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Lessons From the Air Force’s Mortuary Scandal
By Mathew B. Tully Bringing to light wrongdoing in the federal government can be a thorny matter. The law is very specific about how and to whom federal employees must “blow the whistle” in order to be considered a bona …
Ask the Lawyer: Even Legal Separation Can Lead to Adultery Conviction
By Mathew B. Tully Question: Can I be punished for adultery if I am legally separated? Could I be charged with anything else? Answer: Yes, you can be convicted of adultery even though you were legally separated at the time. …
Ask the Lawyer: Disobey an Order at Your Own Peril
By Mathew B. Tully Question: My commander is a little nuts. He keeps ordering me to do this or that. Sometimes I’m not even sure the things he’s ordering me to do are lawful. What should I do? Answer: One trait common …
Desertion Conviction Could Lead to Five-Year Prison Term
By Mathew B. Tully Question: I’ve never told anyone I plan to desert the military. So if I don’t report for duty for awhile, would the military come after me for AWOL or desertion? Answer: The main difference between being …
Healthy, Wealthy & Wise
Ask the Pros What is the No. 1 legal document that everyone should have prepared for 2012? Everyone needs a will in 2012. A new state law in 2011 made it easier for individuals to challenge the validity of a …
Housing Market Stability a 2012 Wish
By Graig F. Zappia Homeowners had it rough in 2011. The nation’s unemployment rate stubbornly hovered around 9 percent for most of the year and the debt crises in Washington and Europe agitated Wall Street more than any Occupy protesters. …
Ask the Lawyer: Entrepreneur Considers Expanding in 2012
Question: The small manufacturing company my best friend and I launched a year ago is finally taking off. My partner is a little more ambitious about growing the business than I am. Do you have any recommendations for entrepreneurs preparing …
Ask the Lawyer: Lying to Get Out of Trouble Gets You Into More Trouble
Q: How bad is it if I stretch the truth a little when questioned by military police or a commander? A: For many people, it is unnerving to be questioned by a law enforcement officer. Even an officer’s simple or …
Agencies Drag Feet in Providing Reasonable Accommodations for Fed Employees
Federal agencies are notorious for dragging their feet. Unfortunately, many disabled federal employees are all too familiar with agencies’ reluctance, especially when it comes to providing them with reasonable accommodations that would help them do their jobs. One physically disabled, …
Fed Employee Survey Could Show Tip of the Iceberg for Favoritism
An annual Office of Personnel Management (OPM) survey is indicating many federal employees hold negative views about the legitimacy of performance-based raises and merit-based promotions. These findings could be showing the tip of the iceberg when it comes to the …
Clock Ticks for Cash-Strapped Feds With Security Clearances
By Mathew B. Tully It’s hard to believe that it was four years ago this December that the nation entered what was to become the longest recession since the Great Depression. Although the National Bureau of Economic Research says that …
Locker Room Behavior – Pants Dropping, Sex Banter – Merits Demotion
The bar for excellence keeps getting higher for federal government supervisors. Perhaps that’s why, in 2011, 57 percent of federal employees surveyed by the Office of Personnel Management found that their organizations’ leaders maintained high levels of honesty and integrity, up …
Move Quickly to Ensure Vets’ Preference Honored for Fed Jobs
Q: I’m interested in entering federal civil service after I leave the military. I know veterans get federal hiring preference, but I know many veterans get passed over for jobs. How do I know when a federal agency has violated …
The Heavy Truth About Weight Discrimination
“Do I look fat in this?” How many times have we uttered or heard those words, not giving a second thought to the negative connotation that goes with them. These are the kinds of comments that influence children as young …
Federal Commissioned Officers Score Protections Against Discrimination
Federal commissioned officers, who seven years ago saw their protections against discrimination severely curbed, can now go on the offensive thanks to recent decision from the U.S. Merit Systems Protection Board (MSPB). Due to a loophole in federal law, federal …
Don’t Drop the Ball When Requesting FMLA Deployment-Related Leave
Federal employees have long had to juggle work, home and financial responsibilities, along with parting goodbye to loved ones, when family members were called to active duty in the armed forces. Soon, changes to the Family Medical Leave Act (FMLA) …
White House Takes On Diversity in Gov. as Hiring/Appt. Complaints Rise
Diversifying the federal workforce remains a work in progress. This point is evidenced by the Executive Order signed by President Barack Obama on August 18, 2011 (“EO 13583”). This EO is one of many passed by various presidents in recent …
Federal Employees Seeing Increase in Revoked Security Clearances
The Office of the Director of National Intelligence recently reported a 5 percent decline in the number of federal employees who held top secret clearance in the 2010 fiscal year as compared to the previous fiscal year. The cause for …
Air Force Reservist Wins Appeal on one of the Largest USERRA Lawsuits Ever
The 2nd U.S. Circuit Court of Appeals has decided in favor of an Air Force reservist in his case against Wachovia Securities LLC, providing a major victory to service members who leave well-paying commission jobs to serve their country in …
Fed Employees’ Removals Reversed Because of Termination Secrets
Federal agency managers had better start laying all their cards on the table when it comes to the information they use in their decisions to fire employees. As of February 2011, the U.S. Merit Systems Protection Board (MSPB) is no …
Keep Your Cool Co-Parenting This Summer
School will be out soon and the children couldn’t be happier. Summer schedules, however, present many challenges for divorced or separated parents who now have children home 24/7 and need to rearrange custodial access schedules. With fewer stay-at-home parents these …
Memorial Donations Should Be Arranged Before Inclusion in an Obituary
We are very familiar with a decedent’s desire to leave a legacy or to make one last expression of gratitude to an organization he or she supported during life or that supported the decedent during his or her final illness. …
College Tuition Savings Accounts in Bankruptcy
When contemplating filing for bankruptcy protection, people often ask which assets they own are protected from liquidation by a bankruptcy trustee. For some individuals, the question relates to money deposited in a college tuition savings account (“529 accounts”) on behalf …
Should You Adopt Your Stepchild?
With so many second marriages forming these days, the “blended family” has become a common event. The term refers to families that bring together children from prior marriages or relationships, to live in one household together. Over time, the bond …
Will Child Support Increase Due to the Temporary Payroll Tax Holiday?
Child support calculations in New York State will now be affected by the new temporary employee payroll tax cut, which is referred to as the Tax Relief Act of 2010 and became effective January 1, 2011. In addition to including …
Former Army Special Forces SGT Wins Reinstatement With Postal Service
The U.S. Court of Appeals for the Federal Circuit recently held that the U.S. Postal Service incorrectly terminated a member of the National Guard under false assumptions in that he abandoned his position. This huge win for veterans and service …
Veterans Federal Employment Complaints Remain at Escalated Levels
Amid a dearth of job opportunities in the private sector, a shockingly high number of veterans last year continued to run into problems as they attempted to enter or reenter the federal civil service. Recently released statistics show that the …
The D.C. Circuit Gives Agencies the Specifics About Informal Counseling
In a recent decision by the United States Court of Appeals for the D.C. Circuit, the court vacated a previous decision dismissing a class action discrimination case against the Federal Reserve Board for failure to exhaust administrative remedies. At issue …
Breaking Glass
Family. It’s one word, but it means so much. It is central to our daily lives and to the decisions we make. It can create memories or conflict, joy or pain, and it can present opportunity and responsibility. That is …
FINANCE 101: Allocation of College Expenses in a Divorced/Separated Family
Given the current economy and skyrocketing college costs, determining how to pay for children’s college expenses can be difficult enough these days in an intact family. This issue is made all the more difficult when the parents are divorced or …
New Yorkers In Debt Get A Fresh Start
“A new opportunity in life, unhampered by the pressure and discouragement of pre-existing debt.” This is the Supreme Court definition of the fresh start that citizens are entitled to when seeking bankruptcy relief. For several years in New York, however, …
Planning Ahead Can Reduce Uncertainty and Worry
Studies show that uncertainty and procrastination are among the leading causes of stress. Oftentimes they work hand-in-hand to create an even higher level of worry. Unanswered questions about the future cause concern, and failure to take action regarding those questions …
What Right to Workplace Privacy do Federal Employees Have?
By John P. Mahoney The nation’s largest employer, the federal government, is still pretty good at keeping secrets, even after the WikiLeaks scandal. The question is: To what extent does its employees and contractors have a right to workplace privacy? …
D.C. Circuit Clarifies Threshold for Retaliation in EEO Claims
A recent decision by the U.S. Court of Appeals for the D.C. Circuit has clarified and lowered the threshold of what defines “retaliation” in claims of discrimination. The Court of Appeals held that an agency’s actions can be considered retaliatory …
Child Custody and the Holidays
The holidays are stressful for most of us and having children can make them even more so. This is especially true when the parents are split or divorced. Depending on the age(s) of the child or children, the stress can …
The Foreclosure Crisis
Recent admissions by national mortgage lenders regarding insufficiencies in their residential foreclosure procedures have resulted in great scrutiny of foreclosure litigation. With mounting pressure from all government branches, some lenders have voluntarily halted foreclosure actions in order to examine procedures. …
More Exciting New Laws
By now most everyone has heard or read about New York State going “No Fault” by providing grounds to divorce a spouse based on an irretrievable breakdown of the marriage for a period of six months. What is getting less …
Article 81 Guardianship
While much of what is discussed in our newsletters centers around families that are separating, and how to handle the various issues related to that unfortunate circumstance, our department also handles other matters, such as adoptions, Article 17/17-a Guardianships (for …
Child Support Modifications
In the past, clients may have had difficulty in overcoming the obstacle of demonstrating a need or basis for a modification of a child support order without a showing of unanticipated and unreasonable change in circumstances. Pursuant to changes in …
Northrup and Muehl are First-rate District Attorneys
Residents of Delaware and Otsego counties should feel fortunate to be protected by their respective district attorneys — Richard Northrup and John Muehl. I have opposed hundreds of prosecutors at the state and federal levels, and can say without hesitation …
When Is a Claim of Right Really Right?
In the case of Walling v. Przybylo, the New York Court of Appeals took the opportunity to restate and reiterate the common law concerning certain elements of the claim of adverse possession in this jurisdiction. The Third Department had reversed …
Circuit Court Grants Federal Employee Right to File Action Against Agencies for Claims Lost at Agency Level
In a major federal employee upset, the U.S. Court of Appeals for the D.C. Circuit recently changed the way federal employees and agencies may approach partial relief in future discrimination claims. The court held that in Equal Employment Opportunity complaints, …
The True Effect of No Fault Divorce
There is much buzz in the legal community about the status of No Fault divorce in New York State. While various proposals have been tossed about for decades now, New York State has finally embraced a No Fault Divorce bill. …
Estate Planning and Taxation – 2010 and Beyond
We are now entering the ninth month of 2010 – a year in which we have had no estate tax, but a new income tax regime known as carry over basis. We are also facing possible legislation and uncertainty on …
Family Health Care Decisions Act Finally Takes Effect
On March 16th 2010, the Family Health Care Decisions Act was signed into law by Gov. David Paterson and it will change and reform how medical care decisions are made for those that are incapacitated and do not have a …
Importance of Elder Law Attorneys
Many elderly persons rely entirely on their children, family members or other trusted individuals to help them. This dependence upon caregivers or family members can sometimes backfire and make an older person more vulnerable to abuse and financial exploitation. Legal …
Know Your Rights With the Family Healthcare Decisions Act
The Family Health Care Decisions Act allows family members or close friends to make medical care decisions for loved ones who are no longer able to make their own decisions due to lack of capacity. This replaces the old laws …
Top 10 Reasons to Create an Estate Plan Now
Many people think that estate plans are for someone else because nothing is going to happen to them. They may rationalize that they are too young or don’t have enough money to reap the tax benefits of a plan; however, …
What Is a Trust Protector and When May I Need One?
Trust protectors are now gaining popularity in trusts established here in the U.S.A trust protector is someone who is appointed to watch over a trust that will be in effect for a long time and ensure that it is not …
EEOC Finds DoD Liable for Not Reassigning Disabled Employee as an Accommodation
In a recent decision, Bowers v. Robert M. Gates, Secretary, Department of Defense, EEOC Appeal No. 0720070012 (March 22, 2010), the U.S. Equal Employment Opportunity Commission affirmed an Administrative Judge’s (AJ) decision finding the Department of Defense (DoD) liable for …
Clearing Up Sexual Orientation Discrimination Confusion
In response to my last article, “Legal for Agencies to Discriminate Based on Sexual Orientation,” I received numerous comments questioning whether it is “really” legal for agencies to discriminate on the basis of sexual orientation under the current law. The …
Legal for Agencies to Discriminate Based on Sexual Orientation
Despite the Pentagon’s steps toward repealing the military’s controversial “don’t ask, don’t tell” policy regarding gay and lesbian service members, it remains, to the surprise of many, legal for agencies to discriminate against federal employees based on sexual orientation. This …
The Ever Evolving Definition of Sexual Harassment
The U.S. Court of Appeals for the Eleventh Circuit recently issued an en banc decision finding the U.S. District Court of for the Northern District of Alabama erred in granting summary judgment in a sexual harassment case where the harassment …
Federal Security Clearances: Fighting to Get & Keep One
The Federal Government is pretty good at keeping secrets. When it comes to national security, the Feds do their best to ensure that only trustworthy people have access to classified government information and operations. In order for federal employees and …
USERRA Rights: Veterans Entitled To More Than “Thank You”
One of the rights granted by the Uniformed Services Employment and Reemployment Right Act (USERRA) to veterans who leave their civilian jobs to serve in the military is the right to be reemployed upon the conclusion of military service. Unlike …
Federal Circuit Says HHS Denied Veteran Preference Rights
The U.S. Court of Appeals for the Federal Circuit, in Marshall v. HHS, Fed. Cir., No. 2009-3086, ruled that an applicant for a position at the Centers for Disease Control (CDC) who was passed over in violation of his veterans’ …
EEOC Holds that Employees Cannot Be Discriminated Against Due to Perceived Limitations of a Disability
In Reid v. Eric K. Shinseki, Secretary, Department of Veterans Affairs, EEOC Appeal No. 0720070077 (November 13, 2009), the U.S. Equal Employment Opportunity Commission (EEOC) reinforced the notion that federal agencies cannot discriminate against disabled employees based on subjective opinions …
Courts Open Window to Expand Employees’ Rights to Privacy in Electronic Communications
For years, the courts have been chipping away at employees’ privacy rights, particularly with regard to email and other electronic communications sent while the employee was on the clock or via the employer’s computer system. However, the courts are giving …
How to Manage Poor Performers
Managing employee performance is an important part of a supervisor’s role. A poor-performing employee can lower office morale and decrease overall productivity. Recently, two government leaders made recommendations regarding poor-performing federal employees. Both recommendations acknowledge that poor performance is an …
Avoid the Pitfalls of Holiday Office Parties
Throwing an office holiday party can be a welcome time to boost employee morale, but be mindful of the legal pitfalls that can lurk in the holiday cheer. From the punch bowl to the dance floor, liabilities exist for you …
National Security and the Commissary Cashier
In Crumpler v. Department of Defense, DC-0752-09-0033-I-1 (11/2/09), the U.S. Merit Systems Protection Board (MSPB), reopened the case on its own motion to evaluate whether the Supreme Court’s decision in Department of the Navy v. Egan, 484 U.S. 518, 530-31 …
Discrepancies in the Federal Workplace According to EEOC
The U.S. Equal Employment Opportunity Commission (EEOC) has released its Annual Report on the Federal Work Force for Fiscal Year (FY) 2008. The Annual Report reveals that power and pay discrepancies still exist between men and women, whites and minorities, …
Discharge for “Excessive” Military Service Absences Violated USERRA
The Merit Systems Protection Board erred in rejecting an employee’s claim that the Postal Service violated the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) when it terminated him due to his “excessive” use of military leave, ruled …
A Look at Chapter 11 Bankruptcy
When a company like General Motors declares bankruptcy, it can prompt even the most stable business owner to take a closer look at the books. Unfortunately, GM is far from the only business to go bust this year. Business owners …
Law Falls Short on Workplace Sexual Harassment
Admittedly, the evidence is largely anecdotal but the trend is unmistakable. The number of women unhappy about their working conditions is out of proportion to their numbers in the labor force. Their dissatisfaction runs the gamut from mild frustration to …
Economy Hits Home in More Ways Than One
The current economic climate is affecting more than just consumer lifestyles. It has also forced many parents into wondering how they will be able to meet their monthly financial obligations, including child support payments. With more layoffs anticipated, I’ve noticed …
Updating the Employee Handbook
When you’re at the forefront of your company, it can be simple to forget about the basic foundations of your business. For example, when was the last time you read your own company’s employee handbook? Or better yet, do you …
Negotiating a Fair Severance
Many businesses are facing very tough economic times. Laying off employees is one of the options available to business owners and managers to reduce expenses. Many issues arise when you are considering layoffs. Depending on the size of the business …
Legal Pitfalls to Avoid
I see it over and over. Small business owners make decisions that they think are in the best interest of their business. Unfortunately, and especially in times of economic desperation, these decisions can lead to critical legal mistakes for entrepreneurs …
The Billion Dollar Case for Federal Employees
Our article yesterday summarizing a new court decision on back pay for some federal employees who used military leave for military reserve duties (See “Back Pay for Some Military Reservists Going Back to 1980?”) drew a response from a number …
Put Affairs in Order Before You Deploy
So you’ve received the call to deploy. You have many tasks to complete before you leave— including a number of personal legal affairs. While you should have the opportunity to see a JAG officer as part of your pre-deployment readiness …
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Hazing Trial is Attributed to Influence of Politician
The civilian attorney for a second Hawaii Marine charged with hazing leading up to the suicide of Lance Cpl. Harry Lew in Afghanistan said Monday the only reason his client is on trial is because Lew’s aunt Judy Chu is …
FREE Financial Advice: Answers Team Phone Bank Tonight!
Looking for Free Financial Advice!? Members of the CBS6 Answers Team are standing by to help answer your questions on anything related to your money! We have experts in all sorts of areas ready to answer your questions. From financing your …
JPMorgan Chase Charged with Faking Documents in Bankruptcy Cases
A federal class action lawsuit alleging massive and systemic fraud on the part of JPMorgan Chase has the potential to send the entire nation’s bankruptcy system into a tailspin, according to legal experts. The lawsuit, filed in January, claims that the banking …
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Coats for Veterans 2011
Tully Rinckey PLLC partnered with Dickies Clothing to give 50 coats to veterans in the Capital Region for their second annual “Coats for Veterans” event. Tully Rinckey PLLC Managing Partner Greg Rinckey shakes hands with one of 50 veterans who …
Jennifer Corcoran Receives Prestigious Award for Her Charitable Efforts
The Make A Wish Northeast New York Chapter Board of Trustees presented Tully Rinckey’s Jennifer Corcoran with an achievement award for her 12 years of service on the board. Twelve years is the longest tenure a trustee can serve at …
Tully Rinckey PLLC “Gives Back”
Tully Rinckey Chief Finance Officer, Jeremy Noble, presents a donation check to the Make a Wish Foundation.
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How to Handle That Post-Holiday Credit Card Hangover
Follow these tips to ensure you start the New Year off debt free. The magic of the holiday season can quickly wear-off come January, when the bills roll in and many find themselves in over their head. Many call this …
Tully Rinckey Presents Veterans With Winter Coats
It’s hard to believe that as cold as the winter nights and days can be in the Capital Region many veterans still called the streets their home in 2011. Across the nation on any given night the U.S. Department of …
Holiday Gift Giving Could Give Federal Employees the Pink-Slip
The exchange of gifts is a favorite holiday tradition for many. A less popular and less known holiday tradition, however, involves the punishment of federal employees who stray from government rules by giving their boss a Christmas or Hanukkah gift. …
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Traffic Offenses – February 21, 2012
Presenter: Thomas J. Carr, Esq. Date: February 21, 2012 Time: 6:00-8:30 p.m. (half-hour break in the middle) Skills: 1 CLE Credit Hour Areas of Professional Practice: 1 CLE Credit Hour Click here to view Tom’s biography. Join us as Tully …
Legal Ethics: Business of Law and Conflicts of Interest – March 20, 2012
Presenter: Douglas J. Rose, Esq. Date: March 20, 2012 Time: 6:00-8:30 p.m. (half-hour break in the middle) Ethics and Professionalism: 2 CLE Credit Hours Click here to view Doug’s biography. If you have questions on any of our FREE Continuing Legal …
Overview of Drug Crimes: Controlled Substances Offenses – April 17, 2012
Presenter: Thomas J. Carr, Esq. Date: April 17, 2012 Time: 6:00-7:00 p.m. Areas of Professional Practice: 1 CLE Credit Hour Click here to view Tom’s biography. If you have questions on any of our FREE Continuing Legal Education courses, please …
