You and Your Facebook Page Partner-Up for that Big Job Interview.

On one side of the coin:  So, you’re at a job interview.  In this economy, it’s the first interview you have had in months and it’s for a job you really want.  Or, it’s just a job to pay the bills.  Either way, you want this job.  You are on your game, giving quick yet thoughtful responses to the questions being asked of you.  Your potential boss smiles and tells you that “I like what I hear. You would do well in this position.”  Then, he pulls out a form and asks you to read and complete it and sign at the bottom.  No problem, so you think.  As you read it, a cold sweat starts to develop.  You are asked to provide your account information including passwords for your Facebook, Linkedin and other social media accounts.  We don’t need to have a discussion about what you wrote, blogged or posted in social media.  Let’s just assume that it will not be helpful.  But, they can ask for that information and you can decline to do so.  Whether you provide it or not, you know what’s going to happen.

On the other side of the coin: You have been running a business for several years, most of which have been successful.  The last few years have not.  You have made a conscious decision to put a lot of your savings into your business to get by this economy.  You need to add an employee or two.  This means a substantial investment of money, time and training.  You know there are a lot of good candidates out there but you have picked wrong in the past.  A bad selection now could be devastating.  You need an edge, how can you learn more about a job candidate?  Prior employers are reluctant to say anything remotely negative for fear of liability (you are the same).  But, the internet is a permanent record and most, if not all of your candidates have jumped into the all-swim that is social media.  Just check their Facebook page, among others.  In fact, request their passwords.  Then, you can get a really good idea of the stranger in whom you are about invest a substantial amount of money.

Well, on May 22, 2012, the Illinois General Assembly flipped the coin in passing HB3782.  The synopsis of HB3782 on the Illinois General Assembly website states “that it shall be unlawful for any employer to ask any prospective employee to provide any username, password, or other related account information in order to gain access to a social networking website where that prospective employee maintains an account or profile.”

The bill has been passed onto Governor Quinn for his signature or veto.  We are waiting to see if the Governor will call the coin flip for the employer or the employee.  I will keep you posted.

The Odd Questions I am Asked.

An odd question I'm often asked is "can my wife testify against me?"  Well, the question isn't so odd as the context in which it comes up is.  You can only imagine the conversation which leads to that question.  Well, I here to say that the answer is still NO!  

Just a few days ago, the Illinois Appellate Court in the case of People v Trzeciak reaffirmed the Marital Privilege.  In that case, the jury found a man guilty of murder.  The judge allowed testimony from the defendant's wife that he admitted his guilt to her.  The three judge Appellate Court ruled (2 to 1), that Illinois law prohibits testimony as to communications and admissions made in a private conversation between a husband and wife during the marriage, regardless of whether the marriage was harmonious.  Yes, even if your wife hates you, her testimony is barred.  The Appellate Court reversed the conviction and sent that matter back for a new trial.  Now, since this defendant won his appeal by the slimmest of margins, if I were his attorney, I would advise that he send his wife a few dozen long stems roses, with a nice card.

By the way, anytime I am asked this odd question, I am usually asked “You can’t talk to my wife about what we just talked about, right?”  

If you have any questions, odd or otherwise, do not hesitate to contact me.

New Law Helps Homeowners Transfer Their Home upon Death

Illinois has a new law which permits homeowners to transfer real estate upon their death through a recorded instrument and without the need of a will or going through probate proceedings. The “Illinois Residential Real Property Transfer on Death Instrument Act” became effective on January 1, 2012.

Before this new law, if you wanted to transfer your home upon death and without going through probate court, you had to set up a living trust, put title to the home into a land trust, or other through other costly and time consuming steps.  The new law will help homeowners who do not have estates large enough to justify the cost of an involved estate plan.

If you would like more information about the new Illinois and how it may benefit you, please do not hesitate to contact me.