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White Plains Legal Issues Blog

Trusts and beneficiary debts

If you are creating an estate plan so that your loved ones will receive the support they need, you may feel overwhelmed by your options. It is extremely important to set up a plan that will work out best for those you love and be aware of the advantages of each option. If you decide to set up a trust, your loved ones may enjoy a number of benefits in the future. Not only can trusts be helpful when it comes to avoiding probate, but they may be a good option for beneficiaries who are struggling with debts.

Beneficiaries may have debt for many different reasons. For example, they may have struggled to move forward after a tough divorce, with their lives changing in many ways due to the financial consequences of divorce such as property division, alimony, child support or other hardships that were caused by divorce such as a gambling problem. Or, a loved one may have taken on a great deal of credit card debt after losing their job. Regardless, it is important to understand how different types of estate plans may affect those you love after you pass away.

Paying child support after losing your job

Our law firm knows that paying child support on time can be especially hard for some people, such as those who do not earn very much money or parents who are struggling with a health problem that drains them of their energy, time and financial resources. For some people, paying child support can be particularly hard due to a completely unexpected and unfortunate change, such as the loss of one's job. If you have recently lost your primary source of income, or expect to be fired or laid off in the coming weeks, it is pivotal to do everything you can to stay current on your child support payments.

Unfortunately, some parents fall behind on child support when these hardships arise, which can lead to even more challenges. Back child support can bring up many consequences, some of which have been covered on this blog (the threat of being arrested, financial penalties, etc.). It might seem difficult or even impossible to pay child support after losing your job, but you could have options. For example, you may be able to try to financially prepare for the loss of your job by setting aside enough money to make child support payments afterward. We realize that this is not possible for everyone, however. Some people may be able to modify their child support order.

Denied overtime and non-payment of wages

As a worker, there are many different challenges that may arise in the workplace. We have discussed discrimination and sexual harassment, which are certainly concerning facets of employment law. However, the rights of workers are violated in many other ways, some of which involve wages. For example, an employee may be denied overtime that they should have received or their employer may fail to pay them the wages that they are owed. We find this especially concerning and believe that employers who violate their workers' rights should be held fully responsible.

When it comes to denied overtime and the non-payment of wages, every situation is different. Sometimes, an employee may not be aware that they are entitled to overtime pay after working a certain number of hours. In other instances, an employee may be fully aware that their rights are being violated but they may be afraid of harsh consequences for speaking out (this is also against the law). In some cases, a worker may find that their employer has been paying them for fewer hours than they actually worked and the employer may deny this when confronted. Or, an employer may simply refuse to pay an employee altogether.

Addressing gender discrimination

Employees are treated unfairly in many different ways. Some workers are not paid properly, whether their wages are withheld or they are denied overtime. Moreover, some are subjected to harassment or wrongfully fired. However, discrimination is a particularly concerning problem in the workplace and we have covered some of the different ways in which it occurs (discrimination over age, religious beliefs or a disability). In this post, we will analyze gender discrimination and some of the consequences it may have for workers in White Plains and all over New York.

People are discriminated against on the basis of their gender in many ways. For example, someone may be denied a promotion or work-related opportunity solely because of their gender, even though they are fully qualified to handle the responsibilities (if not more qualified than other workers). Someone may be fired because of their gender, or their application for a position may be rejected solely because of their gender. Moreover, some people may be subjected to gender-based harassment, such as rude, persistent and highly offensive remarks which create a hostile working environment.

What are the signs of nursing home abuse or neglect?

If your loved one currently resides in a nursing home in New York, chances are you’re concerned about his or her treatment. While most nursing homes strive to provide residents the best care possible, the sad fact remains that some fall well below acceptable standards. U.S. News & World Report urges families to be aware of the following signs, which indicate that a nursing home is neglectful or even abusive

Overworked staff

3 common estate planning mistakes

Even if you have a relatively small estate, distributing assets to heirs is no easy feat. That's why knowing how to avoid common mistakes is so important. Doing so can save you money on taxes and legal costs, while also knowing your family will be well cared for after you're gone.

U.S. News & World Report lists not properly updating your estate planning documents as a major concern. Revisiting your documents once every three to five years is recommended to ensure your wishes are still upheld. You may also want to go over your will and trust documents after any significant life changes, such as an heir getting married or divorced, or after the onset of a serious illness.

Beware these possible consequences of a gray divorce

Divorce is becoming more common among older couples. According to a Pew Research Center report, for those over the age of 50, the divorce rate has doubled since the 1990s.

Some believe part of the divorce spike is because people are living longer. The average life expectancy in the U.S. is now 78.8 years. With nearly thirty years ahead of them, people simply do not want to stay in relationships that make them unhappy. Pew also points out that baby boomers had high levels of divorce earlier on in their lives, so divorce just does not have as much of a stigma as it used to.

Recovering from a slip-and-fall injury

Personal injury cases take many forms and sadly, there are many reasons why innocent people continue to have their lives shattered as a result of another person's careless behavior. Some people are hurt in the workplace because of a co-worker's negligence, while others may be injured in traffic crashes or while walking down the street. For example, many people have been injured in slip-and-fall accidents, which occur in restaurants, retail stores, hospitals and many other places in New York on a regular basis. Sadly, many of these accidents were completely preventable and victims should not have been hurt.

Someone who falls down may break a bone or become seriously injured in some other way, such as suffering a head injury that leads to brain damage. Wet floors account for many of these accidents, and they may be the result of someone's failure to take care of a spill or a pipe that has been leaking for too long. Ice is another factor when it comes to slip-and-fall accidents in New York and some business owners fail to address slippery walkways in front of their establishment.

What is disability discrimination?

From discrimination involving religious beliefs to unfair treatment over age and gender, there are all sorts of examples of discrimination. That said, employees across New York should bear in mind that other types of discrimination are also against the law. For example, some employers discriminate against protected employees because of their disability and this discrimination can make life incredibly hard for people in this position. Those who experience disability discrimination may face emotional challenges, feeling humiliated or depressed. However, they may also face serious financial hardships and have their entire life shattered as a result of the mistreatment and they should seek justice.

According to the U.S. Equal Employment Opportunity Commission, it is against the law for qualified employees to be discriminated against by employers who are covered by the Rehabilitation Act or Americans with Disabilities Act solely because of their disability. Moreover, disability discrimination may also affect a job applicant and it is also illegal for someone to be discriminated against because of a past disability, such as a temporary mental or physical impairment.

Work-related crashes involving delivery trucks

If your job involves driving a delivery truck, there could be many different hazards that you come across on a regular basis. For example, your job may require that you lift heavy objects, which could be problematic over time (repetitive strain injuries, etc.). Or, you may face other job-related risks, such as the risk of a traffic collision. There are multiple reasons why driving a delivery truck can be particularly dangerous and if you are ever involved in a crash while you are on the job, it is vital to know exactly which options you have.

For starters, delivery trucks can be very large, making it hard to maneuver in tight spaces. Moreover, other drivers may crash into you due to the size of the vehicle. Some delivery truck drivers suffer from work-related fatigue, which can increase the likelihood of an accident. As with any type of motor vehicle collision, there are many different threats posed by reckless drivers, such as those who operate a vehicle while under the influence of drugs or drivers who go over the speed limit.

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