Disability discrimination is when your employer treats you differently or poorly because of your having a disability. It also could be that the employer treats you differently because he perceives you as having a disability, even when you don’t. I’ve handled cases where people were not disabled but they returned from a leave of employment […]
Age discrimination is when your employer treats you differently or unfairly because of your age. Typically this happens to older workers. If you’re over the age of 40, you are at the beginning of the protected age category. If your employer terminates you because of your age, hired, retained, or promoted someone younger while they […]
A non-compete agreement is enforceable if it is reasonable. When you first get hired, a company may ask you to sign one. A non-compete agreement states that if you were to be terminated or quit, you will not set up a company that directly competes. It also may state that you will not gain employment […]
Being discriminated against because of your religion can definitely take place in the workplace. Sometimes it manifests itself as intolerance. For example, you may need to take a particular day off because it’s a religious holiday. If you’re given problems because of that, then that could be an example of being discriminated against because of […]
An at-will employee is one that is not subject to an employment agreement. That is, you are not an employee who agreed to work for a company for a specified period of time and they did not agree to employ you for that specified period of time. What this means is you can leave anytime […]
Race discrimination is when you are treated improperly or unfairly because of your race in an employment setting. That may come about as a result of coworkers who may not like you because of your race. They could be a prejudice person or someone making an insensitive joke based on race. It may not be […]
A motion is an application to the court for some form of relief. Motions are occasionally required during times of divorce. There are prejudgment motions and post-judgment motions. A prejudgment motion is made while a divorce is pending when the parties have come to an impasse and cannot work out some type of an issue that […]
When a couple is considering divorce, there are many avenues they can take. Whether they choose arbitration, mediation or collaborative divorce, they will have to sit with an attorney to discuss which option is best for them, because every case is different. Collaborative divorce is an alternative to divorce litigation. It is a process where the […]
Unfortunately, when people agree to decide their divorce collaboratively, they enter into a participation agreement where they agree not to go to court. If the process breaks down and it becomes apparent that there is no chance that a resolution can be obtained through this process, the parties are then free to file for a […]
There are two types of custody. Legal custody speaks of who makes the major decisions regarding the health and welfare of the child. In some circumstances, you will have shared legal custody where both parents participate in the decision making. In some circumstances, one parent will have sole custody in making these decisions that depend […]
The main benefit of a collaborative divorce is that it reduces the conflict and opens the door for the parties to enter a friendly arena. The parties work with a team to resolve their issues on their own with the help of professionals rather than having the outcome dictated by the court or judge. In […]
Many people ask me, “Should I move out of the marital home while our divorce is pending?” Generally, I suggest that you remain in the home with your spouse during this time. First of all, once you leave the marital home, you lose the right of occupancy. Your spouse can change the locks to the […]
Now that gay marriage is legal, many people want to know, “Do the same divorce laws apply?” Yes, all divorce laws apply to same-sex couples that want a divorce. They will have to satisfy the same requirements to establish jurisdiction, cite applicable grounds for divorce, resolve the same issues, and end their marriage with a […]
If your spouse has become abusive and you fear for your safety, you can go to your local police department and obtain a temporary restraining order. This is an order of protection that will prohibit any contact between you and your spouse. In fact, your spouse will be removed from the marital home. In ten […]
Many people come into my office very hurt and very angry with stories of how their spouse has been unfaithful. The main thing they want to know is, “Can I punish my spouse? Can I get more from the court knowing that my spouse has done something wrong?” Unfortunately, the court does not take fault […]