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PO Box 595 - Memphis, MI 48041
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(810) 392-3834
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Delekta & Delekta - Frequently Asked Questions

Employment Law Questions

Q: Which laws protect me if I am being discriminated against at work?

A: The list below is a partial list of Michigan and Federal laws which protect an individual from discrimination in the workplace (this is by no means meant to be a complete list):

  • Family Medical Leave Act – This act protects against discrimination or being retaliated against based on an employee taking time off (up to 12 weeks in a 12 month period of time): for a serious health condition, birth of a child, adoption of a child to care for a close family member (spouse, child, parent) that has a serious health condition. However, in order to be protected by the Family Medical Leave act your employer must have 50 or more employees within 75 mile radius of where you work, and you must have worked for 1,250 hours within the last year.
  • Title VII – This Federal law protects individuals from being discriminated against on the basis of race, gender, color, religion, and national origin.
  • Elliot Larsen Civil Rights Act – This act is a Michigan Law which prohibits discrimination on the basis of religion, race, color, national origin, sex, age, height, weight, familial status, or marital status.
  • Americans with Disabilities Act – This act is a Federal Law which protects individuals from being discriminated against in the workplace on the basis of a disability.

Q: I was offered a severance package; should I sign it?

A: Before you sign the agreement, it is advisable to have an attorney review it, especially if you have concerns over why you were fired, or if you felt you were being discriminated against. You may be giving up substantial rights by signing such an agreement. An attorney experienced in Employment Law, such as the attorneys at Delekta & Delekta P.C., will be able to review the document for you and advise you of what rights you are giving up in exchange for the severance package.

Often, by signing such a document, you are giving up any rights you may have to sue the company in the future.

Q: What is a non-compete agreement?

A: A non-compete Agreement is an agreement which limits an employee from working in competition with the employer for a certain amount of time. A non-compete agreement is also known as a covenant not to compete. A non-compete can limit who an employee can work for. It can also prevent the employee from working with clients of the employer.

Q: Are non-compete agreements legal and enforceable in Michigan?

A: They can be, if structured properly. In order for a non-compete agreement to be enforceable, it must be reasonable in its geography and its time. What is considered reasonable depends on the industry and employer.

Estate Planning Questions

Q: Does a will keep me out of probate?

A: No. A will does avoid probate, but does direct how your assets will be distributed in probate. Without a will, you assets are distributed according to the Michigan interstate statutes. For individuals with young children, a will also allows you to to name a guardian for the children and to establish a testamentary trust to handle the assets until the children reach a specified age.

There are steps you can take to avoid probate. The attorneys at Delekta & Delekta P.C. will review these options with you.

Q: Can a trust be challenged?

A: Yes. A trust can be challenged just as a will can be challenged. However, litigants are sometimes less likely to challenge a will because the burden is on them to institute the proceeding in court. On the other hand, before a will is admitted to probate, the individuals seeking to have the will admitted must open the probate estate, thereby making it easier for the disgruntled individuals to object to the will.

Estate Planning Questionnaires

If you plan to discuss Estate Planning with us, please fill out as much of the correct form below as possible and email it back to me prior to our initial consultation. While many sections may not apply, the more information I have, the better I can assist you in providing an estate plan that meets your needs and goals.

Michigan Estate Planning – Single Person:

Michigan Estate Planning Questionnaire PDF for Single Person


Michigan Estate Planning – Married Couples:

Michigan Estate Planning Questionnaire PDF for Married Couple