October 2012
Can Your Boss Demand Access to Your Facebook Page?
What about your school? What about your spouse?
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It seems that every few weeks a new story pops up about a boss/principal demanding access to an employee/student’s Facebook page after hearing that the employee/student posted something inappropriate or non-flattering about their job/school. For today, let’s set aside the issue of whether or not it is a good idea to trash your boss in a [mostly] public forum and ask this question: Can your boss/employer/school demand access to your Facebook page? Can they compel you to turn over your password? 
Employers/Employees:
Generally speaking, if you are an “at will” employee (meaning you don’t have a formal employment contract), your boss can probably ask for your Facebook password, and fire you if you refuse to turn it over. You may then be able to team up with the ACLU to sue your employer for violating your right to free speech, but it probably would not be worth it. Private employers are given wide latitude to regulate their employees. While it may mean a PR hit if you are perceived as Big Brother asking for access to your employee’s private social media sites, the other side of that coin is allowing employees to bash their employers online with no recourse for the company.
Principals/Students:
If you’re a student, and your principal asks for your password, you probably need to turn it over. However, this is a much more complicated situation than in the working world. A government-run school district has to follow a different set of rules than a privately-owned business. In the scholastic environment it is a clash of two competing principles: The students constitutional rights vs. the school’s need to maintain a controlled and positive environment for education. There have been a number of lawsuits on this topic in the last few years, and different courts have come to different conclusions about how to balance the students’ right to criticize their school with the school’s right to discipline students for harming the education environment. Nonetheless, for the time being, in most states the school can demand access to your social media accounts.
Is there any way to stop an employer/school from getting my Facebook password?
There isn’t anything you can do personally (other than not trash your boss/school online), but state legislatures throughout the country are beginning to take measures to protect employees/students from being forced to turn over their social media accounts/passwords.
Delaware passed the Higher Education Privacy Act prohibiting university officials from forcing students to turn over private social media information. The statute reads, in part: “An academic institution shall not request or require that a student or applicant disclose any password or other related account information in order to gain access to the student’s or applicant’s social networking site profile or account by way of an electronic communication device.” And also states officials cannot require “that a student or applicant log on to a social networking site, email account, or any other Internet site or application … in the presence of an agent of the institution so as to provide the institution access.”
California, Maryland, and Illinois all passed laws this year prohibiting employers from demanding access to private social media accounts/information, and other states are likely to follow suit in the next few years. Unfortunately, in the interim, if an employer/possible employer demands access to your Facebook page as part of your annual review/job interview, you are going to have to turn the information over.
[Oh, and about your spouse: If your spouse is demanding access to your Facebook page, you have much bigger problems than social media. Seek counseling.]
If you have questions about this article, or there are other legal issues you need help with, contact Grand Rapids Attorney Todd Neckers at (616) 422-5082 or contact@neckerslaw.com.
The information on this blog is for informational purposes only. The posts are not intended to be legal advice. No attorney-client relationship is formed nor should any such relationship be implied.
How to Financially Prepare for Divorce or Separation
One of the hardest realizations when going through a divorce is looking at what were the family finances, and (approximately) splitting them down the middle and walking away. All that money in your 401k? Half of it is going to your spouse. Same with the equity in your house. Same with your emergency fund. That means that as soon as you think (or know) that a divorce or separation is on the horizon, whether by your choice or your spouse’s, it is time to start preparing financially for divorce or separation.
So how can you financially prepare for divorce or separation?
1. Talk to a financial planner.
The first thing you need to do is talk to a financial planner, and you probably don’t want this to be the person who was acting in that role for you and your spouse. Your attorney should be able to recommend a couple of options in this regard. This step is particularly important if your spouse was the main bookkeeper for the family.
2. Begin gathering as much financial data/documentation as possible.
There are 2 reasons for this: (1) You need to be educated on where you and your spouse stand financially going into the divorce so that you can have some expectation as to where you’ll stand coming out of it; and (2) This will help arm you in case the divorce turns nasty. Every bitter divorce battle eventually includes an allegation that one spouse is hiding/stealing money. The more documentation you have, the easier that battle will be.
So what kind of documentation should you collect? Tax returns, bank statements, retirement account statements, credit card statements, mortgage statements, college savings plan statements, copies of life insurance policies, and copies of any monthly/recurring bills.
3. Make a budget.
When you’re married, you only have two people sharing the rent/mortgage payments, utility bills, health insurance costs, etc. Now that you’re going to be single, you’ll need a plan for paying for everything on your own. This is a harsh reality because life is expensive. Talking with a financial planner can help calm your fears about being able to afford single life, but it is probably time to start cutting back on some of the more expensive and non-essential purchases is certainly a good idea.
[Please note that none of these suggestions involves starting to hide money from your spouse. That is called fraud and is illegal.]
If you have questions about this article, or there are other legal issues you need help with, contact Grand Rapids Divorce Attorney Todd Neckers at (616) 422-5082 or contact@neckerslaw.com.
The information on this blog is for informational purposes only. The posts are not intended to be legal advice. No attorney-client relationship is formed nor should any such relationship be implied.
Political Yards Signs in Michigan
I’m sure many of you are already sick of seeing the TV ads, billboards, and yard signs promoting (or trashing) your favorite candidate/issue. Today we’re going to talk about political yard signs in Michigan.
What are the rules? How many can you have? When can you put them up? Do you ever have to take them down?
The first thing to note is that the rules for political yard signs in Michigan are largely determined on a city-by-city basis. The State’s laws govern political signs placed near public highways, and city/township laws cover signs in residential and commercial areas within that city/township.
How many political yard signs can I have?
Good news — as many as you want! However, there are restrictions as to how close yard signs can be to one another. In Grand Rapids, political yard signs must be 20 feet apart. So your neighbor with signs for his favorite senator/congressman/state rep/city counsel person/drain commissioner/school board member/ballot proposal/hall monitor is probably breaking the law, unless they have a really big yard.
How big can political yard signs be in Michigan?
No larger than 24 square feet (4′ x 6′).
When can I put my political yard signs up?
Oddly, neither the State of Michigan nor the City of Grand Rapids regulates when political yard signs can be placed in your yard.
When must political yard signs come down?
In Grand Rapids, Political yard signs must be taken down 5 days after the election. Yard signs near state highways must come down 10 days after the election.
Can the government take my signs down?
If your signs are too big, up too long, or offensive, the Michigan Department of Transportation can remove the signs. They will store the signs for 7 days, during which time you can pick them up. If a sign isn’t picked up within 7 days, the MDOT destroys the sign. Additionally, no signs are allowed in areas where they obstruct vision at an intersection or on a commercial driveway.
What is the punishment for violating the political yard sign rules?
In Grand Rapids, violating the political yard sign rules will result in a civil infraction ticket (like a traffic ticket) that comes with a small fine, somewhere between $50-$250. However, after 3 civil infractions for the same thing, your 4th civil infraction is a misdemeanor and can result in a $500 fine and up to 90 days in jail.
Whose sign should I put up?
I’ll let you answer that one yourself.
If you have questions about this article, or there are other legal issues you need help with, contact Grand Rapids Attorney Todd Neckers at (616) 422-5082 or contact@neckerslaw.com.
The information on this blog is for informational purposes only. The posts are not intended to be legal advice. No attorney-client relationship is formed nor should any such relationship be implied.
How Does the Estate Tax Work?
If I receive an inheritance, do I have to pay taxes on it? What if it is property, not money? What if it is a LOT of money?
One question at at time:
Do you have to pay tax on inheritance in Michigan?
No, you do not have to pay tax on inheritance in Michigan. There’s a reason it is called the estate tax and not the inheritance tax. The tax is paid by the estate of the person who passed away, not by the party inheriting the money.
So how does the estate tax work?
The estate of any person who passes away with assets (property, money, etc.) over the estate tax threshold is subject to the estate tax. That means the government levies a tax against the deceased person’s estate. So before the estate can pay out to the chosen beneficiaries, the government takes their cut first.
How much is the estate tax?
Currently the rate is set at 35%.
What is the current estate tax amount?
For 2012, an estate does not become subject to this tax unless it is over $5.12 million. However, unless the federal government comes to a new agreement, that amount will drop to $1 million, and the tax will go up to 55%, in 2013.
What effect will the election have on the estate tax?
There are a lot of possibilities. If the Congress and the presidency are split amongst the parties, there is a chance that nothing happens and the $1 million/55% scenario takes effect. If democrats are in control, you will likely see a raise in the percentage of the tax (from 35% to something approaching 55%), but also an increase from $1 million. If republicans take control, there is a chance that the estate tax is eliminated entirely, but more realistically, you will see the amount increase to something about $5.12 million, with the amount of the tax likely remaining in the 35% range.
If you have questions about this article, or there are other legal issues you need help with, contact Grand Rapids Estate Planning Attorney Todd Neckers at (616) 422-5082 or contact@neckerslaw.com.
The information on this blog is for informational purposes only. The posts are not intended to be legal advice. No attorney-client relationship is formed nor should any such relationship be implied.
