Handshakes and Verbal Contracts: Are They Enforceable?

Although it might seem that handshakes and other methods of verifying informal contracts are going out of style, the question of whether or not they count as a binding, enforceable contract still comes up in court. It is always better to get something in writing, but if you are wondering if that deal you sealed with a handshake (prior to social distancing) is legitimate, this blog will help you answer that Read More

Non-Compete Clauses and Their Enforceability

What are Non-Compete Clauses? You might have had to sign a non-compete clause (NCC), sometimes called a covenant not to compete, at your current or previous job. This clause, which continually generates controversy, bars employees from either starting a similar business or becoming employed in a similar profession during a specified period of time after their current employment ends. Many NCCs also specify Read More

The Worst They Can Do Is Say “No”

I have been fielding a lot of inquiries about whether people are eligible for any of the many programs out there, including many people applying for unemployment for the first time. As I have said before, the old rules don’t apply right now, so just because you thought that you would be ineligible for unemployment if “X” happened, things may have changed. So even if you think you might not be eligible for Read More

COVID-19 Related Funding Options for Independent Contractors and the Self-employed

If you worked as an independent contractor for a company (i.e., Uber, Lyft, Instacart  etc.), and receive a Form 1099 at the end of the year instead of wages reported on a W2, you might be confused about what your options are for receiving money from the government since you were not classified by your company as an "employee." But there is help for you, too. Here are some of the options available to you as of Read More

Overview of Available Benefits Under the Paycheck Protection Program

On Friday, March 28, 2020, the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) was officially signed into law.  This a historic, sweeping law that will do a lot for a lot of people, even though I’m sure not everyone is pleased with how the money is being distributed.   But I read the entire thing.  It took me most of an entire day, but I wanted to take the time to explain what’s in and what is Read More

What to Never Say to Your Insurance Company After an Accident

When it comes to communicating with a representative from your insurance company after a car accident or when filing a claim, less is more. Similar to the “anything you say can and will be used against you in a court of law” concept of criminal interrogation, you should generally refrain from saying anything you are not obligated to share with an insurance agent. The best practice is to always say exactly what Read More

What Do I Do Now? Life In the Time of Coronavirus

It is not an understatement to say that we are dealing with unprecedented circumstances, at least in modern times.  The truth is that no one really knows what happens next or where we go from here, but many states and the federal government are trying to help workers as quickly as possible, and the changes are happening on almost a daily basis. There are some important changes that have happened to the Family Read More

Can You Sue a Minor for a Personal Injury?

As children are very rarely treated as adults when they commit a criminal offense, you might think that they are similarly off-limits if you are considering a civil suit. However, there are situations in which you may be able to collect a payout after a personal injury, though it is more difficult than if an adult was responsible. The child’s age and intent, as well as the nature of the activity the child was engaged Read More

What does “At-Will” Employment Mean?

With the exception of Montana, all states have some form of at-will employment that governs firing practices at public entities and private companies. If you are indeed employed “at-will,” (again, the vast majority of American workers are considered at-will) then you may generally be fired at any point in your employment for any reason. Employees in every state (again, besides Montana) are presumed to be employed Read More

Assumption of Risk Explained

If you are attempting to earn a payout of damages after a personal injury to yourself, you can be sure the negligent party or parties that caused the harm will do everything possible to avoid paying anything. One of the defenses that may be raised in a personal injury case is assumption-of-risk. This type of defense will essentially try to pin blame on you, the victim, for your own injury.  The central argument in Read More