Detroit Law Blog

What do you do when you suspect that one of your employees is reaching for "liquid courage" throughout the day at work?

It's hardly surprising that employers frequently have to deal with on-the-job drinking by their employees. According to the National Council on Alcoholism and Drug Dependence, one out of every 12 adults abuses alcohol. Since a drunk employee exposes your company to professional and physical danger, you need to take action.

You already know that getting your will together is really important in order to protect your family's future -- but it's also important not to rush yourself through the process once you've begun. If you rush, you're far too apt to make some serious mistakes.

What can happen if you make a mistake in your will? Well, some mistakes will invalidate your will entirely. Others will cause your wishes to be misinterpreted. Some mistakes may even be very expensive for your heirs -- which is also something you probably want to avoid.

A lot of American women still tend to rely on their husbands to handle the family finances -- which can put women at a disadvantage if the marriage crumbles.

While spouses are supposed to disclose all their assets during the divorce proceedings so that there can be a fair division of the marital property, there are always a few spouses who are going to play loose and free with the rules. With that in mind, every divorcing woman (and man) should start thinking critically in order to identify potential forgotten assets in the marital pot, including:

• Bank accounts, including accounts that were opened and maintained online
• Real estate, including vacation property, timeshares and undeveloped land
• Cars and other vehicles, including those used for recreation only
• Life insurance policies, especially whole life and universal life plans that accrue value with time
• Retirement plans, including 401(k) plans and others that are vested with a long-term employer or the military
• Stocks held in any company, including restricted stock, online brokerage accounts and any deferred compensation a spouse may be due
• Art collections, antiques (whether individual pieces or an entire collection), coin collections, stamp collections, wine collections, rare books and other valuable items that a spouse may have acquired during the course of a marriage
• Cemetery plots and burial or funeral agreements, including pre-paid plans
• Club memberships, including golf and country clubs
• Intellectual property, including royalty rights, copyrights, patent and trademarks
• Unpaid loans -- especially if there is a substantial likelihood that they'll eventually be repaid
• Travel reward points and frequent flyer miles (which can add up to considerable amounts of money)

You've probably heard it before a few dozen times: Your student loans are not dischargeable in bankruptcy. That's been true ever since 2005 when the Bankruptcy Abuse Prevention and Consumer Protection Act went into action.

However, there is an "undue hardship exception" that's important to know about -- especially if you're having serious financial problems. Congress was vague about exactly what constituted an "undue hardship," so most bankruptcy courts (including the Sixth Circuit courts, which is where Michigan lies) have begun to use what is known as the Brunner test.