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“Gross Waste”: Do Fed Employees Know It When They See It?
By Mark D. Roth Employees who see wrongdoing by their superiors are rightfully cautious in deciding to “blow the whistle” on fraud, waste, and abuse for fear of retaliation. The latest striking example of federal employees’ reluctance to disclose obvious …
Contest a Will: a Challenging Process
By Greg T. Rinckey Q: Shortly before my father passed away, my sister talked him into leaving me out of a trust he initially created for both of us. What can I do so I don’t get left with nothing? …
Federal Employees Face Uphill Battle to Improve the Worst Agencies
By Mathew B. Tully There’s bad, and then there’s really bad. A majority of federal employees braved the political and economic storms that hit the federal government in 2011 with their job satisfaction and commitment only declining by 1.5 percent, …
Ask the Lawyer: What Exactly Qualifies as Wrongful Sexual Contact Under the UCMJ?
By Mathew B. Tully While the most serious sexual assault offenses, such as rape and aggravated sexual assault, have captured the most media attention, wrongful sexual contact is actually becoming a bigger problem in the military. In the 2010 fiscal …
White Lies Can Leave Dark Stains on Federal Careers
By Mathew B. Tully With executive branch agencies facing tighter budgets and looking harder at the bottom line, federal employees have come under intense scrutiny. Naturally, with this greater scrutiny comes a greater fear of making mistakes. There is also …
Go Back to School With the Post-9/11 GI Bill: A Lawyer’s Story
Originally posted in New York Law Journal. With the last U.S. forces being pulled out of Iraq in December 2011 and troops expected to leave Afghanistan by 2014, over 1 million members of the armed forces will come off active …
Ask The Lawyer: Should I Reject Captain’s Mast For Court-Martial?
By Mathew B. Tully When deciding whether to take a case to court-martial instead of Captain’s Mast, the big question is how hard do you want to fight for your innocence? The next question is do you really want to …
Adversarial Relations Become A Hard Habit To Break
By Mark D. Roth More than two years have passed since President Barack Obama revived a Clinton-era initiative designed to help federal agency managers and labor officials agree on how to better deliver government services. The council that the administration …
Ask the Lawyer: Family’s Losses Depend on Charges, Sentence
By Mathew B. Tully Question: What will happen to my family if I am convicted at court-martial and sentenced to confinement with a punitive discharge? Answer: What happens in the short term to dependents of service members sentenced to confinement …
Ask The Lawyer: Is It A Crime, Yet?
By Mathew B. Tully Q: At what point does an attempt to do something illegal become criminal, even if you don’t pull off the crime? A: In the military, anyone who tries to commit a crime, regardless of whether he …
Ask the Lawyer: You Can’t Take Military Property – Even Temporarily
By Mathew B. Tully Question: How bad would it be if I used some military equipment from work to do odd jobs at home? Answer: Every so often I come across a newspaper article about a bomb squad being called …
Ask the Lawyer: Don’t Approach Commercial Lease too Lightly
Question: I want to relocate my retail business to a shopping plaza that attracts more traffic than the one where I am currently located. I’ve been at the same location for years, so what should I know now about shopping …
Navigating Associateship Contracts and Purchase Agreement
CONTRACTS. They can evoke as much tribulation in dentists at the start of their careers as the drill can instill in patients. Whether it is an associateship contract or a purchase agreement for an existing practice, dentists have good reason …
Ask the Lawyer: What If You Are Being Punished For Blowing The Whistle?
By Mathew B. Tully With Congress squeezing the Department of Defense’s budget, you’d think military officials would warmly embrace any service member who reports an instance of fraud or waste. Unfortunately, that is not always the case. In fact, a …
Feds Can Doom Their Careers with the Click of a Button
By Mathew B. Tully With federal agencies desperately looking to cut down on waste, and the presidential campaign heating up, federal employees should be especially mindful of how they use their government computers. Employees may jeopardize their jobs by spending …
Ask the Lawyer: Recourse to Anticipated Breach of Contract
Question: A supplier with whom my company deals has been giving us the runaround for weeks. He’s having trouble delivering goods, and if I don’t get them soon then my business will be in big trouble. Do I have to …
When in Doubt, Don’t Wear Uniform to Off-base Events
Q: I am very active in community events off base. How do I know when not to wear my uniform? A: If you need to even think of the question, don’t wear your uniform. These days, many service members risk …
Brand Power – It’s How You Stand Out in the World
Greg Rinckey is an attorney the same way the Nike swoosh is running shoes or the Big Mac is fast food. “The Rinckey brand means federal employment and military law. I want to be known as the go-to firm for …
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. …
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 …
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 …
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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Neil McPhie – Ask the Lawyer
By Neil A.G. McPhie Q: What do you do if you accuse an agency of racial discrimination and it responds with some bogus explanation? A: Agencies usually respond to allegations of discrimination made in Equal Employment Opportunity (EEO) complaints with …
People on the Move – Sarah Green
Date added: May 21, 2012 Submission Type: New Hire Current employer: Tully Rinckey PLLC Current title/position: Associate Industry: Legal Services Position department: Legal Duties/responsibilities: Green focuses her practice on family and matrimonial law, criminal defense and civil litigation. She Green …
WGNA’s “Ask the Lawyer” – Michael Macomber
Tully Rinckey Employment Attorney Michael Macomber appears on WGNA to provide employment law guidance to listeners who wrote in with concern’s over non complete clauses in contracts, overtime pay and minimum wage rules.
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Tully Rinckey PLLC “Gives Back”
Tully Rinckey PLLC Chief Financial Officer Jeremy Noble presents a check to the Albany Housing Coalition. The money was raised by Tully Rinckey PLLC employees through a weekly donation box. The firm then adds up the monthly dollars and matches …
Tully Rinckey PLLC “Gives Back”
Tully Rinckey PLLC Chief Financial Officer Jeremy Noble presents a check to the American Heart Association. The money was raised by Tully Rinckey PLLC employees in January through a weekly donation box. The firm then adds up the monthly dollars …
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 …
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How Easy Prom Night can End a Good College Future or Career Before it Begins
For many teenagers, one of their most cherished nights will take place over one of the next few weekends. Prom night comes with the hope of memories that will be forever remembered, but one wrong move and an entire future …
Tully Rinckey’s Bankruptcy Practice Just Got Rock Solid
Tully Rinckey PLLC is pleased to announce the addition of Robert J. Rock as Senior Counsel of the firms’ bankruptcy practice. Mr. Rock will be representing creditors and debtors in Chapter 7 and Chapter 13 bankruptcies. In addition, he will …
Children Now Control the City
Children inside the Campus Children’s Center on the state campus in Albany walked into a city full of surprises Thursday morning after employees at Tully Rinckey PLLC presented them with their very own metropolis – trees, traffic, tall buildings and …
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Real Estate Closings for the Non-Real Estate Attorney – June 19, 2012
Presenter: Graig F. Zappia, Esq. Date: June 19, 2012 Time: 6:00-7:00 p.m. Skills: 1 CLE Credit Hour Click here to view Graig’s biography. If you have questions on any of our FREE Continuing Legal Education courses, please call 518-218-7100 or e-mail CLE@tullylegal.com. RSVP …
National Training Program – Federally Employed Women – July 16-20, 2012
Joanna S. Friedman, Esq. will be presenting on several topics regarding EEO Rights for the Federally Employed Women’s 2012 National Training Program in Detroit, MI. Joanna will provide training on topics ranging from EEO Complaints to Employee Relations and Security …
Legal Ethics: Duties to Clients – July 17, 2012
Presenter: Douglas J. Rose, Esq. Date: July 17, 2012 Time: 6:00-7:00 p.m. Ethics and Professionalism: 1 CLE Credit Hour Click here to view Doug’s biography. If you have questions on any of our FREE Continuing Legal Education courses, please call 518-218-7100 or …
