Can You Work for a Company After Suing? Legal Considerations to Weigh

The Right of First Refusal Clause Explained in Leases

What is a Right of First Refusal Clause?

Under a right of first refusal clause, a landlord would give the tenant the right to acquire a property that the tenant is leasing, or any other property that is contiguous to the property that the tenant is leasing. In such an event, the landlord is obligated to seek an offer and offer the same terms and conditions to the tenant to see if the tenant is interested. Thereafter, if the tenant is not interested, the landlord is free to sell to the third party on terms that are equal to, better than or worse than the ones presented to the tenant . A right of first refusal clause can allow the tenant to control an entire area and gain control of properties that are next to or near the property that the tenant is leasing.
A right of first refusal clause gives the tenant the exclusive ability to purchase property that is next to or near what the tenant leases. It means that the tenant is not only leasing that property for its own use but also has the ability to buy it and possibly other nearby properties.

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Creating an Effective Legal Secretary Resume: Best Samples and Advice

Identifying the Legal Secretary Position

There are several core responsibilities that a legal secretary generally has. A legal secretary will draft and proofread letters, petitions, motions, and other filings. These documents are often time sensitive, but the legal secretary should strive to create professional work product. A legal secretary also prepares client bills, maintains confidentiality, communicates with clients and witnesses, and organizes documents into appropriate files. On any given day, a legal secretary may assist in preparing for hearings, processing filed documents, and making appointments or travel arrangements as needed. A legal secretary must follow office procedures precisely , be available to perform similar tasks and duties as requested, and work well with others (or sometimes work independently).
In order to be successful as a legal secretary, certain skills are preferred or required. A legal secretary should be an effective communicator, be punctual and capable following deadlines, demonstrate problem-solving skills and the ability to multitask, and be well acquainted with operating systems and software. Legal secretaries are expected to be familiar with the law, billing practices, and court rules, and to complete other tasks at the direction of an attorney.

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What You Need to Know About Legal Separation in Michigan: Facts, Procedures, and Implications

Divorce vs. Legal Separation in Michigan

Until a few years ago, there was no "Legal Separation" in Michigan. A married couple could either be married or divorced, with no mention of "legal separation" in Michigan law. Because of this, if you did not live together for a period of 6 months, the other spouse could file a divorce action in court, and the court would not be able to stop them from getting a divorce. However, the Michigan Divorce Reform Act of 2015 created a new statute to allow married couples to be legally separated in Michigan. A legal separation in Michigan is very similar to a divorce, except that it does not lead to the termination of your marriage. Otherwise, it is very similar to filing for divorce in Michigan. You can file for a legal separation by filing a lawsuit and going through a trial, just like with a divorce. A court can enter orders regarding custody, child support, spousal support, and division of property in Michigan as part of the procedure. You can enforce those orders against the other party in Michigan courts. However, unlike a divorce, a legal separation will not terminate your marriage . So while legal separations are now officially recognized in Michigan, most people still file for divorce if they do not want to be married anymore. That is because the reality is that a divorce is only "temporary" until trial, and it could be over in 1 year or 2 years. But it does not keep you ‘legally separated’ in the sense that your ideal separation would look like. You are still married and still responsible for the other person financially. A legal separation on the other hand – based upon how long you’ve lived separate and apart, the circuit court would take your wants and needs into consideration, and then grant the terms you want. With a legal separation, you can more-or-less file paperwork and go to court, and the court will grant you what you ask for. You have a right to spousal support (alimony), child custody and child support, and division of assets. These rights are confirmed by the court in an order, so there are no surprises later on down the road. To put it simply: a legal separation is a simpler way to walk away from your spouse and make sure you are both taken care of, without the messy side of divorce and without making such a big change all in one day.

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The Legal Age You Can Leave a Child Home Alone in Michigan

Michigan Home Alone Law

Michigan does not have a law that strictly outlines the minimum legal age for leaving your child at home alone. However, the state does not encourage parents to leave their children under the age of a 12 years old at home unattended, and recommends that children should not be left alone for prolonged periods if they are less than 16 years old. The Michigan law advocates that reasonable parents use their own judgment to decide whether or not their children are ready to stay home alone while their parents are away .
Though not entirely law, the Michigan Department of Health and Human Services (MDHHS) suggests that children as young as 8 years old may be left alone at home for brief periods. However, to be certain that your child is capable of being home alone depending on his or her age, you should evaluate certain factors, such as the age and maturity of your child, the environment of your home and your neighborhood, the time of day and/or night, the location of your home, and how long you plan to be gone.
Finally, the American Academy of Pediatrics notes that the average age that children in the U.S. become home alone is between 11 and 13 years of age.

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Rental Agreements Explained

Rental agreements all contain the same basic components, and there are two forms. The first is the long-term rental agreement with a specified end date. The second is called a month-to-month rental agreement, which continues indefinitely until one party gives the other a 30-day notice of intent to terminate.
Most rental agreements, long-term and month-to-month, are very similar. The rental agreement contains information to identify the parties involved (landlord and tenant) . It also contains the address of the rental property. It specifies the rent, pets allowed — or not allowed — and other information about the property.
All rental agreements contain a section specifying what happens at the end of the rental agreement. A rental agreement that is signed by both the landlord and tenant is an enforceable contract. If a tenant or landlord violates any of the terms of the rental agreement, either the tenant or the landlord can be found liable for the violation.

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Navigating UAW/GM Retiree Legal Aid: A Detailed Overview

UAW/GM Retiree Benefits Explained

Typically, the benefits to which United Auto Workers retirees are entitled include pension payments, healthcare benefits, life insurance, and death benefits. The pension benefits are provided either by GM or the salaried plan, but the timing and amount of the benefits vary. Most UAW/GMs retirees are part of a pre-2007 plan in which their benefits are paid by GM and generally they are paid immediately in accordance with normal retirement ages and vesting. In addition, there is a group of GM retirees that were transferred to Delphi and whose pensions are being paid by the PBGC.
Healthcare benefits for UAW/GM employees continue through retirement . The level of benefit depends upon the employee’s date of hire, years of service, date of retirement, and date when GM first began charging retirees for healthcare benefits. Even if a UAW/GM retiree obtains other healthcare coverage, he or she remains eligible for healthcare under the UAW-GM plan. Many GM/UAW retirees were terminated from employment during the 2009-2012 period ("the Great Recession") and those employees may be eligible for income from a Special Separation Package or Early Retirement Package.
There are also benefits available to a surviving spouse, such as life insurance benefits and death benefits. A legal service can assist a UAW/GM employee and a surviving spouse with the application and enrollment of the required benefits.

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Employee Rights

As an employee, you possess certain fundamental rights defined by federal and state laws. The Fair Labor Standards Act (FLSA) is primarily responsible for protecting workers from wage theft and discrimination, providing a framework of employee rights in various areas. For example, both the Americans with Disabilities Act (ADA) and the Family Medical Leave Act (FMLA) aim to provide a just workplace without discrimination or overtly adverse conditions.
Employee Misclassification and Overtime
Under the FLSA, it is impermissible for employers to misclassify workers in order to avoid overtime requirements. Many employees must receive a minimum of time-and-a-half pay when they work over 40 hours in a week. However, some employees are required to work on a salaried basis, making them exempt from overtime protections under the FLSA.
In order to be exempt from overtime, an employee must meet certain criteria. First, the employee must perform the duties related to one of the following professions: administrative, professional, executive, outside sales, or computer-related. Many of these professions should also require that the employee engages in professional knowledge that requires at least a four-year degree. Furthermore, this knowledge and the duties performed must be regularly exercised in the workplace in a meaningful way. In general, job titles alone are not sufficient to determine whether or not an employee may be exempt from overtime requirements .
Workplace Discrimination
The movement to secure equality for workers has been around for more more than a century. The 1940s saw the passage of the FLSA, which was one of the first large steps toward creating a workplace with defined rights for employees. Proper overtime pay and child labor laws are just a couple of provisions contained in the FLSA.
By the 1960s, a major step forward was made for women in the workplace when the Equal Pay Act of 1963 was enacted. It was not until the 1990s that discrimination based on disability was addressed. The Americans with Disabilities Act and the Family Medical leave Act outline the basic rights of disabled workers and their care givers. A number of other acts, such as the Age Discrimination in Employment Act, prohibit discrimination and harassment based on age.
Grievance Filing with State and Other Governmental Entities
If you feel that you have been wronged by your employer, you have the right to file a grievance with the U.S. Department of Labor. This can be done through telephone, mail, or via the Internet. Complaints of discrimination or harassment based on protected class status should be filed with the Equal Employment Opportunity Commission. There is a period of time, called the statute of limitations, in which you are able to file these claims. For example, most state statutes of limitations are two years from the time of the action.

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Understanding Michigan Self-Defense Laws: Key Information You Should Know

Self-Defense Law in Michigan – A Quick Overview

Michigan law recognizes the right of individuals to defend themselves when faced with imminent harm and, under certain circumstances, to use deadly force. Before dissuading yourself from ever invoking self-defense, you should speak with an experienced defense lawyer to fully understand your situation.
The law in Michigan does not require the government to prove that you were at fault, or that you provoked a fight, for a self-defense claim not to be viable. In fact, contrary to popular belief , you may use force that is intended to defend yourself if you are being threatened. A jury may consider the ability of an aggressor to avoid confrontation. The key to any case rests not on the level of violence or the extent of injuries suffered by any of the parties involved, but on the perception of the person responding to the threat. If you reasonably believe that you are about to be killed — particularly if you are not the initial aggressor — you may be entitled to use deadly force. It is important to get all the facts in evidence upon which a jury may find that the use of deadly force was justified.

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Breaking Down Termination of Software License Agreements

What is a Software License Agreement?

A Software License Agreement is a legally binding control to terms that governs the use and redistribution of software. These agreements are advantageous for both the software manufacturer and the consumer as it allows the consumer to use the software as their own while the manufacturer maintains the right to control how it is used and distributed. These license agreements control functionality, the nature and purpose of the software, and limits what you may do with it.
It is essentially an agreement between the purchaser/consumer and the manufacturer that states the terms and conditions of use. A software license agreement determines how many people within a business or company can use the software and how many times that software can be utilized at once.
Software license agreements can be explicit or implicit. Explicit agreements define the specific limitations of a person’s access to the software , while implicit agreements have set limitations of access.
Licenses also allow the manufacturer to restrict certain portions of their code or source code. There are three general types of software licenses: Proprietary Licenses, Freeware Licenses, and Open-Source Licenses. Proprietary Licenses are when consumers purchase the software with a limited license to use the software they purchase as well as all updates to the software.
Freeware Licenses allows consumers to get a free copy of the software, but with the understanding that the manufacturer can incorporate ads or have the consumers endure minimal costs to use the system.
With Open-Source Licenses, the manufacturer provides the source code to the software, allowing the customer to modify the program as they choose.

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The Definitive Guide to Outsourcing Legal Research

Why Legal Research Should Be Outsourced

Time Efficiency: Law firm practitioners operate under strict, and in many ways more onerous, billable time requirements than their corporate counterparts. With 10 to 15 billing hours per day being ideal, all non-billable tasks are detrimental to financial achievement and success. For senior law firm associates, legal research, whether for a client, senior partner or for developing own expertise in an area of the law, can easily dwarf non-billable hours each day. Outsourcing research helps avoid this issue. If you need to be conducting research, do it in a time-efficient manner and outsource whenever possible or prudent; particularly for legal issues in which you have little experience. You will recover your time (and then some!).
Cost Effectiveness: This is not as simple as it sounds. Your cost for legal research may not be limited to paying the billable rate of a junior associate. For larger firms, the costs may include training and support, other research level attorneys, reference librarians and various databases. For corporate or litigation departments, legal research costs may include training a single attorney or a group of attorneys not previously experienced in an area of practice. While direct hourly costs may be lower than your current rates, indirect costs (as listed above) can add up quickly . Additionally, a linear review of these indirect costs may likely increase efficiency and accuracy, albeit at a slower rate, over time.
Expertise: Legal research resource providers are often former members of law firms or corporate legal departments, with practical, real-world experience and in-depth expertise. Even plain vanilla legal research, such as solely interpreting/applying/citing to precedent from previously decided cases, is rarely straight forward. Law school taught the fundamental skills of not only conducting, but broadly understanding the results of legal research. However, most legal research graduates, once on the job, are overloaded with "real world" demands that distract from the underlying basic research skills required to understand research results. The nuances of interpreting/applying/citing to precedent from previously decided cases is more often than not overwhelming and, unfortunately, eluded. Without painful lessons learned (i.e. errors) borne out by negative legal ramifications, there is no other practical way to become proficient in legal research. If not for yourself, for the business considerations of your firm or department, outsourcing to an experienced, former attorney is often the best option. Being resourceful is tantamount to employing resource experts.

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