Legal FAQ Hub

In most U.S. states, employment is "at-will" — meaning either party can end the relationship for any reason (or no reason) that isn't illegal. But you cannot be fired for illegal reasons: race, sex, religion, national origin, disability, age (40+), pregnancy, exercising FMLA leave, or whistleblowing.

Under the Fair Labor Standards Act (FLSA), non-exempt employees must be paid 1.5x their regular rate for hours over 40 per week. "Exempt" employees (executive, administrative, professional) who earn at least $684/week are not covered. Misclassifying workers as exempt is a common violation. Check your state — many have more protective rules.

Illegal workplace harassment creates a hostile work environment based on a protected characteristic (race, sex, religion, etc.) — it must be severe or pervasive enough that a reasonable person would find it hostile. "Quid pro quo" harassment (submit to sexual advances or face job consequences) is always illegal. Isolated rude comments may not rise to the legal standard.

Generally yes — your employer owns the email system and can monitor it. If they provide you with a computer or phone, assume your communications are not private. Personal email accessed on your own device on your own time is generally protected, but consult your state's laws on employee monitoring.

The Family and Medical Leave Act provides up to 12 weeks of unpaid, job-protected leave per year for: serious health conditions, caring for a family member with a serious condition, birth/adoption of a child, and qualifying military situations. You must have worked for a covered employer (50+ employees) for at least 12 months and 1,250 hours in the past year.

You can refuse — but your employer can make it a condition of employment or continued employment. Non-competes are unenforceable in California, North Dakota, Minnesota, and Oklahoma. In other states, courts assess reasonableness. In 2024, the FTC attempted to ban most non-competes; that rule was blocked but litigation continues. See our Non-Compete Guide.

No. You have the right to remain silent. You must provide your name in many states (stop-and-identify laws) and your ID if driving. But you don't have to answer questions about where you've been, what you were doing, or anything else. Say clearly: "I am invoking my right to remain silent."

Misdemeanors are less serious crimes typically punishable by up to one year in jail (not prison). Felonies are more serious crimes punishable by more than one year, usually in state or federal prison. Felony convictions also carry collateral consequences: loss of voting rights, firearm rights, professional licenses, and immigration consequences.

Police can search your car without a warrant if: they have probable cause to believe evidence of a crime is inside, you consent, you're lawfully arrested, or there are exigent circumstances. Always clearly state "I do not consent to a search" — this doesn't prevent the search but preserves your legal challenge later.

Expungement seals or destroys your criminal record, making it invisible to most background checks. Eligibility varies by state: most require completion of sentence and a waiting period, and exclude certain serious offenses. Use our Expungement Eligibility Checker for a state-specific assessment.

Never accept a plea deal without consulting an attorney. Pleas resolve ~97% of criminal cases. Considerations include: the strength of the evidence, the sentence differential vs. trial, immigration consequences, effect on professional licenses, and whether the conviction is expungeable. What seems like a minor plea can have major lifelong consequences.

You have the constitutional right to a court-appointed public defender in any case where incarceration is a possible outcome (Gideon v. Wainwright). Request one immediately. While public defenders are often overworked, they know the local courts and prosecutors. You can also seek legal aid organizations or law school clinics.

Courts use the "best interests of the child" standard, considering: each parent's ability to provide stability, the child's relationship with each parent, each parent's work schedule, the child's school and community ties, any history of abuse, and sometimes the child's preferences (especially for older children). See our Child Custody Guide.

Each state has a formula based on both parents' incomes and the custody arrangement. Factors include: gross income of both parents, number of children, health insurance costs, childcare costs, and existing support obligations. Courts can deviate from the formula for special circumstances. Use our Child Support Calculator for estimates.

Legal custody gives a parent the right to make major decisions about the child's life (education, healthcare, religion). Physical custody refers to where the child lives. Both can be joint (shared) or sole (one parent). Joint legal custody is common; joint physical custody varies by case.

Yes. Domestic violence restraining orders (also called protective orders) can be obtained quickly — often the same day in emergencies (temporary ex parte orders). You don't need to be married. Courts grant them for physical abuse, threats, stalking, and harassment. The process is civil, not criminal. See our Restraining Orders Guide.

Uncontested divorces where spouses agree on all issues can be finalized in 1-6 months depending on state mandatory waiting periods. Contested divorces involving disputes over assets, custody, or support can take 1-3 years or more. Mediation can significantly shorten the process.

Not necessarily. Community property states (California, Texas, Arizona, etc.) presume equal division. Equitable distribution states (most others) divide marital property fairly — which may not be equal. Factors include: length of marriage, each spouse's contributions, economic circumstances, and fault (in some states).

Yes — green card holders (lawful permanent residents) can be deported for certain criminal convictions, immigration fraud, failure to maintain status, or other grounds. Aggravated felonies and crimes involving moral turpitude are particularly serious. If you have criminal charges, consult an immigration attorney immediately — even minor convictions can have deportation consequences.

Refugees are processed for protection outside the U.S. through the U.S. Refugee Admissions Program. Asylum seekers are already in the U.S. or at the border and apply for protection here. Both require showing persecution or well-founded fear of persecution based on race, religion, nationality, political opinion, or particular social group.

Yes. The Constitution protects everyone in the U.S. regardless of immigration status: you have the right to remain silent, the right to an attorney (in immigration court), due process rights, protection from unreasonable search and seizure, and the right to public education for your children (Plyler v. Doe).

Immigration courts are civil, not criminal. An immigration judge decides whether you should be removed or can stay. You have the right to present evidence, call witnesses, and cross-examine the government's witnesses. You have no right to a government-appointed attorney (unlike criminal court), so private or nonprofit representation is critical.

Not without consent. ICE can enter only with a valid judicial warrant signed by a judge (not an administrative warrant signed by an ICE officer). Open the door only enough to see the warrant; don't let them in until you've reviewed a judicial warrant. See our Emergency Rights Guide for details.

Deferred Action for Childhood Arrivals (DACA) provides temporary protection from deportation and work authorization for people brought to the U.S. as children. DACA has faced ongoing legal challenges; as of early 2026, renewals are open but new applications remain subject to court orders. Consult an immigration attorney for the current status.

Generally no — debtor's prisons are unconstitutional in the U.S. However, if you ignore a court order related to debt (like failing to appear at a deposition or pay a court-ordered judgment), you can be held in contempt of court, which can result in arrest. The debt itself doesn't create criminal liability.

The time period after which a creditor can no longer sue to collect. It varies by state (3-10 years) and debt type. After the limitations period expires, the debt is "time-barred" — you can still be asked to pay but you have a complete legal defense to a lawsuit. Making a payment or acknowledging the debt can restart the clock in some states.

Under the Fair Debt Collection Practices Act (FDCPA), collectors can contact you by phone, mail, or in person. They cannot: call before 8am or after 9pm, call your workplace if you tell them not to, use abusive language, make false statements, or threaten legal action they don't intend to take. Send a written cease-contact letter to stop calls. See our Debt Collection Rights Guide.

Submit a dispute directly to the credit bureau (Experian, Equifax, TransUnion) and to the furnisher (the creditor). Use certified mail with documentation. The bureau must investigate within 30 days and remove inaccurate information. If they don't correct verified errors, you can sue under the Fair Credit Reporting Act (FCRA) and may recover damages plus attorney's fees.

Chapter 7 bankruptcy eliminates most unsecured debt quickly (4-6 months). Chapter 13 lets you keep assets while restructuring debt over 3-5 years. Bankruptcy stays on your credit report 7-10 years. Consider it if debt is unmanageable despite income, you're being sued by multiple creditors, or wage garnishment is occurring. Consult a bankruptcy attorney — many offer free consultations.

Yes, after winning a court judgment. Federal law limits garnishment to 25% of disposable earnings or the amount exceeding 30 times the federal minimum wage (whichever is less). Social Security, disability, and some other benefits are exempt. Many states have stricter limits. Head-of-household exemptions apply in many states.

Federal law doesn't guarantee a right to return most products. "Door-to-door" sales give you 3 days to cancel (FTC Cooling-Off Rule). Your rights depend on the store's return policy, the product warranty, and state lemon laws (vehicles). Credit card chargebacks provide a practical remedy when retailers won't cooperate.

A class action consolidates many similar individual claims against the same defendant. You typically receive notice if you're part of a class and can opt out to preserve your right to sue individually (for larger individual damages). If you've been harmed by a product or company, search PACER or class action settlement databases to see if relevant litigation exists.

Report to: FTC at ReportFraud.ftc.gov, FBI Internet Crime Complaint Center (IC3.gov), your state attorney general, and the Internet Crime Complaint Center. Contact your bank or credit card company to dispute charges. Document everything — screenshots, emails, transaction records. See our Consumer Protection Guide.

Federal law (one-party consent) allows you to record phone calls you're a party to without telling the other party. However, 11 states require all-party consent: California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, New Hampshire, Oregon, Pennsylvania, and Washington. Violating these laws can be a crime.

The FTC's "Click to Cancel" rule (2024) requires companies to make cancellation as easy as signing up. If you signed up online, you must be able to cancel online. Companies cannot require you to call if you signed up by clicking. You can also dispute recurring charges with your bank as unauthorized if you've clearly cancelled.

State lemon laws vary but generally: if a new vehicle has a substantial defect that persists after a reasonable number of repair attempts (usually 3-4) or is in the shop for a set number of days (often 30), you may be entitled to a refund or replacement. The federal Magnuson-Moss Warranty Act provides additional remedies for federal warranty violations.

A change in the work environment or how a job is done that allows a qualified person with a disability to perform the job. Examples: modified schedules, remote work, assistive technology, reassignment of marginal duties. The employer doesn't have to provide the specific accommodation you request — just an effective one that doesn't cause "undue hardship."

Before a job offer: employers cannot ask disability-related questions or require medical exams. After a job offer: medical exams allowed if required for everyone in the same job. After employment begins: employers can only ask if they need information related to a specific accommodation request or job-related necessity. They cannot inquire broadly about your medical condition.

Yes — businesses and public accommodations must provide accessible parking spaces in proportion to total spaces. These must be closest to accessible entrances. Individual states may issue disabled parking placards — using someone else's placard is illegal. New construction must meet ADA Standards for Accessible Design.

IDEA (Individuals with Disabilities Education Act) guarantees eligible students a free appropriate public education (FAPE) in the least restrictive environment, including an Individualized Education Program (IEP). Section 504 of the Rehabilitation Act covers students not eligible for IDEA but who need accommodations. The ADA applies to colleges and universities.

Apply online at ssa.gov, by phone (1-800-772-1213), or in person at your local SSA office. You'll need: your Social Security number, birth certificate, medical records, employment history, and information about your conditions. Most initial applications are denied — you have the right to appeal through multiple levels including an ALJ hearing. See our SSDI Guide.

No. Under the ADA, service animals (dogs trained to perform specific tasks for a person with a disability) must be allowed anywhere the public is allowed. Staff may only ask two questions: (1) Is this a service animal required because of a disability? (2) What work or task has the dog been trained to perform? They cannot ask for documentation or require the animal to demonstrate its tasks.