Ted H.S. Hong Attorney at Law, LLLC Ted H.S. Hong Attorney at Law, LLLC 2026-05-25T16:14:22Z https://www.tedhonglaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1101267/2021/04/cropped-site-icon-32x32.jpg On Behalf of Ted H.S. Hong Attorney at Law, LLLC <![CDATA[Can employers refuse to pay workers a bonus after they quit?]]> https://www.tedhonglaw.com/?p=47448 2026-05-25T16:14:22Z 2026-05-25T16:14:22Z Many bonuses are considered wages Employers have a legal obligation under the Fair Labor Standards Act (FLSA), a powerful nationwide law, to pay workers fairly based on both statutory requirements and employment contracts. Some bonuses are legally mandatory under the FLSA. When a worker's contract includes provisions for bonuses based on their job performance, the company's performance or how long they keep their job, if a bonus is part of an employer's contract with a worker or if they provided workers with written information about bonus opportunities to incentivize better job performance, the bonus promised is part of the workers' wages. It is a non-discretionary bonus that the company has a legal obligation to provide. Discretionary bonuses are different. If an employer occasionally offers a bonus around the winter holidays, for example, that bonus may be discretionary if it is not part of the worker’s employment contract. Companies can deny workers discretionary bonuses during or after their employment, but they have an obligation to keep their promises regarding discretionary bonuses. In cases where employers do not fulfill their financial promises, workers may have grounds to file wage and hour lawsuits. Permitting a skilled legal team to review employment contracts and communication with a potentially negligent company can help frustrated workers pursue the bonuses they’ve already earned.]]> On Behalf of Ted H.S. Hong Attorney at Law, LLLC <![CDATA[If a loved one left multiple wills, which is valid?]]> https://www.tedhonglaw.com/?p=47445 2026-05-11T02:35:04Z 2026-05-11T02:35:04Z When a loved one who never wanted to talk about their eventual death – let alone any kind of estate planning – passes away, family members don’t often expect to find a will. Sometimes there is none. That’s when intestacy laws take over. Other times, they find multiple wills in various stages of completion or revision. Sometimes they’re handwritten. They might be printed, but with handwritten notations and crossed-out lines. They may or may not be dated. It can be a mess for surviving loved ones – especially if the various versions contradict one another. So if you’re in that position, where do you start? First, it’s important to make sure you locate and preserve all the wills (and any related documents). This could require accessing a safe deposit box or home safe, looking for evidence that they consulted an estate planning professional or talking with their friends or caregivers.

The probate court must decide  

Don’t throw out a document just because it looks like it was later updated or doesn’t seem to reflect your loved one’s wishes. All wills and other estate plan documents must be submitted to the local probate court for review. A judge will review them and determine which (if any) the deceased intended to be their “last will and testament” and if it meets the criteria to be legally valid. Generally, the one with the most recent date is used as long as it’s valid and it doesn’t appear that the deceased intended a later document to replace it. When the court determines which will is valid and will be used to administer the estate, you and other relatives may have grounds to challenge it.

When can you challenge it?

Following are some reasons you may be able to challenge the validity of the will in court:
  • You believe your loved one lacked “testamentary capacity” because of cognitive decline or other medical issues.
  • You believe someone is guilty of “undue influence” on your loved one to include them as a beneficiary and/or administrator (like an executor or trustee).
  • You believe someone else wrote or amended the document without the deceased’s knowledge or full understanding.
Challenging a will is never pleasant. It often pits family members against each other or against previously trusted caregivers. That’s why it’s crucial to get experienced legal guidance as early as possible to help protect your loved one’s wishes and your own rights and interests.  ]]> On Behalf of Ted H.S. Hong Attorney at Law, LLLC <![CDATA[Could microaggressions amount to discrimination?]]> https://www.tedhonglaw.com/?p=47443 2026-04-27T02:12:49Z 2026-04-27T02:12:49Z Microaggressions can take various forms Here are some of the kinds of microaggressions you might encounter in your workplace:
  • The strange compliment: “Wow. Your written English is excellent.” Excellent for what, you might be thinking? Excellent for the average employee here or excellent for someone who looks like they might not have been born in this country?
  • The preemptive “defensive” action: You’ve noticed a particular colleague clearly does not trust people with your skin color. They’ve never said anything directly, but you’ve noticed how they moved their bag to the other shoulder when you got on the elevator with them.
  • The assumption that you’ll be better or worse at a particular thing: Your boss asked you to take charge of decorating the office for the last party. They said they thought you’d be good at it. As you have never exhibited a trace of artistic ability in your workplace before, you can only deduce that what they really mean is “You are a gay man, so you must be good at decorating things.”
Not all harm requires one big action. Often, the damage to a person’s morale and feeling of safety at work is chipped away little by little. You don’t have to put up with discrimination at work, so it’s important to understand your options, whether it’s a notable act or a series of microaggressions.]]> On Behalf of Ted H.S. Hong Attorney at Law, LLLC <![CDATA[2 things that can make your estate plan outdated]]> https://www.tedhonglaw.com/?p=47440 2026-04-08T23:31:31Z 2026-04-08T23:31:31Z The death of someone named in your estate plan When creating your plan, you’ll name people as beneficiaries, executor, trustee (if you create a trust) and power of attorney, among other things. What if they die before you? If you name at least one backup or contingency person option, you don’t need to update your plan soon after they pass away. If you haven’t done that before you pass away, however, complications can arise when you do.

Changes in a chosen designated beneficiary

Certain accounts allow you to designate a beneficiary directly with the financial institution or other company that holds the account. Many people put their current partner or spouse, and then life takes over and they forget they even have the account. Since these beneficiary designations override anything mention you make of these account beneficiaries in your will, it is crucial to amend the account designation with the institution that holds the account if you want to choose to change the beneficiaries for any reason. Having experienced estate planning guidance when significant life changes occur can help you keep your plan current and valid.]]> On Behalf of Ted H.S. Hong Attorney at Law, LLLC <![CDATA[Do this before filing a workplace discrimination lawsuit]]> https://www.tedhonglaw.com/?p=47438 2026-03-25T18:29:55Z 2026-03-25T18:29:55Z As a victim of workplace discrimination, the law is on your side. You have the right to take action against your employer if you’ve been discriminated against based on your race, sex, gender, disability or other protected characteristics. That said, there’s a process to follow when asserting your rights in Hawaii. You cannot file a lawsuit immediately after experiencing workplace discrimination. There are some things you need to do first, and knowing them can protect your rights and strengthen your position.

Gather solid evidence

Before taking any formal legal action against your employer, document everything related to the discrimination. You don’t want to rely solely on word of mouth to prove your claims. Keep emails, text messages and any evidence that supports your case. Note down the exact details of what happened, including the dates, times, location and any witnesses present. The more detailed and organized your evidence, the better.

Understand what the law says

For most workplace discrimination claims in Hawaii, you need to file a complaint with the Hawaii Civil Rights Commission (HCRC) before you can file a lawsuit. This step is not optional. The HCRC is responsible for reviewing your complaint, investigating the facts and determining whether there is a basis for your claim. If you skip this, it can result in your case being dismissed, regardless of the strength of your claim. Additionally, you must file your complaint within 180 days. Missing this deadline could mean losing your right to pursue your claim. Remember to stay responsive and cooperate with the ensuing investigations. It helps move your case forward and may even lead to a resolution without going to court.  Once the HCRC completes its investigations or is unable to resolve the issue, you will receive a Right to Sue letter. This legal document gives you the authority to file a lawsuit. Without it, your case cannot proceed in court.

Assert your legal rights with confidence

Standing up against workplace discrimination requires a strategic approach. Don’t jump the gun by rushing to court or acting impulsively. Seek early professional legal guidance to help you take informed action, avoid costly mistakes and protect your interests throughout the entire process.]]> On Behalf of Ted H.S. Hong Attorney at Law, LLLC <![CDATA[Can family have you removed if you’re the executor of an estate?]]> https://www.tedhonglaw.com/?p=47436 2026-03-04T21:18:30Z 2026-03-04T21:18:30Z If a deceased loved one chose you to be the executor (personal representative) of their estate, they tasked you with critical responsibilities. Those include seeing that their assets are distributed to beneficiaries as they detailed in their will and perhaps other documents. Even if all beneficiaries are mutual relatives of you and the deceased, you can’t assume they won’t make your job harder. Significant (or even sentimental) assets combined with complicated family dynamics can have even close relatives complaining that you aren’t doing your job properly or treating them fairly.  You may even be hearing talk of petitioning the court for your removal. While that’s certainly not pleasant to hear, it’s important to know that Hawaii law requires “cause” for removal of a personal representative.

What kinds of things provide cause for removal?

Under the law, “Cause for removal exists when removal would be in the best interests of the estate.” Specifically, that involves being able to show that the personal representative did something as serious as the following:
  • They “intentionally misrepresented material facts in the proceedings leading to the appointment.”
  • They have “mismanaged the estate or failed to perform any duty pertaining to the office.
  • They have “become incapable of discharging the duties of the office.”
  • They disregarded a court order. 
If you do receive a notice of removal proceedings, it’s crucial to know what you can and cannot do while the matter is being decided. The law states that after such notice, “the personal representative shall not act except to account, to correct maladministration, or to preserve the estate.”

You may be financially and legally responsible for losses

It’s important to know that if a personal representative is removed by the court, they may still be held liable “for transactions or omissions occurring before termination.” That means even if an executor makes a mistake that causes losses to the estate, they may be required to reimburse the estate. They can even potentially face criminal charges. Administering even a relatively small and uncomplicated estate can be a big job. One with significant and complex assets may require some guidance from financial, tax, real estate and legal professionals. Getting sound estate administration guidance early in the process can help avoid these issues and ensure that the estate is administered according to the law.]]> On Behalf of Ted H.S. Hong Attorney at Law, LLLC <![CDATA[Wage theft outpaces all other theft in America]]> https://www.tedhonglaw.com/?p=47433 2026-02-19T16:28:14Z 2026-02-19T16:28:14Z If you ask people what type of theft is the most expensive in the United States, they may point to something like robberies. They may mention bank robberies, retail store theft like shoplifting, or even home robberies. While it is true that these types of theft occur, studies have found that the most common type is actually wage theft. One report claimed that it caused $482 million in losses, outpacing all other types of theft in America. Notably, the report said that this was 100 times more than was lost in robberies on an annual basis.

Forms of wage theft

Part of the issue is that wage theft can take many forms. In some cases, it could involve overtime pay. If an employee is owed time and a half and is simply paid their standard rate, even though they are still getting paid, that is a form of wage theft. Another example is when an employer keeps tips that were earned by employees. The employer may think that they have a right to do so as the owner of the business, but they are actually stealing wages from their own workers. You can also find instances of wage theft for those who earn commissions or bonuses. If they are not paid on time in these areas that go outside of their hourly wage or their standard salary, it could be wage theft. This is also true if they are simply paid less than they were promised for that commission or bonus.

What are your options?

Do you believe that you have experienced wage theft, the most common type of theft in the United States? If so, it is important to know what legal options you have, and it can help to work with an experienced attorney.]]> On Behalf of Ted H.S. Hong Attorney at Law, LLLC <![CDATA[How are assets divided if a Hawaii resident dies without a will?]]> https://www.tedhonglaw.com/?p=47431 2026-02-09T09:27:18Z 2026-02-09T09:27:18Z Creating an estate plan – at least a will – is crucial to ensuring that you have a say in how your assets will be distributed after you’re gone. It also makes things easier on your loved ones because they may have to deal with a lengthy probate process if there’s no will. When someone dies without a will (“intestate”), state law determines how the deceased’s assets are distributed among their family members. These laws vary by state, but they are intended to favor those who are legally or biologically the most closely related to the person who died, regardless of how close they may have actually been.

The order of intestate succession in Hawaii

This depends on who the surviving family members are. If someone leaves behind a spouse, but no descendants (children or grandchildren) with that spouse and no parents, the surviving spouse gets the full inheritance.  The same is true if the spouse and the deceased have children together. The exception is if the surviving spouse had one or more children with someone else. Then the deceased’s children get a portion of the estate. If someone leaves behind a spouse and descendants from another relationship or marriage, though, the descendants get part of the estate. However, the spouse still gets the bulk of it.  If there is a surviving spouse and parents, the parents share in the estate. However, the spouse gets the majority of it. If an unmarried person dies with children but no spouse, the children divide everything. If they die with parents but no children, the parents get everything. If they have none of these surviving family members, the inheritance can go further down the line to other living relatives.

Some alternative ways to leave assets to others

It’s important to note that if property, whether a home or a bank account, is jointly owned, the surviving owner typically inherits it even with no will. Bank accounts can also have payable-on-death and other designations so that the account goes to the designated beneficiary. People can also list beneficiaries directly on certain types of accounts, like retirement accounts and life insurance policies, and those are recognized. All of these designations need to be made with the appropriate institution or other company. Creating a will and other estate plan documents with the guidance of an experienced estate planning professional can help Hawaii residents direct their legacy and save their loved ones unnecessary stress and conflict.]]> On Behalf of Ted H.S. Hong Attorney at Law, LLLC <![CDATA[Dynamic disabilities and reasonable accommodations: What to know]]> https://www.tedhonglaw.com/?p=47429 2026-01-28T04:18:27Z 2026-01-28T04:18:27Z All kinds of physical as well as mental disabilities require some kind of accommodation for those living with them to be able to do their jobs. Many of these disabilities don’t present the same way from day to day – or sometimes even throughout the day. A commonly used term for them is “dynamic disabilities.”  For example, multiple sclerosis (MS), arthritis and lupus are considered dynamic disabilities, as are other neurological, autoimmune and autoinflammatory conditions. Mental health conditions like depression and anxiety are typically dynamic as well. People who have them often have “good” days and “bad” days – even when taking their prescribed medications and getting the treatment they need. An employee with a dynamic disability (like MS, for example) may find it more challenging to get the reasonable accommodations their employer has a duty under the law to provide, unless it causes an “undue hardship” for the business. An employer may not understand, for instance, why someone can walk seemingly just fine some days but needs a cane or cannot use the stairs on other days because of pain and mobility limitations.

What information can employers require?

They don’t have to understand. If they question an employee’s disability or need for reasonable accommodations, all an employee needs to provide is a letter or other documentation from their doctor explaining what accommodations their patient needs to do their job with their disability. They don’t need to provide private medical or health information. Certainly, it’s best when an employer and employee can work together to find the accommodation(s) that will allow the employee to do their job effectively with as little cost and intrusion as possible. No one should have to leave their job or suffer while they do it because an employer is unwilling to provide reasonable accommodations. That’s a form of employment discrimination. Getting experienced legal guidance can help employees protect their rights. ]]> On Behalf of Ted H.S. Hong Attorney at Law, LLLC <![CDATA[Notifying creditors about upcoming probate proceedings]]> https://www.tedhonglaw.com/?p=47426 2026-01-18T23:36:21Z 2026-01-18T23:36:21Z What notice is required? There are two forms of creditor notice usually provided during estate administration. Personal representatives generally begin receiving the incoming mail of the deceased party. They also have access to financial records. They may be able to identify most, if not all, the creditors owed money by the estate. They can send direct written notice to those creditors advising them of their appointment and the upcoming probate proceedings. There may be creditors who are more difficult to identify. State statutes require that personal representatives publish notice in a local newspaper. They should arrange for notice to run once a week for two consecutive weeks in a local paper in the jurisdiction where the probate courts will hear the case. When personal representatives follow the right procedures, they can protect themselves from liability during estate administration. Notifying creditors about probate proceedings and ensuring they receive payment can protect personal representatives from liability for unpaid debts.]]>