Frequently Asked Questions (FAQ)

General

  1. Can an employee who was disciplined for filing a discrimination claim and then restored to her position, with back pay, pursue a retaliation claim against her employer?
  2. Can an employer discipline or terminate an employee for the employee's off-duty conduct?
  3. Can an employer terminate an alcoholic or a recovering addict for unsatisfactory job performance?
  4. Do I have to hire someone if I know they have a disability?
  5. Do I have to retain all of my company's employment records? If so, for how long?
  6. Does the Economic Loss Rule prevent contractors from suing architects in negligence?
  7. If my employees are considered "employees-at-will", does that mean I can terminate someone for any reason whatsoever?
  8. If the older employees do not have to prove that their employers deliberately discriminated against them, what must they prove to win their cases?
  9. My company terminated an older worker due to poor job performance, and we have now received notice that he has filed an age discrimination claim against us with the EEOC. Do we need to hire a lawyer at this point?
  10. One of our employees was out on leave for an operation, and now he wants to come back to work. How can we be sure he is physically up to the job?
  11. Under what circumstances can a contractor bring a negligence claim against an architect?
  12. We have an older worker who is not performing up to par. Can we get sued for letting him go?
  13. Why is it believed that the Smith decision will lead to an increase in age discrimination claims?

Commercial Litigation/Business Disputes

  1. Are all attorney fees paid by a contingent fee arrangement taxable to the plaintiff?
  2. Do the new Federal Court rules require that I keep my electronic documents forever?
  3. If I am in a business dispute in Philadelphia, in what court should I bring my case?
  4. Should I be worried that a punitive damages award could be wildly in excess of any compensatory damage judgment?
  5. What impact does a potential or actual lawsuit have upon the company’s document retention policy?
  6. What type of claims are not covered by the American Jobs Creation Act of 2004?
  7. Which employees must be made aware of the Company document retention policy?

Estate and Business Planning

  1. Do I need an estate plan even if I am not wealthy?
  2. How can I minimize the tax liability of my estate?
  3. I am recently divorced, but I have not yet removed my former spouse as the designated beneficiary of my Will/Power of Attorney/insurance policies/annuity contracts/pension plan/profit sharing plan. If I die before changing the designation, will the designation of my former spouse be honored?
  4. I formed an Irrevocable Life Insurance Trust several years ago. Under the UTA, am I required to provide initial and/or annual notices to the beneficiaries?
  5. Is a corporation required to have annual minutes?
  6. Should I have a contract and/or terms and conditions of sale or use when providing goods or services over the Internet?
  7. What are the main advantages of incorporating your business?
  8. What is required to incorporate my business?
  9. What is the purpose of a Living Trust?
  10. What is the purpose of a living Will?
  11. What is the purpose of having a Power of Attorney?
  12. Why do I need a Will?
  13. Why do interest rates matter when you plan your estate?

Insurance

  1. How can I distinguish between damage caused by flood and wind-driven rain?
  2. How do I get flood insurance if my current policy contains a flood exclusion?

Real Estate

  1. How is real estate taxed in Philadelphia?
  2. What is the real estate tax abatement program in Philadelphia?

Tax Controversies

  1. How can I avoid the alternative minimum tax?
  2. How has the American Jobs Creation Act of 2004 changed the rules regarding the donation of vehicles to charities?
  3. How has the Working Families Tax Relief Act of 2004 extended tax relief to those taxpayers affected by the marriage penalty?