preliminary values can be placed on them.

If you need assistance with a property settlement or any other aspect of divorce, contact San Antonio family law attorney Russell Amsberry for a legal consultation. Mr. Amsberry is experienced in litigation, mediation, arbitration, and collaborative law and can assist you in advancing your rights using any of these dispute resolution methodologies.

Among the many reasons why you may want to avoid arbitration is that you lose most of the advantages of a jury trial. No jury of your peers will hear your case. Instead, an arbitrator listens to the evidence, which as will be seen shortly can prove problematic. Also, your rights to discovery are restricted in the sense that you are very limited in the kinds of evidence you can receive from the employer/defendant.

The arbitrators, themselves, tend to favor the defendant. You will never find an impartial arbitrator. This is because the company arbitrators work for is essentially in the pocket of employers. How can this be? Employers will generally hire the same arbitration company, and often rely on the same arbitrator, each time an employment discrimination case comes up. The arbitrator, then, becomes beholden to the employer.

A further reason arbitrator decisions usually favor employers is that if they award high damages to the plaintiff, they won’t be used again, perhaps by any employer. No matter how strong a case you have, or how much you have suffered from the employer’s discrimination, you will not gain a large settlement.

Finally, if you seek arbitration, your rights to an appeal will be extremely limited. This is true, even if a blatant error is law is committed.

If you have suffered discrimination by your employer, or if you have another issue for which you are seeking a settlement, it may be useful to hire competent legal representation. Contact experiencedSan Antonioemployment attorney Russell Amsberry for a review of your case.

The first thing you should remember is to put your children’s welfare and emotional needs first. Try to make sure they can develop as normally as possible in the abnormal circumstances of a divorce.

During the divorce, both parents should try to maintain as regular and as normal contact with the children as possible. You should try to make the time you spend with your children pleasant for both you and your children. This will help them maintain positive relationships with you and your spouse.

Even though you may be distracted by the divorce and the many changes it has brought to your life, try to make time to create rituals and memories with your children. You can start a hobby together or learn something new together. This will help reassure your children during what is sure to be a difficult time for them.

The time spent with your children does not have to take place only in the children’s home. If finances are a consideration during the divorce, go to free recreational activities, such as the library, the park, the beach.

Make sure that, in addition to recreational time, you also include “responsible” time. This means that you should schedule time to take care of routine responsibilities with them such as grocery shopping, laundry, and other tasks. This helps them maintain a sense of normalcy.

You and your spouse should try to work out a schedule for time spent with the children and keep it at your homes. Make sure the children are aware of it and know when they will spend time with you or your spouse.

Keep in mind that these are guidelines and not hard and fast rules. These guidelines are not intended to answer every issue that will arise during your divorce but they are helpful to keep in mind. If you continue to have difficulty even with these guidelines or feel you need more help, you should mention it to your San Antonio family law attorney. He may be able to direct you to professionals and places that will help you.

If you would like to speak with an experienced San Antonio family law attorney about a divorce or any other family law matter, contact The Amsberry Law Firm at (210) 354-2244.

• The first component of a budget is historical costs.  These are costs that were incurred prior to the couple deciding to divorce.
• The second component is current costs.  These are costs that are being incurred during the divorce process.
• The third and final component is future costs.  These are costs that will be incurred after the divorce is completed.

Drawing the lines between the different types of costs is not always easy.  The lines can get very blurry and that is where a San Antonio family law attorney can be helpful.  Often historical costs are used to anticipate current costs and historical and current costs can be used to predict future costs.  For example, the spouses may agree that rather than selling their house, one of the spouses will live in it after the divorce.  It is not a stretch to say that the utilities costs during the divorce process will probably be similar to the historical cost of the utilities.  It can also probably be said that the current cost of the spouses’ utilities is a good predictor of the future utilities’ cost.

It is important to remember that costs that are, or historically have been, incurred by one spouse, but not the other, will not need to be included in both parties’ budgets.  For example, if the wife has a gym membership or expenses for doing her hair and nails regularly, those costs will be included in her budget but not the husband’s budget.  Sometimes it can be difficult to determine whether costs are incurred by both spouses or just one spouse.  This is where the lines can get blurred and a San Antonio family law attorney can provide assistance.  The attorney is not emotionally involved in the situation and can provide an objective opinion.  Most importantly the attorney can help to ensure that full disclosure is made by his client and the other spouse.  The most important part of the divorce process is making sure that there is full disclosure by both parties.

If you are considering divorce or have been served with divorce papers, get assistance from an experienced San Antonio divorce attorney.  Contact Russell Amsberry at (210) 354 2244.

To place a value on an item, there needs to be evidence to support that value. There are different types of evidence with each type have varying degrees of credibility.

If your case is going to be tried in court, your San Antonio attorney will want the most credible evidence to support your position because the more credible your evidence, the more likely the court is to accept your valuation of the item.

However, if you and your spouse are working to reach a settlement in a mediation or collaboration, the evidence of value need not be the best available. All that is necessary is that you both are satisfied by the evidence. When parties have a good relationship, they can generally agree on values based on less credible evidence. When the relationship is contentious, usually more credible evidence is needed.

The best way to explain this is by way of example:

Let’s assume that one of the assets a couple must value is a car. Depending on the relationship of the spouses the valuation may require inclusion of some or all of the following types of evidence:

Least Credible – Representations of the spouses. Each spouse states, without any support, what they think the car is worth.
More Credible –Analysis. The parties may turn to the “Blue Book” to place a value on the car.
More Credible – Appraisal. A person trained in car appraisal is paid to assess the value of the car.
Most Credible – The car is sold. This is the most reliable method of determining the value of the car.

If the husband and wife still get along well they may agree on the value of the car upfront or may agree on the “Blue Book” value of the car. If they have a contentious relationship they may need to have it appraised or may even need to sell the car and simply divide the profit.

If you have questions about the valuation process or need assistance in obtaining a divorce, contact San Antonio family law attorney Russell Amsberry for a legal consultation.

The Defense Attorney’s Reasons For Taking Your Deposition

The defense attorney wants to learn everything you know that is even just a tiny bit related to your case.  This is why he or she will not only ask you questions that are clearly related to your lawsuit but also questions that appear to have nothing to do with your lawsuit.  Often a defense attorney’s questions may seem objectionable to you because they do not appear to have anything to do with your case.  Despite your misgivings, you should still answer his questions unless your attorney objects and instructs you not to answer.  Keep in mind that courts generally allow great latitude in a deposition and that is why the attorney can ask questions that do not appear to be related to your case.

Some examples of questions that are obviously related to your case that you will be asked during a deposition are:

1. How long were you employed by the defendant?
2. Did you receive any performance reviews?

Some examples of questions that may seem unrelated to your case are:

1. Who did you work for before working for the defendant?
2. Have you ever sued anyone before this case?
3. Have you ever been convicted of a felony?

What Will Happen At the Deposition?

Your deposition will be an informal proceeding.  It will not be in a courtroom or in front of a judge or a jury.  Rather, it will take place at the office of the defendant’s attorney.  You will be seated at a conference table and your attorney will sit beside you.  The defendant’s attorney will sit across from you.  The court reporter will be seated between you and the defense attorney.  She will have a stenography machine and will be typing everything said in the deposition.  There may also be someone recording a video of the deposition.  He will likely be positioned across from you.

When the deposition starts the court reporter will have you swear an oath to tell the truth under penalty of perjury.  This means that even though the proceeding is informal, you are still held to the same standards of honesty that apply in an actual court.  The defense attorney will then start asking you questions.  Make sure you listen to the actual question that is asked and answer it without volunteering any unnecessary information.  If your San Antonio employment attorney thinks the question is objectionable, he will object.  You should still answer unless your attorney tells you not to answer.  The defense attorney may ask you if you are going to follow your attorney’s instruction.  You should answer, “Yes.”

If you think your employer has violated your rights, contact a San Antonio employment attorney at The Amsberry Law Firm for a legal consultation.

The theory of the case

The list of possible theories of your case is exactly what it sounds like.  It is a document listing the legal theories of liability for your case as well as any legal defenses your employer may assert.  Your San Antonio employment attorney will be able to develop a list of theories after you have completed the “cast of characters” and “chronology/timeline.”

The list of theories will include both state and federal statutory claims as well as common law claims.  It will include any legal claims under federal laws such as Title VII (which prohibits employment discrimination based on race, color, religion, sex and national origin), the ADA (Americans with Disabilities Act), the ADEA (Age Discrimination in Employment Act), and the FMLA (Family Medical Leave Act).  It will also include state or common law claims such as assault and battery, fraud and deceit, negligent and intentional infliction of emotional distress, breach of contract, defamation, and other claims.

Do not be surprised if the list of theories includes claims that you had not even considered.  Sometimes plaintiffs think they have strong cases under one particular theory but in actuality they have a better case under another theory.  For example, it may turn out that a plaintiff with weak allegations of sexual harassment may have an excellent defamation case. Similarly, a plaintiff’s poor failure-to-accommodate case could have a powerful wage and hour claim.

If you think you are being harassed or discriminated against by your employer, contact The Amsberry Law Firm for a legal consultation.  Our firm handles employment law matters at all stages of a dispute from workplace investigations and prelitigation advice to litigation in state and federal courts. To contact an attorney at our firm about an employment law matter, call our San Antonio law office at (210) 354 2244 or contact us by e mail.

Cast of characters

The “cast of characters” is a document that identifies all of the people involved in your case.  It will include not only your witnesses but also all of the defendant’s witnesses.  It also includes contact information for each witness, such as work, home and cell numbers, fax numbers, addresses, and e-mail addresses.  The “cast of characters” will also list comprehensive background information for all witnesses.

YourSan Antonioemployment lawyer will be using the “cast of characters” to contact all potential witnesses and to determine whether those witnesses will help or hurt your case.  You should be honest with your attorney regarding witnesses’ background information and any testimony you think the witnesses will provide.  Do not hold back on information.  If anything, you should be over-inclusive.  In addition to favorable information, the document should also include any derogatory information about the “characters.”  This will help yourSan Antonioemployment attorney determine what facts can be used against your employer.  That is why you should tell your attorney if you think a witness will be a “friend,” “foe,” or if the witnesses’ allegiance is unknown.

Chronology/Timeline

The chronology is essentially a timeline of the events in your case.  It is a document that explains your career path with your employer and exhaustively details the events leading up to your decision to sue your employer.  It also provides any other information that you think is pertinent to your case and that your attorney should know.  The chronology should include your hire date, the dates of any promotions or raises, and your performance evaluations.  You should also include any bonuses and any verbal or written criticisms or warnings.

Your San Antonio employment attorney will discuss with you in detail the events giving rise to your lawsuit.  He will want to know if you were subjected to any harassment or discrimination.  He will want to know the dates of those harassing or discriminatory acts, who was involved, and whether you complained to management.  He will also want to know if anyone retaliated against you for complaining to management.

It is also important that you include any negative events that occurred in the course of your work history.  Even if you think that the events are trivial or will harm your case, you should still include them in the chronology.  This is because the legal meanings of “harassment,” “discrimination,” and “retaliation” are often different than what a layperson understands them to be.  These legal terms encompass a broad array of actions that a layperson might not otherwise think of as being included.

If you think your employer has violated your rights, contact The Amsberry Law Firm at (210) 354 2244 to schedule a consultation with a knowledgeable San Antonio employment lawyer.