What Employers Should Not Ask In An Interview
Most employers know that their workers are protected from discrimination while they are employed. Surprisingly, some are unaware that prospective employees are protected throughout the application and hiring process as well. Title VII of the Civil Rights Act of 1964, Title I of the Americans with Disabilities Act, the Pregnancy Discrimination Act and the...
What Employers Should Not Ask In An Interview Continue reading…Avoiding Common Mistakes in Estate Planning
Estate planning is designed to fulfill the wishes of a person after his or her death. Problems can easily arise, however, if the estate plan contains unanswered questions that can no longer be resolved after the person's demise. This can, and frequently does, lead to costly litigation counter-productive to the goals of the estate....
Avoiding Common Mistakes in Estate Planning Continue reading…When Must a Business Charge Sales Tax on Out-of-State Purchases?
A 1992 Supreme Court decision Quill Corp. v. North Dakota established the principle that an out-of-state retailer does not have to collect state sales tax if it does not have a physical location—a store, business office, or warehouse—in the state where the purchase originated. Theoretically, the consumer placing the order in a state that has...
When Must a Business Charge Sales Tax on Out-of-State Purchases? Continue reading…What are the powers and responsibilities of an executor?
An executor is responsible for the administration of an estate. The executor’s signature carries the same weight of the person whose estate is being administered. He or she must pay the deceased’s debts and then distribute the remaining assets of the estate. If any of the assets of the estate earn money, an executor...
What are the powers and responsibilities of an executor? Continue reading…Pitfalls in Providing Employee References
Employees do not always depart on the best of terms. When that is the case, what are your obligations in terms of disclosure when a prospective employer contacts you to check for references? Keeping negative opinions to yourself might seem like a surefire way to stay out of court. A bad reference might lead...
Pitfalls in Providing Employee References Continue reading…Costs Associated with Dying Without a Will
When someone dies without a will, it is known as dying intestate. In such cases, state law (of the state in which the person resides) governs how the person's estate is administered. In most states, the individual's assets are split -- with one third of the estate going to the spouse and all surviving...
Costs Associated with Dying Without a Will Continue reading…Commercial Lease Disputes
Sometimes a business grows more rapidly than expected and its leased space is no longer large enough. Other times a business finds itself losing money and unable to pay rent. In those instances, it is the commercial tenant that desires to break its lease. There are times, however, when a commercial landlord seeks to...
Commercial Lease Disputes Continue reading…Should a Power of Attorney be a part of my Estate Plan?
A durable power of attorney is an important part of an estate plan. It provides that, in the event of disability or incapacitation, a preselected agent can be granted power over the affairs of the individual signing the document. This power can be limited to specific decisions, like the decision to continue life sustaining...
Should a Power of Attorney be a part of my Estate Plan? Continue reading…Common Frivolous Suits Filed Against Small Businesses
Frivolous lawsuits are an all-too-common problem for small businesses. This is because, under current laws, there is almost no risk to trial attorneys or their clients for bringing even absurd cases to court. While large companies routinely retain attorneys and have the financial means to protect themselves from frivolous lawsuits, small businesses may be...
Common Frivolous Suits Filed Against Small Businesses Continue reading…When is a person unfit to make a will?
Testamentary capacity refers to a person’s ability to understand and execute a will. As a general rule, most people who are over the age of eighteen are thought to be competent to make and sign the will. They must be able to understand that they are signing the will, they must understand the nature...
When is a person unfit to make a will? Continue reading…Common Lawsuits Brought Against Small Businesses
It is impossible to predict every lawsuit that a small business might possibly face. There is nothing to prevent angry vendors, entitled customers, or disgruntled employees from filing a lawsuit, even if there is no legitimate basis for it. The more a business owner delegates responsibilities to employees, the greater the risk that an...
Common Lawsuits Brought Against Small Businesses Continue reading…How does life insurance fit into my estate plan?
Life insurance can be an integral part of an estate plan. Policies can be set up to be paid directly to the beneficiary, without the need to pass through the estate, and without the need for any taxes to be paid. Having a life insurance policy ensures that some assets will be liquid, so...
How does life insurance fit into my estate plan? Continue reading…