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Debbie Ferguson Debbie Ferguson

8 Tips For Rideshare & Delivery Drivers

A view of a driver in a car from the passenger side backseat
A view of a driver in a car from the passenger side backseat

Ride share and delivery drivers have unique risks on the job, including assault, fraud, and property damage. Delivery drivers and ride share drivers report instances of violent passengers, moving violations, vehicle damage, tax issues, and accidents at much higher rates than other workers in different industries. Our Legal Protection Plans for Individuals & Families has an add-on feature specifically geared for rideshare and delivery drivers that can give you access to legal advice tailored for your trade, for topics such as tickets, property damage, violent riders, taxes as a contract worker, and much more, all for under $45 per month. Learn more about these essential benefits and read on for tips to keep you safe on the job.

1. Request Passengers Sit In The Back

The closer someone is to you, the easier it is for them to do you harm or get access to the steering wheel.

2. Get a Dashcam

A dashcam provides evidence in case something happens on a ride or delivery, eliminating hearsay or "he-said-she-said" scenarios while keeping an eye and ear out for you while you pay attention to the road.

3. Verify the Identity of Your Passenger

When picking up a passenger, ask them to verify their name before getting in your car. Don't say the name you have; ask what their name is and see if it matches. Some rideshare companies have a PIN feature that helps you with the verification.

4. Don't Share Your Personal Information

It goes without saying that giving out personal information to strangers is a bad idea. Cases of stalking, harassment, and worse can arise from doing so. If a rider needs to get in touch with you, they should do so through the app.

5. Carry A Safety Kit

Being prepared for anything that could happen on the road is just common sense, but it makes even more sense if you make your living driving. You should always carry a first aid kit, a whistle, emergency (non-perishable) food, water, jumper cables, wiper fluid, a gas can, a jack and wrench for your wheels, and possibly some form of self protection, such as pepper spray (check your company's guidelines for what types of personal protection are allowed - if any - in your vehicle while you're on the job; there may be additional city, county, or state rules and regulations based on your location).

6. Always Follow Your Rideshare Guidelines

No matter what your rider might tell you, always follow all traffic laws and obey the rules of the rideshare app.

7. Have an Emergency Plan In Place

Thinking about the kinds of dangerous situations that might arise from being a rideshare driver can help you prepare, as well. make sure you know the protocols your rideshare service may have, as well as any laws in your locality. Make sure you know emergency numbers or have them programmed into your phone or written down somewhere in your car.

8. Consider Getting Legal Protection

No one can predict when a situation will arise during a ride or delivery, and making sure that your rights are protected is extremely important. With our Rideshare & Delivery Driver's Coverage plan, you can protect your driving record, get defense in court for moving violations or tickets, and even get tax consultations.

If you are a rideshare or delivery driver, protecting your assets and rights should be your number one priority, and we can help! Learn more about the essential benefits of our specialized coverage supplement or sign up today!

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Debbie Ferguson Debbie Ferguson

Going Through A Divorce? Seven Things To Remember

A close up of hands while someone takes a ring off
A close up of hands while someone takes a ring off

Divorce rates have skyrocketed since the start of the pandemic, up 34% from years prior. Divorce is never easy, but getting the right advice for your specific situation can make the process a little less stressful. Members of our Legal Subscription Plans for Individuals & Families can get advice about divorce and separation and all other areas of family law included with their monthly subscription fee. Learn more about this fantastic benefit and read on for a few divorce tips.

Put The Children First

If you have minor children, all divorce decisions should be made with the best interests of the children first and foremost. Prioritize the needs of the children and be ready to compromise for their benefit wherever possible.

Know What You're Willing To Give Up & What You Want

Deciding what you need and want is one of the most important things to do when preparing to go through the process of divorce. Make a list of what you need to have, what you want to have, and what you'd be willing to give up and where you have room to compromise so that you will have a list when it is time for negotiations.

Uncontested Divorce Requires Working Together

Mediation can make the entire process of divorce as smooth as possible. In mediation, you and your spouse will work together to agree to terms of the split, including child support and custody, visitation, division of property, alimony, and more. Instead of communicating through representatives (like attorneys), you can talk directly to each other in a controlled environment to lessen stress and strife, lower the risk of miscommunication.

Collaborative Divorce As An Option

A collaborative divorce provides more protection than mediation but is still a cooperative effort between the divorcing parties. A collaborative divorce allows for attorneys to be present but the attorneys promise to work to amicable resolve all areas of disagreement.

Counseling

You don't have to carry the burden of a stressful divorce alone, and therapists can provide substantial benefits through a trying time. When your mental health is in the right place, you can make better, less emotional, decisions for yourself and for any children you might have.

Financial Records

One of the major areas of scrutiny in a divorce is finances, so it will be important to have your financial records and assets in order before you begin. Gather documents, such as tax returns, credit scores, debts, assets, recent bank statements, investments, and other financial records.

Get Legal Counsel

Getting a divorce should never be a DIY proposition, particularly if you have assets and/or children. Mistakes can be very costly and the law is complex. This is an area where you won't want to take a chance that everything will just work out. Hire an attorney who is well-versed in family law in your state, who knows the ins and outs of the legal system where you live, and who can advise you of your rights and responsibilities under the law every step of the way.

Members of our Legal Subscription Protection Plans can get comprehensive legal support through a divorce at no additional charge. Get the legal guidance you need without breaking the bank by signing up for our Legal Protection Plans today. Learn more about all the benefits for Individuals & Families or Sign Up Now!

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Debbie Ferguson Debbie Ferguson

What's The Difference Between A DBA & an LLC?

Four people sit around a wooden table with a graph in the middle. Three people point pens at various areas of the graph.
Four people sit around a wooden table with a graph in the middle. Three people point pens at various areas of the graph.

Choosing the type of business entity to form is one of the first things new prospective business owners must do. There are several types of business structures to choose from, and we've covered them a few times in this blog, but two of the most common ones are a DBA and an LLC. But what are the differences between them? Each structure has its pros and cons, and if you need help choosing which type of business entity to form, doing the research to make sure your business name isn't already taken, and filling out the appropriate paperwork, we have a New Business Filing Package that may be right for you.

What are LLCs and DBAs?

LLC stands for Limited Liability Company, and this type of business structure protects your personal assets and has some tax benefits. DBA stands for Doing Business As, and it is used if you are choosing to do business under a name that is not your - or your business' - legal name. For example, if your legal business name was Dave Jones Enterprises but you want to do business under the name Davey Jones' Locker, you would need a DBA.

The Pros of Setting Up an LLC

The biggest benefit of setting up an LLC is the personal liability protection, protecting your personal assets if your business is sued. LLCs are taxed as pass-through entities, which means that the profits and losses of the business are "passed through" to the owner's personal tax returns. LLCs also allow owners to run their businesses however you want, due to their flexible management structure, so your business can be centralized or decentralized depending on your needs. LLCs are also easy to set up and maintain.

The Pros of Setting Up A DBA

DBAs are even easier (and cheaper) to set up than asn LLC. DBAs can be appealing if you do business in multiple states as you don't need to fill out additional paperwork or pay extra fees.

The Cons of an LLC

Doing business in multiple states as an LLC means more paperwork and additional fees. Some states also require LLCs to have an Operating Agreement outlining ownership and the business' operating procedures. LLCs can also take longer to set up: you'll need to research your proposed business name through state databases to make sure that it is available.

The Cons of a DBA

The biggest drawback to a DBA is the lack of personal liability protection, so if your business is sued, you could be risking your personal assets. Not setting up your DBA properly can also mean that you are taxed as a sole proprietor, which means that you have pay self-employment taxes on your business earnings, paying both the typical employee share and the employer's share of taxes.

Which Is Best?

There is no clear verdict: it depends on what type of business you want to start and run. Each structure has its strengths and weaknesses and your personal and business situation will dictate which will work best for you.

If you are struggling to decide what kind of business entity to choose, we can help! With our New Business Filing Package, we'll walk you through each structure based on your specific situation and help you choose the right one for you and your new business. We'll do the legwork and research to make sure that your business name is available, fill out the paperwork you'll need to file with the Secretary of State, and help you get your federal and State Tax ID numbers, all for just $199! Learn more about our New Business Filing Package service, or sign up for our Small Business Legal Protection Plan today!

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Debbie Ferguson Debbie Ferguson

Which Type of Will Is Right For You?

A couple sits in a bright, white room at a table, discussing documents
A couple sits in a bright, white room at a table, discussing documents

The importance of having a will cannot be overstated. There are many different types of wills, and when it comes to estate planning, you'll want to make sure that you choose the right one. Your estate planning impacts your healthcare, assets, beneficiaries, and your loved ones. When you sign up for our Legal Protection Plans for Individuals & Families, you get a will created for you by an experienced attorney at no additional cost. Read on for some information about the different types of wills.

Simple Wills

A Simple Will is also called a Last Will & Testament, and it outlines how your assets are to be distributed when you pass away. A Simple Will can detail who is to receive your property, who will care for any minor children or pets you may have, and if you want to leave money to charitable organizations. Simple Wills are the most common type of will and are fairly straightforward and uncomplicated for those who do not have many assets.

Living Wills

A Living Will is designed to make your medical wishes known to healthcare providers in the event that you cannot voice those choices yourself. This type of will specifies details such as if you want life saving measures or life support, what types of medical treatment you want, and who can make decisions on your behalf if you become unable to make or communicate those decisions yourself.

Joint Wills

As the name implies, Joint Wills are a type of will that you make with another person. This document is generally used by spouses who intend to leave their assets to each other. The difference between a Joint Will and Mirror Will is that each person creates a separate document in a Joint Will, and Joint Wills cannot be changed independently.

Mirror Wills

As with Joint Wills, Mirror Wills are typically used by married couples who want to leave assets to each other, but the documents are identical in every way.

Holographic Wills

This type of will is handwritten and signed by the person who wrote it. It is generally not witnessed, but Holographic Wills have major drawbacks in that they are left open to interpretation by loved ones, which means that they can be contested in court.

Oral Wills

This type of will, also sometimes called a Nuncupative Will, is, as the name suggests, not written, but conveyed through speech. These types of wills are typically only used in extreme emergencies where there isn't time to write anything down. This makes them hard to authenticate and difficult to prove in court.

Pour-Over Wills

A Pour-Over Will is generally used in tandem with a trust. With a Pour-Over Will, your assets are transferred to your trust after you pass away, and then distributed from there according to your trust's terms.

With all the different types of Wills, knowing which one is right for your situation can be tricky, and making sure that your Will is legally enforceable can be difficult without legal assistance. Luckily, you get a free Will created for you by knowledgeable, dedicated, experienced attorneys with your paid membership to our Legal Protection Subscription Plans. That's right: for no additional fee, you can have the peace of mind of talking with an experienced estate planning lawyer, getting advice based on your situation, and having all the documents created for you for no additional cost! Your final wishes will be organized, detailed, and legal in the state where you live, giving you the peace of mind knowing that your loved ones will be spared difficult decisions in trying times.  Learn more about these estate planning services or sign up today!

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Debbie Ferguson Debbie Ferguson

Cyberbullying & The Law

A computer screen in a dark room is lit by a single desk lamp and is covered with binary code
A computer screen in a dark room is lit by a single desk lamp and is covered with binary code

In our increasingly online world, cyberbullying has become all-too-common: more than 40% of Americans have experienced online harassment and nearly 70% have witnessed it. Those who bully others can be classmates, co-workers, or even complete strangers. Often, these bullies create multiple fictitious accounts to avoid being caught and facing repercussions. The anonymity of the Internet and the slow response by authorities to threats in the online world have harmed millions of Americans. Your attorney through our Legal Protection Subscription Plans can give you expert, detailed advice pertaining to your situation if you ever find yourself or someone you love being cyberbullied. Read on for more information about cyberbullying and what can be done about it.

Cyberbullying can be many things, including:

  • Publication of personal identifying information (doxxing)

  • Cyberstalking

  • Posting falsehoods and rumors

  • Threats

  • Publishing personal or intimate photos

  • Spamming public sites with negative reviews (Yelp, etc)

  • Impersonating someone

  • Violating restraining orders or protective orders

Cyberbullying can feel like it will never end and can be extremely cruel, causing severe emotional trauma and even physical harm. All 50 US states have some form of cyberbullying law, but these laws vary significantly from state-to-state. Some states have anonymous reporting systems, education programs for students and school staff, and punishments, including suspensions or expulsions. In some states, cyberbullying can be a misdemeanor that can result in jail term of up to one year. In some states, cyberbullying may be prosecuted as a felony.

Unfortunately, there is no Federal cyberbullying law; however, some Federal statutes regarding discrimination based on nationality, race, gender, color, gender identity, disability, age, religion, and sexual orientation come into play if the harassment is based on any of those traits. Federally funded schools are obligated to investigate and resolve harassment and bullying in these cases.

Some steps you can take if you or someone you know is the victim of cyberbullying:

  • Review and understand the Terms of Service (TOS) of the platform on which the harassment occurred when bullies violate the rules

  • Document all threats and harassment with screenshots and print outs for possible use in court

  • Report the harassment to the platform where the bullying happened to report a violation of their Terms of Service

  • Report anonymous accounts

  • Report multiple accounts run by the same person

  • Block the perpetrator(s)

  • If you're a parent and the victim is your child, review your child's online communications

  • Make sure you know all your child's login information where they spend time online

  • "Follow" your child's social media accounts

  • Any threat that includes threats to use firearms or explosives should be immediately reported to the FBI

  • Let your local police know about the situation; if you later become the victim of "swatting" (the harassment of calling police with fake emergency situations such as hostages or home invasions), the police may contact you first before sending out a SWAT team to your home

  • If the bullying is happening at school, let the school administration know

If you're dealing with online threats and harassment, your attorney through our Legal Protection Plan for Individuals and Families can advise you of your rights in your state, county, city, and school district, and give you advice on the next steps to take. Our network of dedicated, experienced attorneys can provide you with quick answers for bullying and harassment, as well as any other legal issue you may be having, all for one low, monthly fee, starting at just $29.95. Learn more about our Legal Protection Plans or Sign Up Now!

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Debbie Ferguson Debbie Ferguson

Avoiding Pitfalls of Online Sports Betting

A woman sits on a couch with a laptop, holding a credit card in one hand.
A woman sits on a couch with a laptop, holding a credit card in one hand.

As sports seasons come and go, millions of fans obsess over brackets, picks, and put down real money on the outcome of games and matches. It is now legal in many states to engage in online sports betting, and the industry is growing exponentially. Americans wagered nearly $53 billion last year and the online sports betting industry doubled in size. As when any market grows, legal questions come with it. You can always talk to your attorney through our Legal Protection Plans about any legal questions you may have regarding online gambling (or any other legal questions), but in the meantime, here are four things to remember about online sports betting.

Laws Governing Online Gambling Will Vary From State to State

Nearly half of states have legalized online gambling, but the rules vary depending on where you are; in some states, it's still illegal entirely. The first thing to know is if online gambling is legal where you live. Next, look up the laws in your state, even if it is legal, because the laws, rules, and regulations over online gambling are changing all the time. If you have questions about online sports betting laws in your state, you can consult with your lawyer.

Make Sure The Sports Book You're Using Is Reputable

Don't commit to the first sports book you find, particularly if you're new to online betting. Reputable sports books are more reputable and reliable, and they are more secure. Research any site you're considering, read reviews, and check with the BBB and other review sites to make sure they're legitimate before committing to anything.

Know Your Withdrawal Options

Some sites will require a deposit before allowing you to place bets, and they make withdrawing your winnings difficult. When this happens, it's usually one of two reasons: either withdrawals are not allowed in your state or the site may be a scam or fraud scheme. Because of this, really understanding how gambling sites are allowed to operate in your state - if at all - is extremely important (see above).

Protecting Your Personal Information

It's always important to protect your identity online, and, in a newer industry like online sports betting, there can be scammers in places you might not think of, eager not only to steal your money, but your data and identity, as well. Make sure to keep your passwords long and complicated (this makes them hard to hack), change all your passwords every couple of months, and research any company where you make an account to make sure that use security and encryption and have statements on how your data will be used. We also offer an Identity Theft Protection Service that many be of interest if you plan on participating in online gambling.

If you ever have questions about the legal aspects of life online, you can contact your attorney 24/7 with your questions and get answers, information about your rights, and get legal advice about online gambling, identity theft protection, and many more topics, all for one low, monthly fee of $29.95 for families and individuals. Learn more about our Legal Protection Subscription Plans or Sign Up Now!

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Debbie Ferguson Debbie Ferguson

Legal Implications of the Metaverse

A woman stands in a corner facing the camera with colorful computer code projected on her face
A woman stands in a corner facing the camera with colorful computer code projected on her face

The term "metaverse" is suddenly everywhere, but what does it really mean? While tech gurus are calling it the "future of the Internet," in more concrete terms, the metaverse is made up of virtual reality (VR) and augmented reality (AR) technologies, creating worlds where users can work, hang out, go to concerts, play games, engage in ecommerce, and more. People are represented in the metaverse by their avatars, which is a custom picture or animation that represents each person in the virtual world. Some current examples of the metaverse are the holograms in Microsoft Mesh and the upcoming releases of various features of the Facebook (now Meta) metaverse. The metaverse will bring in its own set of unique legal challenges. Read on for a little information on some of them:

Crime In The Metaverse

Creating a virtual world where people can do almost everything they can do in the real world, one element that, without some kind of legal safeguards, could cause problems, is crime, such as scams, cyberbullying, fraud, and more. There is currently no legal framework for this kind of crime.

Security & Privacy

The incoming wave of computer generated content will be massive, and will include such things as avatars, virtual goods, and more new forms of data and user information. Because the concept of the metaverse as a reality in our changing world is so new, there are a lot of unanswered questions surrounding security and consumer privacy when it comes to those troves of data.

Intellectual Property

The metaverse will both create opportunities and cause problems when it comes to the realm of copyrights, patents, trademarks, branding, and other forms of intellectual property. Changes to intellectual property laws will be inevitable as the metaverse grows.

E-Commerce

Online transactions in the metaverse will most likely take place using cryptocurrencies and NFTs (non-fungible tokens), and, right now, a large percentage of the population doesn't really know about or understand either of these concepts. While educating people about how these kinds of currencies work will be a monumental task, there are legal questions that go along with this kind of trading system, such as how laws will differ when purchasing or selling virtual goods. Since virtual real estate is already an NFT, will real estate laws in their present form apply in the metaverse? What about real world trespassing laws if an avatar uses your virtual real estate without permission? Will you be able to mortgage a virtual home? While these issues may make people laugh today, in the very near future - estimates say within the next 5 to 10 years - they may be a very real problem.

Ultimately, the metaverse is too new and too little is known about it to know much about how it will impact everyday people from a legal standpoint, but we do have an opportunity as a society to think about how we want this virtual world to operate in the legal realm. In the end, the most important thing to keep in mind is your rights, as the metaverse will impact everyone's lives in significant ways in the near future. If you have questions about your rights online or in the metaverse, you can speak with your network attorney through our subscription based Legal Protection Plans any time about these questions or any other legal matter, all for one low, monthly fee. Learn more about our plans for Individuals and Families and for Small Businesses today or sign up now!

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Debbie Ferguson Debbie Ferguson

How Small Claims Court Works

A photo of an out-of-focus man using a laptop and an in-focus gavel in the foreground
A photo of an out-of-focus man using a laptop and an in-focus gavel in the foreground

It's an unfortunate reality that disagreements sometimes have to be sorted out in court. From breaches of contracts to late payments, the types and kinds of cases that go through small claims court vary widely and the rules of small claims court are simpler and make it accessible for laypeople. Small claims court is only for civil disputes, so claims regarding immigration, criminal matters, or worker's compensation, among other, more serious matters, aren't heard in small claims court. Small claims court is more informal than a regular court setting, and regular people usually represent themselves; some states allow for parties in small claims court to have attorneys present and some states don't. Each state also has its own rules over the amount that one can sue over in small claims court; for instance, in California it is an amount lower than $10,000 for individuals and $5,000 for business claims. If you have a situation that may need to go to small claims court, your attorney through our Legal Protection Subscription Plans for Families & Individuals can help you prepare, help you know what to expect, complete paperwork and evidence, and, depending on your state, perhaps even represent you in small claims court. Learn more about the benefits of our Legal Protection Plans and read on for some tips for dealing with small claims court.

Make Small Claims Court Your Last Resort

It's usually easier and less stressful to solve the problem outside of court, so exhaust all your other alternatives to settle the matter before filing a petition in small claims court. Though filing fees are usually reasonable and the process is relatively simple, it is still a court action that will require at least one court appearance. Your attorney through our Legal Protection Plans may be able to help you avoid court by writing letters and making phone calls on your behalf, or negotiating with the other party for you, so take advantage of these services before filing paperwork for your small claims case.

Complete The Proper Paperwork

There are forms and documents to complete in order to get a court date. In some states, you will need to send a demand letter to the other party before you can file and wait an appropriate amount of time for them to respond. You may need copies of contracts or other documents to prove your case. You will have to have the other party served with the lawsuit, and this must be done by an uninterested third party, such as a process server. Additionally, state laws vary as to what constitutes "proper service," so it is important to know the rules for service where you live. You will also need to make sure that you're filing in the proper venue (the court in the state or county) and make sure that your claim amount is at or lower than the maximum claim amount for your state.

Case Preparations

You will need to make a list of all parties that will need to appear in court, and this is an important step as small claims court cases tend to move very quickly; they are usually heard within a few weeks to a couple months after filing. If you will need witnesses, make sure to contact and confirm that how they remember the facts is the same or very similar to your recollection. In some jurisdictions, an official affidavit (a sworn statement) is enough. You will also want to practice. As we mentioned, small claims cases move quickly; courts can hear several small claims court cases every day, so you will want to make sure that you can present your case quickly, efficiently, and completely. Keep your presentation of the facts and evidence concise and only pertaining to the facts of your case. Your attorney through our Legal Protection Plan will be able to explain how things work in the courtroom, what to expect once you're there, and give you advice on how and what to practice and what to say.

Show Respect

Showing respect and courtesy for the judge the court can go a long way; first impressions matter. Arrive early, dress appropriately, and be courteous to the judge and court staff. Use "Your Honor" when addressing the judge, never interrupt others when they're speaking, and don't be confrontational. Make sure all of your evidence, documentation, and witnesses are ready to go when it is your turn in front of the judge.

Follow Up

The judge's ruling on your case isn't the end of the matter; you will need to keep in contact with the court to ensure that the judgment is enforced, and this may mean additional actions to collect any money judgments, such as liens or wage garnishments.

If you are considering filing a small claims court case, your attorney through our legal subscription plans for families and individuals can help you prepare. Our network of attorneys are knowledgeable and experienced and can give you expert advice on how to proceed, even if your state doesn't allow them to represent you in small claims court. Learn more about all the benefits of membership or sign up today!

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Debbie Ferguson Debbie Ferguson

Legal Questions to Ask When Hiring A Tax Attorney

A pair of hands is folded in front of a laptop with financial charts on the screen.
A pair of hands is folded in front of a laptop with financial charts on the screen.

Taxes in general are stressful, and even the most well-intentioned among us can make mistakes, and, when it comes to the IRS, even a small mistake can come back to haunt you. The tax law experts in our network of dedicated, experienced law firms through our Small Business Legal Protection Subscription Plans can help you deal with all sorts of tax issues when it comes to running your small business, including navigating or avoiding audits or securing business assets. It's important to choose a tax attorney who can help you negotiate the ever-changing landscape of tax laws. Here are a few areas where you will want to ask questions of any potential tax attorney:

Credentials

The first question you should ask a potential tax attorney is if they are admitted to the state bar and what their credentials are. Make sure to ask for proof of those credentials: your lawyer should be licensed to practice law in your state, and, at the minimum, have a Master of Law degree. Less qualified lawyers may have lower fees, but they may end up costing you more in the long run. You can ask for referrals from small business groups, and check online reviews, as well. Attorneys who are registered with organizations will be included on public lists, such as the Tax Law Association.

Specialization

Tax attorneys tend to specialize in different areas of tax law, so make sure to choose an attorney who specializes in the area where you need help. Tax attorneys are experts at the intersection of accounting and law, so make sure to pick a lawyer uniquely suited for your needs. Ask if they have handled cases like yours.

Costs

Budgets vary, and you will want to make sure that the legal fees are within yours. Tax attorneys can be more expensive than other accounting or tax professionals, so the fees charged may be a deciding factor for you. Ask for an estimate so that you can budget and avoid any billing problems. Ask whether the lawyer you're considering charges by the hour or a flat rate, and get that agreement in writing. The more complex the case, the fees may be worth the cost. It's sad, but many people who need a lawyer the most are least able to afford it, and that's where our Legal Subscription Plans come in! You, too, can get legal help for your small business starting at just $49 per month.

If Things Don't Go Your Way

You will probably still have to pay legal fees even if you lose your case, but some attorneys work on a contingency fee arrangement, which means that your lawyer's fees will come out of any settlement you might receive as a percentage. If you're just looking to negotiate a payment plan with the IRS or CRA, it is unlikely that you will find a lawyer willing to work on a contingency fee arrangement, as most lawyers only take on these kinds of cases if there is the possibility of a large settlement and a good chance of the case working in their client's favor.

Most attorneys offer a free consultation so that you can ask questions and make sure that the attorney is a good fit for you and your case. With our Small Business Legal Protection Plans, you can get the legal help you need for tax issues for just one low, monthly fee. Plus, you will be able to get advice and ask questions of your attorney at any time without any additional cost. Have your lawyer look over contracts and agreements, help you compile an employee handbook, make phone calls and write letters on your behalf, and much more, all for one monthly subscription fee, starting at just $49. Learn more about our Small Business Legal Protection Plans or sign up your small business today!

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Debbie Ferguson Debbie Ferguson

2022 Small Business Tax Deduction Checklist

A calculator and some pencils site atop a pile of US tax forms with a Post-It Note that reads "Need Help?"
A calculator and some pencils site atop a pile of US tax forms with a Post-It Note that reads "Need Help?"

Small business owners are already busy people, but that workload goes way up at tax time. Making sure that you're getting every tax deduction available to you is important, and tax laws and regulations are changing all the time. If you need some help navigating the new tax laws, our network of qualified, dedicated small business tax attorneys through our Small Business Legal Protection Plans can be a life saver that's within budget. Read on for a 2022 checklist for small business taxes:

Reducing Taxable Income

Tax deductions for businesses must be "ordinary and necessary," according to the IRS, which means that these are things that are common expenses for your industry and needed for you to do business. These include:

Health Care Tax Credits for Small Businesses

If you provide health insurance for fewer than 25 employees, you can deduct 50% of the costs of premiums, and smaller employers get a bigger credit than larger businesses.

Rent

You can deduct the entire cost of your rent for business use so long as you are not receiving title or equity to the property.

Depreciation

Equipment that you use day-to-day to run your business will lose value over its lifespan, and you can deduct that depreciation. You may need assistance from a CPA or tax lawyer to determine the rate of depreciation.

Insurance

Business insurance is 100% deductible.

Home Office

If you have a space in your home where you conduct business, you may be able to take a tax deduction for this square footage.

Transportation

Some professions require travel, and this includes driving time in your local area. The standard federal deduction for mileage is .58 cents per mile. You can also itemize these costs, and that requires keeping, recording, and tracking receipts of fuel, mileage (both personal and business related, if you're using your own vehicle), maintenance, parking, tolls, and more.

Advertising

Any costs related to advertising to attract business can be deducted, including marketing efforts for gaining or retaining clients. You cannot deduct the costs of lobbying.

Education

If you have paid for employee training or training for yourself, you can deduct those costs.

Office Supplies

Provided that you do not take inventory of office supplies at the beginning and end of the year, and that you do not keep records of when office supplies were used, and that taking the deduction doesn't make a huge change to your business income, you can deduct office supplies, such as printer inks and papers, writing utensils, software, cleaning supplies, and more.

Travel

Leaving town probably means additional costs, and these are calculated separately on your taxes. Fares for planes, trains, subways, rental cars, ride sharing services, taxis, hotels, food, and more are tax deductible so long as they are "ordinary and necessary," but you'll need to keep all your receipts.

Utilities

So long as you can prove that they were for business use, you can deduct the costs of your electricity, gas, heating, telephone, and more.

Costs of Startups

Some of the costs of starting your business may be tax deductible. There are additional deductions if you start an employee retirement plan.

Salaries and Benefits

You can deduct the costs of employee salaries, commissions, and bonuses.

Charitable Donations

Any cash donation made to a qualified organization can be deducted.

Business Meals

You can deduct 50% of the costs of business-related meals, both in and out of town. Employee parties and the costs involved can be deducted at 100%. Meeting or entertaining clients where you don't discuss business cannot be deducted.

Bad Debt

Any outstanding customer debt you have been unable to collect can be deducted.

Retirement

You can deduct the cost of your own retirement plan if it is qualified.

Taxes are complicated and complex, particularly when you run a small business. You have enough to worry about without adding the stress of a possible audit to it. Our Small Business Legal Protection Plans give you access to our network of qualified, dedicated small business attorneys who specialize in tax services for small businesses. Our experienced lawyers can make sure your tax documents are correct and help you avoid audits and other nasty tax surprises. Learn more about the benefits of our Small Business Legal Protection Subscription Plans or Sign Up Your Small Business Today!

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Debbie Ferguson Debbie Ferguson

Real Estate Attorneys Make Selling Your House Easier

A high angle photo of a suburban neighborhood
A high angle photo of a suburban neighborhood

Many people don't realize how much a real estate attorney can help when they're selling a house. The thought of hiring a lawyer to help sell your house may seem like a luxury, but, in some states, it is actually a requirement. Having a real estate lawyer on your side when things get complicated for the average homeowner - or even a real estate agent - can be invaluable, and our Legal Subscription Plans for Families and Individuals makes having a lawyer during the sale of your home affordable.

Local Laws

Some are surprised to learn that there are local laws surrounding the sale of real estate, and violating them unknowingly can be costly. A real estate attorney can walk you through any local laws or regulations and advise you on how to comply with them.

For Sale By Owner (FSBO)

When a home is sold without the aid of a real estate agent or a broker, it is called a For Sale By Owner (FSBO) arrangement.  While it is not illegal to sell your home without a professional representing you, there is a considerable amount of paperwork, documentation, and regulations that you will need to navigate. If you are selling your home on your own, a real estate lawyer can advise and guide you through the process and give you additional guidance if issues come up.

Judgments and Liens

Before you sell your home, you'll need to settle any adjustments or liens on the property. These kinds of issues should probably be addressed before listing the property for sale as they can scare away potential buyers. An attorney well versed in real estate law in your state can help you negotiate payment plans or otherwise ensure that these roadblocks are removed.

Title Search

Liens and Judgments typically are found during the title search process, but the title search can also uncover other problems, such as clerical errors, unknown heirs or claimants, or illegal deeds, any of which can slow down or stop the sale process. Real estate attorneys are experienced dealing with these issues and can prove invaluable.

Easements

An easement is an agreement with another party that grants them rights to access your property or build on your land for certain purposes; for instance, the local government may have the right to put in utility lines through your land. Certain buyers may turn down buying your property based on these agreements, depending on how restrictive they are. A lawyer can help you through the process of determining the restrictions and how durable the agreement is and if the agreement may be dissolved, and, if so, how that can be done.

Home Sales After Divorces

Selling a shared marital home can be stressful, and the situation can be complicated if both spouses are named on the deed. A real estate attorney can help you unravel the question of ownership and the division of the asset.

Foreclosures

When the unexpected happens, having an affordable option to legal advice can help you move forward without breaking the bank. A real estate attorney through our network of qualified, dedicated law firms can help you negotiate with your mortgage lender to adjust or refinance your home, helping you avoid foreclosure. If this option won't work, your lawyer can also help you negotiate a possible short sale with loan forgiveness.

Tenants

Renters can help with a mortgage, but they can also sometimes present their own set of problems, especially when you want to sell your home. Tenants have rights and cannot be evicted because you're selling your house. An attorney can advise you on the legal aspects of your tenant so that you stay within the law to your renter and selling your home.

Estates

When you inherit a home, selling the asset can be complicated. Estate sales are one of the main reasons that people contact attorneys regarding real estate, and for good reason. An experienced, dedicated real estate lawyer can make sure that the sale of an inherited property is done properly and that the tax burden doesn't weigh you down.

All of the above aspects of selling a home are great reasons to contact a real estate attorney if you're considering selling property, and with our Legal Protection Plans for Individuals and Families starting at just $29.95 per month, it is an affordable option to making sure that the sale is as easy and stress-free as possible. Learn more about all the benefits of our legal subscription plans or sign up today!

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Debbie Ferguson Debbie Ferguson

Protecting Your Small Business & Preventing Lawsuits

Three people having a conversation in an office.
Three people having a conversation in an office.

Small business owners are typically focused on the day-to-day operations of their companies, but lawsuits against small businesses can and do happen all the time. A lawsuit can grind business to a halt and take up valuable time, money, resources, and even your reputation. How can you protect your small business? While it's impossible to promise that your small business will never get sued, there are some steps you can take to lower your risk of litigation, and the first of these is to get a small business attorney on your side from the start. For many small businesses, keeping a lawyer on retainer isn't in the budget, but with our Small Business Legal Protection Plan Subscriptions, you, too can have the peace of mind of knowing that your legal bases are all covered. Read on for more steps to protect your small business from legal problems:

Choose the Right Business Entity From The Start

Knowing the legal requirements for setting up a business is the first thing any person who is thinking of starting a small business should do, as this is often your first line of defense for protecting yourself and your assets. There are certain legal requirements needed for each type of business entity, and you can learn more about each in our Small Business Series here at our blog.

Get Everything In Writing

Verbal or handshake agreements aren't enough to protect your small business from lawsuits. Every agreement your business enters into should be backed up in writing, the contracts reviewed by an attorney, and signed by all parties involved. These agreements can be for non-disclosure agreements, non-compete agreements, and, of course, contracts. You'll likely encounter many different types of contracts in the course of doing business, including purchasing equipment, employment contracts, vendor contracts, maintenance contracts, rental agreements, and many more. Making sure that contracts are properly prepared to be legally enforceable in your state, clearly define responsibilities and rights of all parties involved, contain proper dispute resolution, default, and termination clauses, among other items, is critical.

Understand Employment Law

If your small business will have employees or contract workers, you will need to understand the ins and outs of employment law. Consulting with an experienced, dedicated employment attorney can help you not only understand laws as they pertain to the rights of workers, but your business' rights and responsibilities, how to assemble an employee handbook with legally enforceable guidelines for employees and contract workers, unemployment, termination, and much more.

Intellectual Property Protection

One of the most complex areas of business law includes intellectual property law, which includes copyright, patents, and trademarks. Making sure that intellectual property owned by the business isn't resold by former employees, that your inventions don't violate someone else's patents or copyrights, and making certain that your branding and logos are free from infringing on someone else's intellectual property are all things that a small business attorney will be able to handle on your behalf. This includes research, preparing paperwork, and helping you address any infringement issues that may crop up over time.

Taxes

Another complex area of business is taxes. Again, a small business lawyer well versed in the ins and outs of tax law will be able to help minimize tax burdens, avoid audits, protect your personal assets, and put your mind at ease.

If the thought of your small business getting sued makes you nervous, protecting your company can be far easier than you might have imagined. Our Small Business Legal Protection Plan subscriptions can put you in contact with a small business attorney in your state who can help you navigate all legal aspects of your small business, from choosing a business entity to contracts, to debt collection, to employment issues, and much more. Learn more about all the benefits of our Small Business Legal Protection Plans, or sign up now!

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Debbie Ferguson Debbie Ferguson

When You're Short Staffed: A Brief Business Owner's Guide

A man wearing a white shirt and black apron pours champagne into rows of glasses on a restaurant counter
A man wearing a white shirt and black apron pours champagne into rows of glasses on a restaurant counter

Millions of American business owners have heard this refrain over the past two years: "I tested positive for COVID, so I can't come to work today." With so many workers out sick while the workload piles up, business owners, managers, and other employees are burning out as they cover for those who are ill. Nearly three-quarters of packing companies reported more employee absences since the start of the pandemic. If you're having problems with staff shortages at your small business, you may find it useful to create an employee handbook if you don't already have one or update your current handbook to reflect the stressful circumstances of dealing with COVID-19. Your small business attorney through our Small Business Legal Protection Plans can help you go over your handbook to make sure that all your guidelines are legal and enforceable. In the meantime, here are a few tips for dealing with staffing shortfalls:

Help Your Staff

Some business owners are very “hands off” regarding the day-to-day operations of their businesses, but these trying times may mean that it's time to pitch in. This will show employees that you care, that you don't want them to be overworked, and that it's important that the business stays running to a certain set of standards while others are out sick.

Prioritize

If you have several employees out sick, it may be time to prioritize tasks to make sure that what absolutely must be done gets done while less important tasks are put aside for later, when you have a full staff. Make a list of tasks and decide which are the most important and which ones can wait a little bit. Make sure your team members and employees are in the loop and check off the priorities list together.

Simplify

Look into if there is technology that can lessen workers' workloads or if some processes can be automated. Ask your employees if they have any ideas for how work can be streamlined.

Hire More People

It's not always possible, but if you can, hire more employees, temporary work staff, or contractors to pick up the slack. Depending on your industry, you may be able to outsource some work to freelancers until your full-time staff can safely return to work.

Ask Employees for Input and Ideas

This not only has the benefit of finding solutions from the people who do the work every day, but it lets your staff know that you're listening and know they're struggling.

Show Your Appreciation To Present Employees

Make sure that those employees who are working every day and picking up the slack know that you appreciate them. A bonus in their paycheck is a great way to show how much you appreciate their effort.

Let Your Customers Know

Most customers will understand that you're dealing with a stressful situation when your staff is out sick. Put up some signage asking for patience and don't let unruly customers bully your staff.

If you have questions about employee rights and employer rights during the pandemic, don't hesitate to talk to your small business attorney through our Small Business Legal protection Plans. Your small business lawyer will be able to help you understand your rights and responsibilities to your employees, what your employees' rights are, and possibly help you find solutions. Learn more about all the benefits of our Small Business Legal Protection Plans or sign up now!

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Debbie Ferguson Debbie Ferguson

No Surprises Act Prevents Medical Bill Surprises

A doctor in an exam room writes on a piece paper on a clip board
A doctor in an exam room writes on a piece paper on a clip board

Nobody enjoys getting a bill, but it's twice as unwelcome to get a bill you weren't anticipating. Most Americans either have experienced receiving a surprise medical bill themselves or know someone who has. A recent survey found that an average of 18% of ER visits result in at least one unexpected bill. But there is some relief: Congress passed the No Surprises Act that went into effect on January 1, 2022 to specifically prevent these kinds of unwanted surprises. Laws regarding surprise medical bills - particularly new ones, like the No Surprises Act - can be confusing and tricky to navigate, particularly if you have recently received an unexpected medical bill. Our network of dedicated, experienced attorneys can walk you through the consumer protections of the No Surprises Act and what to do if you get a surprise medical bill. Learn more about our legal protection plans and read on for an overview of the No Surprises Act.

The New Rules of the No Surprises Act

  • The Act bans surprise bills stemming from emergency care - such as treatment in an ER, ambulances, or when you are unknowingly treated at an in-network facility but by an out-of-network physician - and requires that co-pays and other cost sharing be determined by in-network rates.

  • The Act prohibits unexpected billing from out-of-network providers if you go to an in-network hospital for care, and any cost sharing from those visits will be determined from in-network rates.

  • The Act requires that facilities and providers send straightforward notices that explain all applicable billing, protections, and contact information.

Consumer Protections for Uninsured Patients

Uninsured patients are considered self-paying and must cover all bills out-of-pocket. The No Surprises Act protects uninsured patients by requiring providers to give a "good faith estimate" of total costs before giving you non-emergency care. This estimate must include projected costs for treatment as well as any expected additional costs. If the final bill you receive exceeds the good faith estimate by more than $400, you have the right to challenge the charges.

Your State May Provide Additional Protections

More than 30 states have introduced safeguards against surprise medical billing, but only 17 are considered comprehensive. These 17 states offer extended protections that cover in-network emergency situations, but they only apply to certain types of insurance and in specific scenarios.

While Federal laws cover most insurance plans, some state law provisions may differ from Federal law, and in those cases, Federal laws defer to the states.

If you have questions about a medical bill you received or want to find out if the No Surprises Act can help you with a medical bill, you can contact your attorney through our network of lawyers using your subscription to our legal protection plans any time of the day or night, 24/7 using our app or by telephone. And at just $29.95 per month, it pays for itself the very first time you use it. Your attorney can give you advice on the consumer protections as they relate to your specific situation, including your insurance, your state law, and even write letters or make phone calls on your behalf. Learn more about all the benefits of membership in our legal subscription plans or sign up now!

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Debbie Ferguson Debbie Ferguson

Attorneys Warn Workers to Be Careful With Social Media

A hand holding a smart phone filled with social media pictures next to a cup of coffee.
A hand holding a smart phone filled with social media pictures next to a cup of coffee.

We live in a world that is increasingly online for communication, photos and videos, shopping, entertainment, business, and banking. Having access to the world from the palms of our hands makes it incredibly simple to share our thoughts, pictures, shopping finds, news, and more with just a click. While it is an exciting feature of our interconnected lives, social media can also be dangerous. Using social networking to chat and connect with others about our personal and professional lives has given rise to legal cases stemming from employers seeing employees' social media posts as being detrimental to their businesses. This brings up all kinds of questions: what speech is protected? How far is too far? Could a business experience legal problems for what an employee posts online? Lawyers are urging caution when it comes to online activities, both for employees and employers. If you have questions about how much control your employer can have over your online life or if you're an employer wondering if you can impose limits to what your employees post online, our network of experienced, dedicated attorneys can give you advice before a problem occurs to avoid the issue altogether, or help you through any legal issues that might have arisen from online content. Learn more about the benefits of our legal subscription plans for small business or for individuals and families and read on for a few general tips.

What Is Protected Speech?

Employees often have the misconception that the Freedom of Speech in the First Amendment to the US Constitution protects them and that they can say whatever they want, but this is not true. Freedom of Speech rights are not as strong in the work place and only a few types of speech are protected under the First Amendment and by the National Labor Relations Act, such as speaking in your workplace about your religion or talking about issues of public concern.

Online settings are not the workplace, and you do have the right to post about your wages, hours, and working conditions; however, you cannot posts threats, racial epithets or other hate speech, disclose trade secrets or other confidential information about your employer, or harass anyone, and employers have the right to look into social media posts to make sure that their information stays confidential or that their company is not being misrepresented by employees. For example, employees have been caught making false reviews about employers on review sites, impersonating a company's competitor and making comments, and making defamatory statements about an employer. These actions create legal problems for everyone involved.

Each case will vary, but the legal consequences can be devastating, and, even if you are not legally impacted, your reputation - or your company's - can suffer.

Creating Boundaries

Companies who are worried about employees posting problematic things online can and should have a social media policy in their employee handbook. Creating a policy that breaks down what employees can and cannot talk about online can avoid having employees disclose trade secrets or other confidential information. Attorneys advise that employers should proceed with caution here because you can create different legal problems for your company if you create rules that limit what employees can say too aggressively.

Trials Are On The Rise

In the not-too-distant past, hearing about defamation or libel usually only pertained to newspapers, magazines, and other media publishers. Those days are long gone. The ability for anyone to post anything at any time in a public forum means that each individual person is liable for what they publish online. Attorneys warn that it is crucial that you know your rights in regards to social media, regardless of whether you are an employer or an employee.

Social media is only getting bigger and its use has gotten more normalized over time. It is critical now more than ever to understand your rights and responsibilities before using it. Take the time to consider your words before you post and think about possible consequences of your content before publishing it in public. Remember: the Internet is forever and content never really goes away, even if it is deleted. If you have questions, either as an employee or as an employer, about your rights, responsibilities, and legal liability in regards to social media and the Internet, you can speak with an experienced, dedicated attorney today about your concerns through our legal subscription plans. We have plans tailored to individuals and families as well as plans that cater to the needs of small businesses, all for one low, monthly fee.

Learn more about our legal subscription plans for families and individuals or sign up now! If you're a small business, you can learn more about our business-specific plans or sign up today!

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Debbie Ferguson Debbie Ferguson

Can Your Boss Fire You For Job Hunting?

A red haired man sits at a desk, looking through a file folder while using a landline telephone.
A red haired man sits at a desk, looking through a file folder while using a landline telephone.

Millions of people are currently looking for a better job fit amid "The Great Resignation." The Coronavirus prompted many people to make changes in their work lives; according to studies, more than half of working Americans are actively looking for a new full-time job, even if they already have one. With as many people as are working and looking for different employment right now, some wonder what happens if your current boss finds out that you're job hunting. Could you be fired? Because all US states are what is known as "at-will states," the answer is yes. An experienced employment lawyer can help you go over any contracts or agreements you're asked to sign at your job, as well as give you advice on any specific employment situation you're dealing with at your current place of work. Learn more about our legal subscription plans for individuals and families and read on for some job hunting basics.

What Is An At-Will State?

At-Will means that an employer can fire you for at any time, without notice, for any reason not specifically protected by EEOC laws. Most states have some exceptions; for instance, 42 states and the District of Columbia have an exception for public policy, which means that you can't be fired for reasons prohibited by state or federal laws. There are also "implied-in-law" exceptions.

It's Not Common, Though

Employers have the right to fire you for any reason, including job hunting, but it is pretty rare for employers to do so because employees who are fired from their positions are usually entitled to certain benefits, such as unemployment benefits, whereas employees who resign or quit on their own aren't entitled to those benefits.

When Non-Compete Agreements Are In Play

If you signed a non-compete agreement, you may be prohibited from working for a competing business, company, or industry for a specified amount of time stated in your contract, usually for some time after your employment has ended. Non-compete clauses vary state-to-state, and some aren't enforceable in some states. Make sure to read any non-compete contracts you're asked to sign as they can limit your future opportunities. Non-compete agreements must be found to be "reasonable" by a court and approved. The court ensures that the clauses in a non-compete are not too limiting, are limited by geography, and has a reasonable definition of what qualifies as "competition."

What If Your Boss Asks You If You're Job Hunting?

There is no law or restriction prohibiting employers from asking if an employee is job hunting, and some may take it personally and terminate the employee. If you choose to look for another job, make sure that the process doesn't take away from your current job's duties; schedule interviews on days off or use PTO and don't apply for jobs while you're at work.

Learn More About Your Rights As A Worker

Employment laws and worker's rights laws can be confusing, and adding in contracts and agreements to the process can make it more so. Having your attorney look over any contracts you're asked to sign or give you advice on a specific situation can give you confidence to go ahead with your plans and seek out new opportunities. Learn more about the benefits of our legal subscription plans for individuals and families or sign up today!

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Debbie Ferguson Debbie Ferguson

It's Tax Time Again: Are You Ready?

A small sign with the word TAXES in block letters sits on a pile of US money.
A small sign with the word TAXES in block letters sits on a pile of US money.

The 2022 tax season in the United States officially began at the end of January, but the IRS is saying that this year's taxes will be challenging due to a variety of factors. If you need assistance with new tax laws or IRS audits, our network of dedicated, experienced attorneys will be able to help you 24 hours a day, 7 days per week through our Legal Protection Plans for Individuals and Families. Learn more about the benefits of our subscription plans and read on for a some basic 2022 tax tips:

Will there be COVID-related tax delays?

The IRS is warning that COVID-19 and funding issues are going to make this tax season a challenge for the agency. The IRS is recommending that you file as early in the tax season as you can and to avoid submitting paper returns if at all possible. You can also speed up your refund by choosing to have your refund direct deposited. The IRS says that most returns filed electronically have refunds deposited within 21 days.

Are W-2s Delayed?

The deadline for mailing W-2s is January 31, 2022, so if you are a W-2 employee, you should have received your tax documents at the end of January or beginning of February. If you didn't receive these documents yet, contact your employer and/or your HR department as soon as possible.

What Is The Recovery Rebate Credit?

Recovery Rebate Credits let you lower your taxes or get a credit for your Economic Impact Payment if you didn't get one last year. If you received less than the full amount or didn't qualify for the third Economic Impact Payment, you may be able to claim the Recovery Rebate Credit. All taxpayers will receive a letter from the IRS (Letter 6475) detailing the total amount of Economic Impact Payment you received in 2021.

Are There Tax Breaks for Unemployment Payments This Year?

Unfortunately, no. The temporary tax break for unemployment benefits that was available in 2020 was not renewed for the 2021 tax year. For 2020 taxes, the tax break applied to those with an Adjusted Gross Income less than $150,000 who got unemployment benefits in 2020.

What About Child Tax Credit Payments?

If you received advance Child Tax Credit payments in 2021, watch your mail for IRS Letter 6419 which details the amount of Child Tax Credits sent to you in 2021. The IRS began mailing these letters in December of 2021. You can also access this information at the IRS web site.

Are There Any Changes to Filing Deadlines?

The deadline to file your tax return is April 18, 2022, giving tax filers an additional three days to prepare tax return documents and mail them to the IRS. Tax filers impacted by tornadoes in Illinois, Tennessee, and Kentucky in December 2021 or by the wildfires in Colorado in 2021 have until May 16, 2022 to file their returns.

Taxes are tedious and can be complicated, but if you are a business owner, have an unusual financial situation or just have questions about taxes, a dedicated, experienced attorney through our legal subscription plans can address your questions and concerns about your taxes so you can scratch your taxes off your to-do list with peace of mind. Learn more about our legal subscription plans for individuals and families or for small businesses, or sign up today!

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Debbie Ferguson Debbie Ferguson

The Right To Repair and What It Means For Consumers

A repair technician works on a piece of electronics
A repair technician works on a piece of electronics

Giant tech companies like Apple and Microsoft have long imposed rules and restrictions on consumers regarding repairs on their products, limiting who, how, and where devices such as video game consoles, cell phones, and more can be repaired. Farmers and others who have purchased heavy equipment and farm implements have also been subjected to cumbersome restrictions when machines used for work and livelihoods break down, meaning that they must wait for a certified repair tech to fix their expensive equipment. A new law in the United States will loosen these restrictions, allowing consumers more choices when it comes to having purchases repaired. This rule would stop manufacturers from preventing consumers and independent repair services from repairing devices.

What Does This Mean For US Residents?

This Right to Repair law will:

  •  Create more competition in the marketplace

  • Increase wages for American workers

  • Lower repair costs for consumers and farmers

Agriculture will probably see the biggest benefit to this new rule, who, for decades, have been forced to pay for costly repairs to farming equipment by the manufacturers like John Deere, who withholds software that is needed; even basic repairs and maintenance must be done at a dealership. Additionally, farmers will now be allowed to sue processors if the farmers are retaliated against or underpaid. The rules also block companies from labeling food as a "Product of the USA" if the product was produced or processed overseas.

Consumers Benefits and Risks

This rule will make repairing products you've purchased more affordable and will expand options when looking to get products repaired. Big tech and other manufacturers are warning that repairing products yourself could pose health and safety concerns, warning that the reason they have required that they - pr certified repair technicians - fix broken products is due to dangerous outcomes if consumers repair tractors incorrectly or install batteries. Environmental advocates have come out in support of the new rules saying that consumers will repair more products rather than throw them out due to the cost of having them repaired.

If you have questions about consumer law, your provider attorney will be able to answer them for you, including issues surrounding the repair and maintenance of tech or expensive equipment. In fact, with our legal subscription plans for individuals and families, you'll have access to dedicated, qualified attorneys 24/7 through our app, and your attorney will be able to give you advice, answer questions, review documents, and make calls and send letters on your behalf, and much more, all for one low, monthly subscription fee! Learn more about the essential benefits of our legal subscription plans or sign up now!

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Debbie Ferguson Debbie Ferguson

Employment Contract Red Flags

Papers on a desktop with the word CONTRACT in bold, all caps.
Papers on a desktop with the word CONTRACT in bold, all caps.

A federal court recently ruled that Tesla must pay a former contract worker $137 million in damages following a claim of abuse while working for the company. Owen Diaz worked for Tesla as a contract worker and dealt with a hostile work environment. Other employees bullied him and other African American workers, including racist graffiti and drawings. It's a shocking story, but if Owen had signed his Tesla contract, he wouldn't have even been able to take the company to court over the abuse they did nothing about. The employment contract with Tesla stipulated that all disputes had to go through mandatory arbitration, which prohibits parties from taking each other to court, requiring all involved to settle claims and disputes privately. It rarely works out in favor of employees when included in employment contracts. These arbitration clauses prevent employees from taking an employer to court if there is a dispute, so it is a good idea to review employee contracts carefully to see if this kind of language is included.

Whether you're a short-term contractor or a long-term employee, it is critical that you read and understand what your rights and responsibilities are according to any employment contract before you sign it. Your provider attorney through our Legal Protection Plans for Individuals and Families will be able to walk you through any employment contract your employer asks you to sign and help you work through potential resolutions for any terms that strip you of your rights or throw up any other red flags.

What To Look For

Restrictive Covenants

Restrictive covenants are usually included in employment contracts to protect the company, other employees, or clients of the company. These could include clauses such as non-compete, non-disclosure, or non-solicitation.

Job Description

Even if you already know what your duties on the job will be, it is important to make sure that the language used and description of your job match up with any job description  where you applied or in your interview or other documents. If the description of your job differs, you should bring this up with Human Resources or the hiring manager. If the changes are significant, talk to your attorney about appropriate next steps.

Salary & Requirements

Again, if the language or details in the employment contract differ from what you were told in your offer letter or other communication, speak to the hiring manager or Human Resources for the company before signing. You can also discuss this with your attorney so you have a firm knowledge of what to say. This section should also include details on how and when you will be paid and how any bonuses are distributed and your eligibility.

Working Hours

Double-check the details here, too. Make sure that the start date, number of weekly working hours, and days off all match what you have been previously told. Again, if there is a discrepancy, speak to HR or the hiring manager. You attorney can help you here, too.

Sick Leave and Holiday Pay

Understanding policies surrounding sick days and holidays is also important. What does the contract state are the procedures and policies for taking time off, whether you are required to take your time off or lose it after a certain date, and if there are any days that are company holidays?

If you ever receive an employment contract from an employer - whether a new one or one you have worked with for years - and you need clarity or a better understanding of your rights, you can call your provider attorney any time for advice, document and contract review, and more at no additional fee. For just $29.95 per month, you can have the piece of mind knowing that you understand any contract given to you before you sign a legally binding document. Learn more about all the benefits of our Legal Protection Plans for Individuals & Families, or sign up today!

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Debbie Ferguson Debbie Ferguson

What Is Predatory Towing?

Looking up at buildings in a city from street level; a tow away zone sign is prominent in the foreground to the left
Looking up at buildings in a city from street level; a tow away zone sign is prominent in the foreground to the left

Imagine finishing up after a long day at work, walking to your car and finding that your vehicle is missing. A note left in the parking spot tells you that it has been towed. But you haven't done anything wrong: you park in that same spot every day. Cases of predatory towing are on the rise and recorded instances of predatory towing reached an all-time high last year. In Colorado, there have been numerous reports of predatory towing, where towing companies have been accused of targeting vehicles with expired license plates during the pandemic, at a time when renewal offices were closed and state agencies had instituted deferments for licenses until offices reopened. They also targeted mobile home parks and lower income communities and low-income housing and apartments, targeting those most vulnerable. While there are predatory businesses all the time, the pandemic and tough times in general has ratcheted up the number of these kinds of shady companies, eager to seize on any money-making opportunity that they can, even if it means taking advantage of innocent people. If you’ve been towed when you’ve done nothing wrong or been the victim of a predatory towing scam, your attorney through our legal protection subscription plans for individuals and families will be able to give you advice and help you through the next steps. Read on to learn more about how you can protect yourself from this predatory practice.

So how can you protect yourself? What are your rights?

Uncertainty about your rights can mean that you don't take the necessary steps to fight the companies and their reasons for towing your vehicle. State and local laws can vary, but there are some common tips:

  • If you were parked on private property, check for signs stating that the area is private. If there is no sign, you may have a defense; however, some states - like Washington State - allow for cars to be towed from private property even if there is no sign stating that parking is prohibited. Signs that mark private property and prohibit parking should also have the name and number of the towing company printed on it.

  • You have the right to collect possessions from your car. You will be asked to prove that you are the owner of the car, usually by comparing your driver's license to the car's registration that is kept in the car.

  • Most states require towing companies to accept debit and credit card payments and not just cash, but check with your local laws to make sure this is the case in your area.

If you've been towed and you're certain that the towing company is in the wrong based on the situation and local laws, here's what you should do next:

  • Document the scene by taking photos of your car, any nearby signs regarding parking rules , and the surrounding area. If the towing company damaged your car, document that, as well.

  • Keep records and receipts. If you paid a parking meter or kiosk, keep the receipt as proof and photograph it, too, just in case.

  • Contact the local authorities and file a report.

In these situations, an experienced attorney will be able to walk you through the process of correcting the situation and our legal subscription plans for individuals and families gives you access to qualified attorneys 24/7 for just $29.95 per month, basically paying for itself the first time you use it. You will be able to talk to your attorney about the specific towing laws in your state, county, and/or city, and your lawyer can help you protect your rights throughout the process. You will also be able to talk to your attorney about an unlimited number of topics ranging from disputes, consumer finance, family law, and much more, all for one low, monthly fee. Learn more about the benefits of our legal subscription plans or sign up now!

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