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FREQUENTLY
ASKED
QUESTIONS

DURING A JOB INTERVIEW, ARE THERE QUESTIONS THAT AN EMPLOYER CAN’T ASK?

Yes. This includes questions about religion, race, or national origin, as well as plans such as whether or not the individual plans on having children. Additionally, an employer is unable to ask a potential candidate whether or not they have been involved with any type of union organization activities or strikes in the past.

WHEN IS AN EMPLOYEE ALLOWED MEDICAL LEAVE FROM WORK?

An individual who is sick or hurt may be entitled to vacation days, sick days, personal leave, or other types of days off if time off is needed. Even if the employee is not directly sick or injured but has a child, family member or spouse that is injured or seriously ill, he or she may be entitled to up to 12 weeks of unpaid leave.

IS IT LEGAL FOR AN EMPLOYER TO CHOOSE FAVORITES AMONGST EMPLOYEES?

Possibly. It is not illegal for an employer to do this, however if it based on factors such as gender, age, race or national origin, this can be considered illegal under state and federal anti-discrimination laws.

UNDER WAGE AND HOUR LAWS, WHAT IS CONSIDERED TO BE WORKING TIME?

Under the wage and hour laws, any type of work that a supervisor allows an employee to perform is considered as time that is compensable. When a non-exempt employee works more than 40 hours in one week, he or she may also be entitled to overtime pay.

IS AN EMPLOYER ALLOWED TO DISCLOSE THE REAL REASON WHY AN EMPLOYEE QUIT OR WAS TERMINATED?

In most cases, yes. However, if an employee was terminated for doing something they shouldn’t have but it was never investigated or proven and the employer tells individuals that this was the reason for letting that employee go, the employer may be sued for defamation.

IS IT NECESSARY TO HAVE A WILL?

No, but when a person dies without a last will and testament, they leave their assets in the hands of the court system. Because of this, disputes and confusion can easily arise between family members. Every adult benefits from having a will, especially those that have assets of value.

WHO CAN BE A WITNESS?

A valid witness is an adult not related to the testator by blood or marriage and is not a beneficiary in their estate plan.

WHAT IF I ALREADY MADE A WILL?

The latest version of a will is used in the probate process. The probate process commonly begins 30 days after a person’s death and allows any party to bring forward estate documents to the probate court.

WHICH STATE GOVERNS MY WILL?

Where the testator resides is the state that governs the will, but for those that live in multiple states, the presiding state would be considered the one in which the testator pays personal income tax.

WHICH TYPES OF PERSONAL PROPERTY CAN I INCLUDE?

Personal property is any type of possession with value that does not include cash. Personal property includes vehicles, jewelry, collectibles, furniture, etc. A testator may choose to give all of their personal property to one person or proportionately allocate personal property to multiple beneficiaries.

WHAT HAPPENS IF A BENICIARY DIES?

If the primary beneficiary dies before the testator, that deceased beneficiary can be removed from the will. If a second recipient/beneficiary is listed, the property will be distributed to them. In some states that use the Uniform Probate Code, a beneficiary must survive for at least five days following a testator’s death to inherit property.

If there is no alternate beneficiary to inherit the estate upon death, the will would then be subject to the governing state’s “Anti-Lapse” Laws.

CAN I APPOINT SOMEONE TO TAKE CARE OF MY PETS?

Yes. In your will, you can select a person to be the caretaker (guardian) of your pets upon your passing.

HOW DO I AMMEND A WILL?

The testator can amend a will with a codicil to a will (or simply a “codicil”). Wills can be amended for any reason, such as changing the executor, personal representative, beneficiary(ies), or any other facet of the estate transfer. The codicil is required to be attached to the will and signed under state law.

INTESTATE (NO WILL AFTER DEATH) – WHAT HAPPENS ?

Dying intestate means that an individual passed away without a will. In this case, the court would determine how assets are handled and who is awarded real and personal property. Court decisions can take many months and must be agreed to by the family members (heirs).

If no will was recorded by the deceased individual, and the estate is valued under a certain amount (governed by state limits), the property may be distributed through a small estate affidavit.

Quick Resources

DISCRIMINATION
OVERTIME
SEXUAL HARASSMENT IN THE WORKPLACE
FAMILY & MEDICAL LEAVE ACT
RETALIATION / WHISTLEBLOWER ACT
SEVERANCE AGREEMENTS

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