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):
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.
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.
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.
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.
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.