Delekta & Delekta P.C. - Frequently Asked Questions

Employment Law Questions:

Q. What 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:

1. Family Medical Leave 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.
2. Title VII - is a Federal law which protects individuals from being discriminated against on the basis of race, gender, color, religion, and national origin.
3. Elliot Larsen Civil Rights 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.
4. Americans with Disabilities 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 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 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 the employer.

Bankruptcy Questions:

Q. Will I lose all of my assets in Chapter 7 Bankruptcy?
A. No, you will not lose all of your assets in a Chapter 7 Bankruptcy. In fact in many situations you may not lose any of your assets. In a Chapter 7 Bankruptcy you are entitled to certain exemptions. As long as all of your assets fall under those exemptions you will not have to give up any of your assets. Delekta & Delekta P.C. can help you assess your particular situation and determine whether or not all of you will be able to protect all of your assets.

Q. If I am married do both my Spouse and I have to file bankruptcy together?
A. No. Sometimes it may be advantageous to file jointly other times it is better for just one spouse to file. It depends on the situation and whose name the debt is in. An attorney who practices bankruptcy law will be able to help you figure out what is best for your particular situation.

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 your assets are distributed according to Michigan intestate statutes. For individuals with young children, a will also allows you 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.

Divorce Questions

Q. Does it matter who files the divorce?
A. No. There is no advantage or disadvantage to being the Plaintiff (the person who files the divorce).

Q. If both my spouse and I agree on what we want to do, can we both use the same attorney?
A. No. It would be a conflict of interest for an attorney to represent both sides in a divorce. In many cases, only one individual hires an attorney and the other either represents him or herself or does not file an Answer to the Complaint for Divorce, however, the attorney representing the one party cannot give advice or consult with the non-represented party.