Legal Insights

Injured at Work: Suing Outside of Workers’ Compensation

Workers’ compensation is a form of insurance designed to provide benefits to workers injured in the workplace, in exchange for employees giving up their right to sue their employers in civil court for negligence. When you are injured in the workplace, workers’ compensation pay-outs are typically the only form of compensation you are entitled to; however, there are certain situations where there may be additional remedies available. For example, if your employer does not carry workers’...

Legal Issues When Hiring a Non-Clinical, Licensed Home Healthcare Worker

Many elderly and handicapped people have physical limitations that render them unable to perform daily tasks without the assistance of a home healthcare worker. Typically, home healthcare workers can help older and handicapped people perform these tasks, including bathing, dressing, and toileting, as well as cleaning, grocery shopping, meal preparation and transfers to and from a bed and/or wheelchair.  There are many options for hiring home healthcare workers, including going through ...

Should My Employer Pay Me for After-Hours Calls and Emails?

The answer to whether your employer needs to pay you for answering emails or telephone calls after regular work hours depends on how you are classified as an employee. There are two classifications of employees – “exempt” and “non-exempt” employees.  Exempt or Non-Exempt Employee? Exempt employees are exempt from the minimum wage and overtime laws, while non-exempt employees are subject to those laws. Exempt employees are usually executive, administrative, or professional e...

How to Avoid Probate

Probate is the process that the court uses to bring an individual’s legal and financial affairs to a close after his or her death. The process can be expensive and time-consuming, even if the person has a will. But there are steps that can be taken to ensure that some or all of the person’s property do not go through the probate process. (To learn more about the probate process in general, see our post, “What Is Probate?”). In many states, property below a certain value can be exempt...

Attorney Content Marketing: What Types of Content Should You Create?

What does it take to find success in content marketing as a lawyer? What kind of content should you create and promote in order to turn strangers into readers, readers into leads, and leads into clients? After developing a website, optimizing the website, and creating an effective bio, the next major step in developing business online is content marketing. Below is a basic overview of the tactics and media you can use to fill your website with content and get your online business developmen...

What to Do Before, During, and After an IRS Tax Audit

A tax audit can be a nerve-wracking event, but the more prepared you are, the better the outcome is likely to be. (To learn about the basics of IRS tax audits, see our post, What You Need to Know about IRS Tax Audits.) Below are some steps to take before, during, and after an IRS audit to obtain a favorable result. Before the Audit You will learn you are being audited when you receive an IRS audit notice in the mail. The audit notice will include a date by which you must schedule an audi...

Social Host Liability Laws

Social host liability is a legal concept that holds a person who hosts a party or gathering responsible for injuries that occur as a result of providing alcohol to guests. If a host supplies alcohol to minors or excessive alcohol to anyone, and that guest is involved in or causes an accident, social host liability laws allow the person who suffered injury to recover damages and can result in the host facing criminal charges.  What are social host liability laws? As stated, social host ...

What is Probate?

Probate is the process that occurs after a person’s death, when the deceased person’s debts are resolved and their remaining assets are distributed. The probate process differs depending on whether the deceased had a will or not, as explained further below. Will If the deceased had a will, the probate process includes validating the will, taking an inventory of the deceased person’s assets, appraising the value of the assets, satisfying all taxes and debts, and distributing the rema...

Mediation in Child Custody Disputes

When parents make the decision to separate or divorce, custody issues are usually the most difficult to resolve. In most cases, both parents want to be an integral part of their children’s lives, so reaching a custody agreement can be difficult. Child custody cases can be long, drawn out, and adversarial, especially in the midst of a divorce. However, mediated custody agreements are increasingly popular with separating couples, and can offer a less stressful, time consuming, and expens...

What You Need to Know About IRS Tax Audits

A tax audit can be random or it can be based on underreporting of income, failure to file a return, or under-paying taxes owed. This article will provide basic information on the types of IRS audits, the timing of audits, and the reasons for conducting an audit. Types of IRS Audits There are several different types of IRS tax audits, and any audit can result in interest, fines, and penalties being assessed after the audit, so each audit type must be taken seriously. A correspondence audi...

What Does Your Homeowner’s Insurance Cover?

Insurance policies are convoluted and difficult to understand, so it’s important to know what is and is not covered under a standard homeowner’s insurance policy, and when you might need to purchase additional coverage. What Is Included in a Typical Homeowner’s Insurance Policy? There are several different parts of a homeowner’s insurance policy. First, the policy covers the home or dwelling itself, and damages that may occur to the interior or exterior of the home. For example, if...

Sick Animal Liability: Pet “Lemon” Laws

Getting a new pet should be a joyous occasion. Pets are often a significant investment of time, resources, and emotions. Pet owners bond with their pets, and they typically become a part of the family. Unfortunately, people sometimes purchase pets who are later found to be diseased or defective. Many states have developed pet purchase protection laws, also known as “puppy lemon laws,” to protect pet purchasers and prevent breeders and sellers from profiting off the sale of pets in ba...

Obtaining Refugee or Asylum Status in the United States

Asylum and refugee status are legal protections available to people who have left their home country out of fear for their safety. Typically, refugee and asylum status are granted to people who have been persecuted or fear they will be persecuted because of their race, religion, nationality, and/or membership in a particular social or political group. The primary difference between refugee and asylum status is where you apply for the protection. People outside of the U.S. apply for refuge...

Non-Disclosure Agreements

What is a non-disclosure agreement? In its simplest form, a non-disclosure agreement (“NDA”) is an agreement that creates a legal obligation of privacy or confidentiality among the parties to the agreement to protect confidential or proprietary information shared between the parties. It is generally used when parties are entering into, or considering entering into, a business agreement and trade secrets or other highly sensitive or confidential information (i.e. financial information) wi...

Child Custody Types

When a child is born out of wedlock or the child’s parents are divorced or separated, custody arrangements – whether entered into voluntarily or ordered by a court – determine who will live with, care for, and make decisions for the child. Each state has different rules for how custody is determined, but the same general principle applies in most states--custody is determined based upon what the court finds to be in the best interest of the child. There are two main types of custody ar...

Partnership Agreement Fundamentals

If your business is organized as a partnership, a written partnership agreement is a necessity. The purpose of a partnership agreement is an attempt to address areas where confusion or conflict might arise, and to determine in advance – and in writing – how those issues will be resolved, and who will be responsible for resolving them. Ideally, the partnership agreement should be prepared at the beginning of the partnership. Nevertheless, existing partners who do not already have an agree...

The Basics of Assault & Battery

In 2015, over 1.1 million violent crimes occurred in the United States, and more than half of those crimes were assaults. Below are the basics of both the civil and criminal acts of assault and battery. Assault vs. Battery “Assault” generally defined as an attempt to injure someone else, and in some circumstances, can include threats or threatening behavior against others. Assault has three elements (1) intent; (2) apprehension of harmful contact; and (3) causation. Assault typically d...

Fair Lending: Mortgage Discrimination

Financing your new home can be a trying process and it can become even more difficult and complicated if you are the victim of mortgage discrimination. The Equal Credit Opportunity Act (ECOA) and the Fair Housing Act (FHA) were enacted to protect potential borrowers against discrimination when applying for a mortgage, a mortgage refinance, or a home equity line of credit. What is mortgage discrimination? Mortgage discrimination is the practice of lending institutions denying loans to one o...

What To Do If You’re The Victim of Identity Theft

When someone uses your name and personal information without your consent to receive money, credit, goods or services, you are the victim of identity theft. If you suspect your personal information is being fraudulently used, you must act quickly and aggressively to recoup any losses you sustained and prevent your identity from being compromised further. Below are a few steps to take to stop and minimize the damage of identity theft. Types of Identity Theft Identity theft is a crime that c...

Tips for Handling Debt Collectors

If you are behind on paying your bills, or if one of the individuals or businesses you do business with believes that you owe them money, you may be contacted by a debt collector. The call may come directly from the creditor you owe, but sometimes creditors, including credit card companies and mortgage lenders, send the debt to a third party debt collector for collection.  What should you do if you receive debt collection calls? If you receive a call from a debt collector, use cautio...