David G. Schiller, Attorney at Law

Raleigh Employment Law and Litigation Attorney

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Do I need a Pre-Nup?

That is a question many people ask themselves, particularly when facing a second marriage. If you suffered a messy divorce and felt like you lost too much as a result, you will be keen to shield yourself the second time around. It makes sense to get the protection now that you wish you had then.

But a second marriage is not the only reason someone might need a pre-marital agreement. Pre-marital agreements largely determine property rights and support entitlement. You may have children from a prior relationship and are concerned about protecting assets you ultimately hope to pass on to them. You may be an owner or a partner in a business interest that you need to protect. You may be moving to a new location or giving up your career to enter the marriage and would like to have some protection if you suddenly find yourself separated and unable to provide for yourself. You are concerned about the debts of the other party and would like to insulate yourself from those issues. For many people, the practical answer to the question is a resounding YES; you do need a pre-nup.

Pre-marital agreements are contracts between future spouses that establish rights both 1) upon the separation of the couple or 2) during the marriage itself. Yes, you read that correctly. Pre-marital agreements are not just for the purposes of separation. Financial responsibilities and obligations during the marriage can be addressed within your agreement. For instance, you can establish who will be responsible for paying recurring monthly expenses, how bank accounts will be titled and funded, obligations to provide for health coverage, gifts between spouses, and more.

In the event of a separation, when a dispute arises without a pre-marital agreement in place, the courts of the State of North Carolina will determine all property rights and support issues for a separating couple. This can be an arduous and lengthy process, not to mention expensive. You may be forced to sell your business interest(s) or your house to resolve the dispute. You will likely feel as though you lost everything, or at least a lot of control over your personal property.

With a pre-marital agreement, you can have confidence moving forward that no matter what the life hurdle you and your future spouse face, your interests will be well protected. It can take the gamesmanship out of a relationship. You are not leaving or staying in a marriage out of fear. You are able to focus purely on the health of your marriage relationship without worry about your kids or your business.

Our firm can assist you in drafting a pre-marital agreement that is specific to your needs and guide you in making the appropriate arrangements to protect your interests.

Employment Law Series: Right-to-Work Laws in North Carolina

The phrases “at-will” and “right-to-work” regarding employment in North Carolina are relatively well-known.  However, while the terms may be familiar to people, the exact meanings of these phrases seems to remain a mystery. We discussed the concept of employment “at-will” in an earlier article.

The term “right-to-work” means that an employer cannot demand that an employee become a member of a union as a condition of their employment.  In addition, an employer cannot require that the employee pay dues to any union, even if they are not a member.  A person simply has the “right-to-work” in North Carolina without union membership being demanded of them.

North Carolina General Statute § 95-80 states: “No person shall be required by an employer to become or remain a member of any labor union or labor organization as a condition of employment or continuation of employment.”

North Carolina General Statute § 95-82 further states: “No employer shall require any person, as a condition of employment or continuation of employment, to pay any dues, fees, or other charges of any kind to any labor union or labor organization.”

It is important to note that the “right-to-work” statute is not meant as a guarantee of employment.  Its purpose is to prohibit employers from excluding non-union members and from requiring non-union members to pay fees to unions that have negotiated contracts on behalf of the employees.

If you believe that your “right-to-work” is being violated by your employer, you should consult with an attorney who is familiar with this law as soon as possible to discuss the options and remedies that may be available to you.

Employment Law Series: “At-Will” Employment in North Carolina

Many of those employed in North Carolina are familiar with the term “at-will employment.” However, what exactly does this term mean? The phrase “at-will” means that an employer can terminate an employee at any time and for any reason. This remains the case even if the reason for termination is inaccurate, or if there is no reason at all.

As with most things, there are exceptions to the “at-will” rule. Three of the most common exceptions include:

  • An employment contract that specifies the terms and conditions of employment, which also limits the employer’s ability to fire the employee “at-will;”
  • A termination which violates state and/or federal statutes; and
  • A termination that violates a specific public policy.

In addition, although many employers provide their employees with a copy of the company’s employee handbook, the handbook rarely serves as an employment contract.  Two major types of employment contracts are:

  • Individual contracts; and
  • Collective bargaining agreements/union contracts.

If you are terminated, you may wonder if your termination was in violation of an employment statute.  The most common violations of state and federal employment statutes are:

There is no all-inclusive list that contains every possible kind of terminations that violate public policy.

If you believe that you have been unlawfully terminated, it is best to consult an attorney as soon as possible in order to determine the options available to you.

 

Employment Law Series: “At-Will” vs. “Right-to-Work”

Many North Carolinians are familiar with the terms “at-will” and “right-to-work” regarding employment. However, while both terms are used in common discourse, they are often misused or used interchangeably. Simply put, the two phrases do not have the same meaning.

So, what exactly do these terms mean? “At-will” employment refers to an employer’s ability to terminate an employee at any time and for any reason. This includes the absence of a reason or an inaccurate reason, as long as certain laws are not violated, such as anti-discrimination laws.

“Right-to-work” means that the employee cannot be required to become a member of a union as a condition of their employment. In addition, the employee cannot be required to pay dues or fees to a union as a condition of their employment. It is important to note that this is not meant to be a guarantee of employment.

In our following two posts, we will be explaining each of these terms in much greater detail.

A Bright Side For Divorcing Triangle Couples: Selling Your House On The Current Market

house-for-saleDivorce is undoubtedly tough, but occasionally there is a bit of a silver lining. A two-fold increase – pace of sales and prices – has been seen in the Raleigh-Durham housing market thus far in 2014. A recent report by the Triangle Multiple Listing Service states that sales of homes have increased by 3.4% and prices have increased 4.5% year to date. That’s a welcomed positive note for divorcees in the Triangle. They can expect to sell their home quicker and for a higher price than they would have been able to in the past. It’s one less thing for them to worry about.

Sharing The Road: School Bus Edition

busNow that the school year is in full swing, drivers need to be consistently conscientious that they are sharing the road with school buses. Young students also need to be aware of how to safely get to and from school using the bus. It’s a two way street, and the safety of children is the foremost concern. The National Highway Traffic Safety Administration outlines some important guidelines below for students and drivers alike. Parents, explain to your child the importance of obeying these safety tips. Drivers, always keep these tips in mind when operating a vehicle around a bus full of schoolchildren. Also, remember the law (described below) regulating these activities. Disobeying the law will not only warrant you a steep penalty, but will more importantly cause you to risk the safety on of young children.

School Bus Safety Tips for Drivers:

• Obey the law: Under North Carolina law, G.S. 20-217, drivers going either direction must stop when a school bus is stopped to let children off. Drivers are not supposed to continue until the bus has completed dropping the children off and begun to move again.
• When backing out of a driveway or leaving a garage, watch out for children walking or bicycling to school.
• When driving in neighborhoods with school zones, watch out for young people who may be thinking about getting to school, but may not be thinking of getting there safely.
• Slow down. Watch for children walking in the street, especially if there are no sidewalks in neighborhood.
• Slow down. Watch for children playing and congregating near bus stops.
• Be alert. Children arriving late for the bus may dart into the street with out looking for traffic.
• Learn the “flashing signal light system” that school bus drivers use to alert motorists of pending actions:
o Yellow flashing lights indicate that the bus is preparing to stop to load or unload children. Motorists should slow down and prepare to stop their vehicles.
o Red flashing lights and extended stop arms indicate that the bus has stopped, and that children are getting on or off. Motorists must stop their cars and wait until the red lights stop flashing, the extended stop sign is withdrawn, and the bus begins moving before they can start driving again.

School Bus Safety Tips for Students:

• Get to the bus stop at least five minutes before the bus is scheduled to arrive.
• When the bus approaches, stand at least three giant steps (6 feet) away from the curb, and line up away from the street.
• Wait until the bus stops, the door opens, and the driver says that it’s okay before stepping onto the bus.
• If you have to cross the street in front of the bus, walk on the sidewalk or along the side of the road to a point at least five giant steps (10 feet) ahead of the bus before you cross. Be sure that the bus driver can see you, and you can see the bus driver.
• Use the handrails to avoid falls. When exiting the bus, be careful that clothing with drawstrings, and book bags with straps don’t get caught in the handrails or doors.
• Never walk behind the bus.
• Walk at least three giant steps away from the side of the bus.
• If you drop something near the bus, tell the bus driver. Never try to pick it up because the driver may not be able to see you.