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Related Articles: Greg T. Rinckey Esq., Military Law
Fired Reservist Sues Former Employer
A Marine Corps Reservist who just shipped out for boot camp is suing his former employer for allegedly firing him because he joined the military – but his ex-bosses at a Connecticut car dealership say it’s all a big misunderstanding. …
Pilots Could Be Punished After Speaking Up About Deadly F-22 Fleet
Two US Air Force pilots who spoke out against unresolved issues onboard the multi-million dollar F-22 Raptor fleet may face punishment from the Pentagon, even though they are covered under the Whistleblower Protection Act. Despite ongoing reports of malfunctions with …
Washington Area Appointments and Promotions for the Week of May 14
Tully Rinckey of the District appointed Sterling DeRamus of counsel in the military law and federal employment law practice.
Greg Rinckey Discusses Possibility of Occupy Albany Class Action Lawsuit
Tully Rinckey managing partner Greg Rinckey is called on by the Capital Region’s #1 station WNYT-13 to provide legal analysis after a number of occupiers look to file a class action lawsuit against the New York State Police for allegedly …
Former Army JAG Greg Rinckey Provides Legal Analysis of Soldier Who Died on Skype
Military Lawyer and former Army JAG Attorney Greg Rinckey is called on by CNN to provide live perspective on a mysterious investigation surrounding the death of U.S. soldier after he collapses while speaking to his wife via Skype. Rinckey weighs …
People on the Move – Sterling DeRamus
Date added: May 4, 2012 Submission Type: New Hire Current employer: Tully Rinckey PLLC Current title/position: Of Counsel Industry: Legal Services Position department: Legal Previous Employer: United States Navy Duties/responsibilities: Of Counsel DeRamus will assist and represent federal employment clients …
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? …
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 …
Employment Rights for America’s Returning Veterans
Mathew Tully, from the Tully Rinckey law firm in New York, says that former members of the military have an advantage in getting hired by the federal government. The Veterans Employment Opportunities Act (VEOA) allows veterans to obtain hiring preference …
Shifting Guidelines Prompt Calls for ROE Reform
The Afghan man captured on a grainy surveillance video was a known insurgent. And there he was — again — digging a hole for a homemade mine beneath a well-traveled dirt road in Helmand province. Several Marines in a nearby …
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 …
Suit Over Veteran’s Job Status Before Deployment May Proceed
Originally posted in New York Law Journal A National Guardsman who left his job to serve in Iraq can sustain an employment action because questions remain as to whether he was an independent contractor and whether he would have been …
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 …
Department of Veterans Affairs Claims Process – August 21, 2012
Presenter: Greg T. Rinckey, Esq. Date: August 21, 2012 Time: 6:00-7:00 p.m. Areas of Professional Practice: 1 CLE Credit Hour Click here to view Greg’s biography. If you have questions on any of our FREE Continuing Legal Education courses, please …
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 …
Method, Intent Shape Illegal-Entry Charges
Q: I got in trouble for going into a friend’s home without his permission while he was away. What’s the difference among burglary, housebreaking and unlawful entry? A: Even government prosecutors have a hard time differentiating these offenses. In fact, …
Veterans’ Employment Issues – Pennsylvania Bar – April 20, 2012
Greg T. Rinckey will be presenting a CLE at the Employment Law Institute held by the Pennsylvania Bar Institute on April 20, 2012 in Philadelphia, PA. Greg’s presentation will cover USERRA rights and give an overview to employment attorneys about …
Army Reserve Reprimands Soldier who Backed Paul
Greg Rinckey’s military law analysis used in this Associated Press Article was picked up by 350+ local and national news sites across the world including the Washington Post, Washington Examiner, Boston Globe, MSNBC, Taiwan News, Stars and Stripes and world …
“Very Familiar With Military Law” – S.D.
“Mr. Rinckey was a life saver. I really gave up that there were no lawyers out there that were familiar with military regulations. Greg was very familiar with military law and was very good keeping me informed with his phone …
“Thank You!” – M.H.
“Thank you for all that you do for National Guard issues!” - M.H.
Former Army JAG Lisa Windsor Discusses Robert Bales Murder Trial
UCMJ Attorney Lisa Windsor appears on C-SPAN’s Washington Business Journal program to provide analysis and field viewer questions regarding the high profiled murder case of Staff Sergeant Robert Bales who is accused of killing 17 Afghanistan civilians.
Army Sergeant Charged in Afghan Massacre
Tully Rinckey’s Lisa Windsor provides analysis for Associated Press Television in the case of an Army soldier who is accused of murdering 17 Afghanistan Civilians.
US Afghan Shooting Trial to be ‘Long Process’
A top US Army general has said that the case against US soldier Robert Bales, charged with 17 counts of premeditated murder over the pre-dawn massacre of Afghan villagers, is set to be a “long process”. General Lloyd Austin, the deputy …
Marine Should Not be Punished for Anti-Obama Facebook Posts
A Marine who said he would not follow an unlawful order from President Obama should not be dismissed, Rep. Duncan Hunter (R-Calif.) said Friday. Hunter, a Marine reservist who served in Iraq and Afghanistan, said Marine Sgt. Gary Stein should not …
Marine Still Outspoken Despite Facing Dismissal
The story was picked up by hundreds and hundreds of national and local news agencies across the world including ABC News, Boston Globe, CBS News, Yahoo News, Military Times Publications, Miami Herald and Times Union. A Marine facing dismissal for …
Army Improves Help for Sexual Assault Victims
Pvt. Jessica Kenyon was in the Army from 2005 to 2006. In that short time, she says she was raped twice and also forcibly groped by three fellow soldiers. She stayed silent because she feared retaliation and being ostracized, she …
Court Allows Veterans’ Suit for USERRA Violations to Proceed Despite General Motors’ Claim
A federal court has refused to dismiss an Army veteran’s lawsuit against his former employer, General Motors Company, under the Uniformed Services Employment and Reemployment Rights Act, rejecting GM’s claim that the vet had waived his right to sue. In …
How Staff Sgt. Bales’ Lawyers are Fighting for His Life
Lawyers for Army Staff Sgt. Robert Bales, suspected of killing 16 Afghan civilians, will likely mount a two-pronged defense, military law experts say, attacking the evidence against him while also arguing that his reported combat injuries and mental trauma created …
Former Army JAG Lisa Windsor Discusses Afghan Civilian Shootings
Military Defense attorney Lisa Windsor appears on CCTV to to discuss possible convictions for Robert Bales, who is being charged with killing Afghan civilians.
Military Attorney Greg Rinckey Discusses Whats Next in Afghan Civilian Shooting Case
Tully Rinckey’s Managing Partner Greg Rinckey appears on CNN to provide military law analysis surrounding Army Sgt. Robert Bales who is accused of killing sixteen in Afghanistan. The interview hit the CNN Wire where it was picked up by more …
Motive Remains a Mystery
Like thousands of other American soldiers, Robert Bales joined the army after the September 11th attacks. And like many of those troops, he found himself serving multiple deployments in two different wars while he dealt with injuries both physical and …
A Look at Military Justice in Afghan Killing Case
Featured on 650+ news sites around the world including: ABC News CBS News MSNBC NPR US News and World Report Huffington Post Washington Post Boston Globe Yahoo News Google News Verizon News Miami Herald San Francisco Chronicle Anchorage Daily News …
Attorney Makes a Good Case for an MBA
A look at Greg T. Rinckey’s professional history makes it clear that he is a modern-day Renaissance man. He started out as as a firefighter, and doggedly pursued his dream of becoming an attorney. Along the way, he sandwiched in …
Ask The Lawyer: Computer Misuse Can Compromise Security Clearance
Q: How bad is it for me to use my government computer for non-work matters? A: There is a type of computer program called a “Trojan horse.” It usually comes to users as a benign message or link, but once …
Sexual Assault Lawsuit and Documentary Highlighting Secret Problem in the Military
Rape, sexual assault and sexual harassment are the subject of an eye opening lawsuit filed by eight female service members against the Department of Defense, Marine Corp and Navy. In the complaint, the female plaintiffs accuse fellow service members of …
Ask the Lawyer: Education Interrupted by Service? Know Your Rights
Q: I recently started attending college and am really enjoying it. I also serve in the National Guard. I’ve heard some professors grumble about students missing classes because of military obligations. I’m a little worried about what will happen to …
Lisa Windsor Discusses Danny Chen Military Hazing Suicide Case
UCMJ Court Martial Attorney Lisa Windsor provides Military Law analysis on the Danny Chen suicide case. 8 soldiers are facing charges after Danny Chen committed suicide after repeated hazing based on his Chinese-American race.
Returning Military Members: Feds Not Offering Jobs Back
Every year, more than 1,000 National Guard, reserve and active-duty troops coming back from Iraq, Afghanistan or other military duty complain of being denied jobs or otherwise being penalized by employers because of their military obligations. The biggest offender: the …
Returning Veterans Allege Job Discrimination – by the Government
Every year, more than a thousand National Guard, reserve and active-duty troops coming back from Iraq, Afghanistan or other military duty complain of being denied jobs or otherwise being penalized by employers because of their military obligations. The biggest offender: …
Federal Government is Top Offender Against Veterans on Holding Jobs
Every year, more than a thousand National Guard, reserve and active-duty troops coming back from Iraq, Afghanistan or other military duty complain of being denied jobs or otherwise being penalized by employers because of their military obligations. The biggest offender: …
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 …
Greg Rinckey Discusses Cell Phone Spy Software Legalities
Cell Phone Spying – Legal or Illegal? Albany, NY Lawyer Greg Rinckey of Tully Rinckey provides some legal perspective for a Fox23 special report on the controversial practice of cell phone spying, monitoring, and hacking. Greg Rinckey explains how the …
Service Members’ Rules of Engagement for Valentine’s Day
By Lisa M. Windsor It’s said that love blossoms even in times of war. For the past decade, service members have had to celebrate Valentine’s Day while wars waged in Iraq and Afghanistan. Now with U.S. forces having been withdrawn …
Love in the Military Could Cause Concern on Valentine’s Day
Dating, Cheating and Displays of Affection Can Lead to Serious Trouble. Valentine’s Day evokes the feelings of love and passion, but in the military it can attract a long list of criminal offenses. The military’s Uniform Code of Military Justice …
“Most Amazing Attorneys in the World!” – P.K.
“Non-judgmental, efficient, professional, personable, most amazing attorneys in the world! This is my first experience with attornies and I know in my heart I got the best ones! I do have bragging rights! Keep fighting the good fight!!!” - P.K. …
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 …
Facebook ‘Invisible’ Sharing Worries Privacy Advocates
As Facebook officials unveiled dozens of new applications this week for automatic sharing of profile content, privacy advocates warn that users should worry not only about what is openly shared, but also about what they claim is shared behind-the-scenes to …
“Cannot Thank You Enough” – R.S. and C.S.
“I cannot thank you enough for all that you did for us.” – R.S. and C.S.
“Resolution Was Quite Fair and Timely Received” – R.S.
“Great experience. Resolution was quite fair and timely received. Federal agency was tardy in forwarding settlement draft, but your law firm quickly responded to ensure resolution after I inquired.” – R.S. on Managing Partner Greg Rinckey
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 …
Marines Caught Degrading Taliban Corpses
A Youtube video has recently surfaced showing four US Marine solders urinating on Taliban corpses – an act that appears to violate international laws of warfare and further strains US-Afghan relations. They are from the 3rd battalion, 2nd marines unit. …
Marines Caught Degrading Taliban Corpses
A Youtube video has recently surfaced showing four US Marine solders urinating on Taliban corpses – an act that appears to violate international laws of warfare and further strains US-Afghan relations. They are from the 3rd battalion, 2nd marines unit. …
Marines Caught Degrading Taliban Corpses
Defense Secretary Leon Panetta said today the Marines videotaped urinating on Taliban corpses will be punished “to the fullest extent.” Military legal expert Mathew Tully, a lieutenant colonel in the New York National Guard, told the Stars and Stripes that punishment needs to …
Hearings Set in Chinese-American Soldier’s Death in Afghanistan
Legal proceedings will begin Sunday in the death of a Chinese-American soldier believed to have committed suicide in Afghanistan after allegedly being hazed by his fellow soldiers, the Army says. The Article 32 hearings, which would determine whether there was enough …
Serving Those Who Served: New York State Bar Association Offers Program on How to Represent Military Veterans
Expert Panels Explore Growing Legal Needs, Impact of Military Culture and Opportunities to Help Addressing a growing need for veterans’ legal services, the New York State Bar Association’s Special Committee on Veterans is presenting a daylong program on preparing attorneys …
Panetta Assures Afghans of Full Probe Into Marine Video
Pentagon leaders scrambled Thursday to contain damage from an Internet video purporting to show four Marines urinating on Taliban corpses — an act that appears to violate international laws of warfare and further strains U.S.-Afghan relations. Defense Secretary Leon Panetta …
DOD Out to Stem Backlash from Incendiary Video
U.S. officials scrambled Thursday to temper backlash from a video appearing to show Marines urinating on the corpses of Taliban fighters, an incendiary act that could again inflame anti-American sentiment throughout the Muslim world. Top Pentagon leaders issued a series …
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 …
Rainier Shooting Suspect’s Army Discharge Does Not Bar VA Benefits
The former soldier who allegedly killed a ranger at Mount Rainier National Park Sunday likely was eligible for veterans benefits, according to documents that explain how soldiers with misconduct discharges like him can obtain services at Veterans Administration hospitals. Shooting …
Hazing-related Charges in GI’s Death Could be Difficult to Prove
A low-ranking soldier is hazed and mistreated by his fellow troops and even his leaders. He commits suicide. The military investigates. Are his tormenters legally responsible for his death? Last week, the Army charged eight soldiers in the hazing and …
Harshest Charges in Asian-American GI’s Death May Not Stick, Experts Say
Army prosecutors will be in a tough spot pursuing charges of negligent homicide and involuntary manslaughter against five soldiers in connection with the death of an Asian-American GI whose family and advocates say was the victim of racial taunting, bullying …
The Season of Giving Could Lead to a Court Martial
Most gift giving frowned upon and punishable in the military. The exchange of gifts is a favorite holiday tradition for many. A less popular and less known holiday tradition, however, involves the punishment of service members who stray from military …
Military Lawyer Greg Rinckey Donates Coats to Veterans
CBS 6 stops by and highlights Tully Rinckey’s annual ‘Coats for Veterans’ event where 50 veterans in need received winter coats. Greg Rinckey also surprised the Veteran Community Service Center with a check for their efforts.
Albany New York Law Firm Gives Away Coats to Military Veterans
Greg Rinckey appears on FOX 23 handing out winter coats for vets. It’s part of Tully Rinckey’s annual ‘Coats for Veterans’ campaign. In addition, Rinckey presented a surprise donation check to the Veteran Community Center.
Military Veterans Recieve Holiday Gift of Dickie’s Coats from Albany Law Firm
WTEN picks up on Tully Rinckey’s 2nd Annual ‘Coats for Veteran’s’ event. Greg Rinckey hands out 50 coats to veterans in need this holiday season and suprises the Veteran Community Service Center with a donation check.
Tully Rinckey Presents Coats to Homeless Military Veterans for Holidays
Greg Rinckey and the law firm are recognized on WNYT 13 for their 2nd annual ‘Coats for Veterans’ event. The law firm donated 50 winter coats to veterans in need as well as a donation check to the Veteran Community …
Tully Rinckey Donates Coats to Veterans for the Holidays
YNN showcases Greg Rinckey and Tully Rinckey for their charitable efforts during the law firms’ 2nd annual ‘Coats for Veterans’ campaign. This year Tully Rinckey gave out 50 winter coats to veterans in need as well as a surprise donation …
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 …
Coats for Vets, Christmas Pageants, Toys for Kids
Christmas is the time of year for traditions and giving to others. At the Veterans Administration Medical Center in Albany, the law firm Tully Rinckey partnered with Dickies clothing company to give away 50 coats to veterans. The law firm also donated …
The Season of Giving Could Lead to a Court Martial
The exchange of gifts is a favorite holiday tradition for many. A less popular and less known holiday tradition, however, involves the punishment of service members who stray from military rules by giving their superiors a Christmas or Hanukkah gift. …
8 US Soldiers Charged in Death of Fellow GI
Eight U.S. soldiers have been charged in the death of 19-year-old Private Danny Chen, who was found shot to death in a guard tower in Afghanistan. It was first thought that Chen may have committed suicide. The military’s investigation found however …
Tully Rinckey Steps Up Efforts to Aid Homeless Veterans
The U.S. Department of Housing and Urban Development recently reported the findings of a one-night survey taken last January that over 636,000 people were homeless nationwide, down 2.1 percent from a year earlier. Veteran homelessness declined even further since January …
Pricey Gifts for Superiors Land Service Members on Military’s Naughty List
By Lisa Marie Windsor ‘Tis the season for giving. Service members, however, must be very careful when giving gifts to superior officers, because when such presents are too valuable they could land subordinates on the military’s naughty list. As many …
The Bradley Manning Hearing: What’s Likely to Arise
Wired magazine has a long-ish report on what to expect from the upcoming “Article 32“ pre-trial hearing for Bradley Manning, accused Wikileaker: The Article 32 hearing, a cross between a grand jury hearing and preliminary hearing in civilian courts, will be …
WikiLeaks in Court: What to Look for in Bradley Manning’s Hearing
When WikiLeaks suspect Bradley Manning enters a military courtroom in Ft. Meade on Friday he’ll face a military investigator bent on demonstrating that the young soldier committed grave violations of law by leaking hundreds of thousands of classified and sensitive …
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 …
Red Tape Ensnarls Veteran-Owned Small Business
House Committee on Veteran Affairs calls VA’s verification process a failure. The U.S. House Committee on Veterans Affairs held a joint hearing Wednesday to flush out what lawmakers called significant problems with the process of verifying veteran-owned and service-disabled veteran-owned …
VA Can’t Say Definitively Its Nursing Homes Have Bucked Deficiencies: GAO
By Greg T. Rinckey The U.S. Department of Veterans Affairs still cannot provide assurances that patient care problems identified years ago at some of its 132 nursing homes have been resolved, according to the federal government’s watchdog agency. In a …
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 …
Ask the Lawyer: Be Careful When Giving a Little Help to Your Friends
Q: Can I get in trouble if I help a fellow service member who may have committed a crime? A: That depends on whether you actually know a fellow service member has committed a crime. The law regarding accessories after …
Employment Law Advice for America’s Returning Veterans
Today, we’re speaking with Mathew Tully, from Tully Rinckey PLLC law firm. We’re one of the largest law firms in the country that represents National Guardsmen and reservists in employment actions. I got here because in 1995, I went away …
House Passes Bill to Extend Hostile Work Environment Protections to Service Members
By Greg T. Rinckey Service members who felt vulnerable after a federal appellate court earlier this year ruled the Uniformed Service Employment and Reemployment Rights Act (USERRA) does not protect them from hostile work environments now have reason to be …
Lisa Windsor Discusses Changes to FMLA
Military Attorney Lisa Windsor of Tully Rinckey appears on Capital Insider to discuss changes to the Family Medical Leave Act (FMLA) for soldiers who are or will be deployed and their families.
One War to Another
Talk about shell shock. Over the past few months at my law firm dedicated to protecting the employment rights of military service members and veterans, I’ve heard from a shocking number of individuals experiencing trouble finding jobs. Part of the …
Ask the Lawyer: Misuse of Rx Drugs a Prescription for Trouble
Q: If my urinalysis comes back positive and I have a doctor’s prescription for painkillers, will I not get in trouble? A: Prescription drug use within the military has grown significantly in recent years, with many service members suffering from …
Strange Case of Kentucky Soldier Charged with Espionage
American Army Specialist William Millay, a 22-year-old military policeman from Owensboro, Kentucky, stationed at Joint Base Elmendorf-Richardson in Alaska has been arrested and is awaiting charges of espionage. Reports from Wave 3 in Louisville, Anchorage Daily News and the Army Times all agree that …
Alaska Solider Accused of Espionage
A US Army soldier working as part of military police in Alaska has been arrested on suspicions of spying according to a US Army official, Reuters reported on Tuesday. Specialist William Colton Millay, 22, was arrested following an investigation by …
Veterans Return Home to Find Tough Luck on the Job Front
Many remain unemployed or are denied promotions and raises because of commitment to country Working under the most unfavorable conditions while serving their country overseas, service members are returning home and receiving an even more unfavorable slap in the face …
The Next Bradley Manning? Not Necessarily
The case of a U.S. Army police officer arrested on espionage charges in Alaska over the weekend immediately got compared to Bradley Manning, the Army intelligence analyst currently facing charges of leaking documents to WikiLeaks, but so far there’s just no …
UCMJ Charges Expected in Espionage Case
An Alaska soldier arrested on suspicion of espionage will face military charges, but he is not expected to be charged in federal criminal court, according to an Army spokesman. Spc. William Colton Millay, a 22-year-old military policeman from Owensboro, Ky., …
GI Bill 2.0 Includes National Guard Members – Finally
When the Post-9/11 GI Bill was passed in 2008, it was hailed as a significant improvement to military education benefits. Under the new bill, military personnel with just 90 days of active-duty service could be partially eligible for benefits. After …
KIA Bracelets Receive Corps Commandant’s OK
By Greg T. Rinckey The Marine Corps has backed away from a ban against bracelets honoring fallen comrades. Service members, nevertheless, need to beware that other slight modifications to their uniforms can still get them in trouble. On Oct. 18, …
Lisa Windsor Discusses Ramifications of Speaking Out Against Government
Tully Rinckey’s Lisa Windsor sits down with CNC World News and discusses the ramifications after a service member speaks out against the government or military while on active duty.
Federal Commissioned Officers Score Protections Against Discrimination
By Mathew B. Tully 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 …
CAAF Bolsters Alleged Sex Assault Offenders’ Ability to Confront Accusers
By Greg T. Rinckey In a ruling that could have broad impacts on military rape cases involving married victims, a divided U.S. Court of Appeals for the Armed Forces (CAAF) ruled in U.S. v. Ellerbrock that a military judge violated …
WGNA’s “Ask the Lawyer” – Greg Rinckey
Greg Rinckey appears live in the WGNA Studios and answers listeners questions on protection orders while living together, child support and pay raises owed after getting laid off.
Don’t Drop the Ball When Requesting FMLA Deployment-Related Leave
By Mathew B. Tully 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 …
F.M.L.A. Change Grants Military Family Members Time to Deal With Deployments
Many service members will say one of the toughest parts about a deployment is saying goodbye to their family. Soon new changes to the Family and Medical Leave Act (FMLA) will make that farewell easier to handle. Beginning October 31, …
Explicit Messages, Images Put Careers at Risk
It began with some flirtatious text messages between an advanced individual training instructor and a young female trainee, and it quickly turned physical. The illicit relationship between the staff sergeant, who was almost 40, and the 19-year-old student was their …
Ask the Lawyer
Q: I think someone I know in the Navy is cheating on his wife with a civilian in another state. He’s gone to great lengths to keep it a secret, but what would happen if he gets caught? A: Many …
Don’t Ask Don’t Tell Repealed
Tully Rinckey’s Lisa Windsor speaks with Capital Insider on the legal challenges that are born now that Don’t Ask, Don’t Tell has been repealed.
Misbehavior by a Sentinel Charge Does Not Apply to Stoners: Navy-Marine Court
By Greg T. Rinckey Congress and the president have an “I told you so” coming their way after a Marine lance corporal avoided conviction for misbehaving as a sentinel despite the fact he bought and smoked hashish while on guard …
“Great Representation” – T.M.
“I received great representation and a fair settlement.” – T.M. on managing partner Greg T. Rinckey
“Absolutely Great” – S.D.B.
“The firm (Mr. Rinckey) was absolutely great. I was able to set up a payment plan to suit my needs and best of all, I was found not guilty. I truly believe that without Mr. Rinckey, I would not have …
What You Need to “Know” About AWOL
Q: I am being charged with AWOL even though I never got the word about a mandatory formation for all personnel. Can my unit do that? A: It depends. There are several types of absence without leave under Article 86 …
Ranks of Super Lawyers at Tully Rinckey Grow in 2011
Providing further proof that Tully Rinckey PLLC is not only growing in size but also in respect among other upstate attorneys, four firm partners have been named “Super Lawyers” by a major brand in lawyer ratings for consumers. Super Lawyers, …
Greg Rinckey Discusses Repeal of Don’t Ask, Don’t Tell
Tully Rinckey’s managing partner Greg Rinckey speaks with FOX 23 and discusses the legal debate that follows the end of Don’t Ask, Don’t Tell.
Greg Rinckey Discusses Repeal of Don’t Ask, Don’t Tell
Tully Rinckey’s managing partner Greg Rinckey speaks with YNN about the ending of Don’t Ask, Don’t Tell and why a legal debate is just beginning.
Army Wife Talk Radio Show: Servicemember Civil Relief Act
Join the Army Wife Network team this week on Army Wife Talk Radio for an informative discussion on the benefits soldiers receive under the Servicemembers Civil Relief Act (SCRA) with Tully Rinckey PLLC Partner, Lisa M. Windsor.
Positive Drug Test May Not Lead to Separation
Q: My drug test came back positive and showed traces of cocaine in my urine. Does this mean my military career is over? A: Not necessarily. The armed forces do not require mandatory separation when you test positive for illegal …
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 …
Court Awards Reservist $926K in USERRA Case
An Air Force reservist is a major step closer to receiving $926,506 in back pay and damages, after winning another round in his court fight for his federal re-employment rights. It’s one of the largest cases ever under the Uniformed …
1st Cir: Employer $tuck with State and Fed Damages for Discriminating Against Guard Member
By Mathew B. Tully A federal appellate court shot down a Massachusetts sprinkler company’s attempt to curtail the amount of damages a service member could recover from it not only for violations to Uniformed Services Employment and Reemployment Rights Act …
Armed Forces Med Examiner Records High Positive Test Rates for Spice
By Lisa M. Windsor Six months into the federal government’s blitz on designer drugs, the military is making inroads in detecting synthetic marijuana users within its ranks. Citing statistics from the Armed Forces Medical Examiner System, Air Force Times reported …
2nd Cir. Decision Marks Big Win for Reservists with Commission-Based Jobs
By Mathew B. Tully A federal appellate court has handed a huge legal rights bonus to service members who leave commission-based jobs to actively serve in the military. The court found Wachovia Securities LLC violated an Air Force reservist’s rights …
Club Denies Afghanistan Refund
Cpl. Matthew Martin and his fiancee waited for confirmation that his Marine Corps unit was not scheduled for an overseas assignment this year before setting their wedding date. “We wanted to be sure before we signed anything that he was …
Death Investigation Details Hazing
3 Marines will face various charges in their hearing today in Kaneohe Within two weeks of arriving at a new patrol base and being assigned to a new squad in southern Afghanistan, Marine Lance Cpl. Harry Lew fell asleep three …
Dominique Strauss-Kahn – A Free Man
August 23 decision of the Court of appeal was completed on the prosecution of the former head of the IMF Dominique Strauss-Kahn, who was charged with sexual violence. Earlier in the day the Court dropped all charges against the former …
Dealing With Insurance Policies After Hurricane Irene
Tully Rinckey’s Greg Rinckey is called on by WTEN to provide advice for homeowners when dealing with insurance policies. Since more and more claims are being filed after Hurricane Irene there are also a lot of loopholes that can be …
Exam Cheating Sinks Conn. Submariners
By Greg T. Rinckey A new front has emerged in the military’s fight against exam cheaters. This time it involves a Navy submarine, and there are indications the cheating might not be an isolated incident, according to an Associated Press …
USAFCCA: Small Sums Swiped Can Cost Service Members Their Military Careers
By Lisa M. Windsor Service members should be very careful about “self help” in recovering funds loaned to someone else, because, as a recent U.S. Air Force Court of Criminal Appeals (USAFCCA) ruling illustrates, wrongful repossession of as little as …
USCAAF: Government Cannot Be Coy When Charging Adultery
By Greg T. Rinckey In a significant win for service members’ due process rights, the U.S. Court of Appeals for the Armed Forces (USCAAF) on Aug. 8 set aside a Marine drill instructor’s adultery conviction and sentence because the specification …
Military Confronts Rampant Alcohol Abuse
By Greg T. Rinckey More Service Members in Need of Counseling, Effective Legal Representation Military leaders are stepping up efforts to address service members’ alcohol abuse problems, which have spread throughout the armed forces during years of exposure to stressful …
Officers Should Not Let Letters of Reprimand Ruin Their Careers
Q: I am an officer and have received a letter of reprimand. What should I do? A: Commissioned officers and warrant officers put their military careers at risk if they view a letter of reprimand (LOR) as a slap on …
Army Goes After Bad Apples Amid Troop Withdrawals From Iraq/Afghanistan
By Greg T. Rinckey Army soldiers who have managed to avoid getting kicked out of the military despite their illegal drug use or other misconduct will be falling into the crosshairs of commanders whose priorities are being reshuffled as the …
Crackdown on Spice Hinges on Marines Outing Marines
By Lisa M. Windsor A U.S. Marine Corps initiative intended to overcome the cultural negativity attached to “snitching” is being tested in Japan and is being eyed as a model for the force in its fight against rampant use of …
Skeptical Military Judges Can’t Fish for More Serious Charges During Guilty Pleas
By Lisa M. Windsor Standing before a judge at court-martial is never easy, especially when a service member is pleading guilty to a charge. It becomes an even more daunting matter when that judge expresses skepticism over the charge to …
Army Prohibits Use of Prescription Drugs 6 Months after Exp. Date
By Greg T. Rinckey Soldiers need to start paying closer attention to the dispense date on their prescription drugs. Their military careers could be in jeopardy if they use prescription pills more than six months after the dispense date and …
Inside the Major Nidal Hasan Case
Tully Rinckey attorney Lisa Windsor discusses the case against Ft. Hood shooter Maj. Nidal Hasan, and explains the differences between the civilian and military justice systems.
Law Prohibits Public Employers from Laying Off Service Members on Active Duty
By Mathew B. Tully New York public employees who took leave to serve their country have less reason to worry about losing their civilian employment due to the consolidation, abolishment, displacement or demotion of their positions under legislation (A.1428-B) Gov. …
Few Options for Fort Hood Shooting Suspect’s Team
More than two dozen soldiers have testified about the day they were shot at Fort Hood in November 2009. Some told of looking the gunman in the eye as he fired. A Senate investigation’s findings about the suspect: Before the …
Fort Hood Suspect’s Defense Has Few Options
More than two dozen soldiers have testified about the day they were shot in a crowded Fort Hood building in November 2009. Some told of looking the gunman in the eye as he fired. A Senate investigation has announced its …
Fort Hood Suspect’s Defense Has Few Options
More than two dozen soldiers have testified about the day they were shot in a crowded Fort Hood building in November 2009. Some told of looking the gunman in the eye as he fired. A Senate investigation has announced its …
Path Least Taken No More: More Sex Assault Cases Take Court-Martial Route
By Greg T. Rinckey Earlier this year, 17 active duty and veteran service members sued top Pentagon officials for allegedly failing to adequately address sexual assault in the military. The plaintiffs in the case – including 15 women and two …
Coast Guard Convictions Highlight Aggressive Crackdown on Hazing
By Greg T. Rinckey The courts-martial of seven Coast Guardsmen convicted of hazing other sailors are highlighting how the armed forces are demonstrating little restraint in their effort to aggressively enforce a zero-tolerance policy against the brutal and demeaning practice. …
Study Examines Impacts of Malignant Pleural Mesothelioma on Vets
By Greg T. Rinckey A new study sheds light on the impact of a lethal cancer on veterans. The study covers Malignant Pleural Mesothelioma (MPM) and its effect on veterans, particularly Caucasians in their early 70s. The study illustrates the …
Former JAG Officer Joins Tully Rinckey PLLC
FORMER JAG OFFICER JOINS TULLY RINCKEY PLLC Military Law Attorney Lisa M. Windsor Hired as Of Counsel June 28, 2011 – Washington, D.C.– Tully Rinckey PLLC is pleased to announce the hiring of attorney Lisa M. Windsor as Of Counsel …
Ask the Lawyer: “Little White Lies” Not Worth the Risk of an Article 107
By Mathew B. Tully Q: How much trouble would I get into for telling a lie, or stretching the truth, on a military form? A: In the military, even what some might consider innocuous “little white lies” can stain your …
Navy Sees Steady Decline in Courts-Martial
Despite a stream of headline-grabbing disciplinary issues, the Navy has over the past decade seen a steady decline in the number of sailors who have faced the most serious court-martial proceedings. The pace and pressure of wartime operations is clearly …
USCAAF: No Smoking Gun Necessary for Desertion Conviction
By Greg T. Rinckey The nation’s highest military court has sent a clear message to service members believing they can avoid desertion convictions by telling no one of their intent to permanently stay away from the military: such smoking gun …
Court: USERRA Doesn’t Guard GIs Against Hostile Work Environments
By Mathew B. Tully For the first time, a federal appellate court has weighed in on whether the Uniformed Services Employment and Reemployment Rights Act (USERRA) protects service members from hostile work environments in which their military duty is the …
Docs Obtained through FOIA Can’t Be Used for Qui Tam Actions
By Greg T. Rinckey Prospective whistleblowers intent on taking legal actions against contractors who fraudulently bill the U.S. government will have to compile evidence for their cases without documents they requested from federal agencies because of a recent ruling by …
Oregon Grocer Fails to Check Out USERRA, Ordered to Pay Vets’
By Mathew B. Tully In yet another instance of veterans’ rights under the Uniformed Services Employment and Reemployment Rights Act being grossly violated, Oregon’s Department of Justice and the Department of Veterans’ Affairs recently announced that the Fred Meyer supermarket …
USERRA & the Uniform Service Members Civil Relief Act – May 17, 2011
Presenter: Greg Rinckey, Esq. Time: 6:00-7:00 p.m. Credits: 1 Credit in Professional Practice. RSVP is required as light fare and nonalcoholic drinks will be provided.
Court Room Technology
Tully Rinckey PLLC saves clients time and money by offering state-of-the-art video conferencing technology.
Former Lesbian West Point Cadet Provides Cautionary Tale for DADT Repeal
By Greg T. Rinckey By having her readmission application to West Point rejected, a lesbian cadet who resigned from the academy last year is providing a poignant reminder that the military’s “Don’t Ask, Don’t Tell” (DADT) policy remains in effect. …
Legal Questions Raised for US After Bin Laden Killed
Tully Rinckey Managing Partner and military attorney, Greg T. Rinckey, weighs-in on the death of Osama bin Laden, including whether the killing was legal. “There is simply no question this operation was lawful,” said White House Spokesman Jay Carney. The …
“Terrific Attorney” – E.N.
“Mike Macomber was an attentive, thorough, compassionate and terrific attorney. He achieved positive results in a case that required the approval of the Air Force Academy and we are eternally grateful for his representation.” – E.N. on associate Michael W. …
“Sound Advice” – P.U.
“Your sound advice, professional team, thoughtful preparation, and solid presentation at trial culminated in a positive outcome for our son, his mom and I, and ultimately the Navy and our country. I have had occasion to work with many firms …
“Knows the System Inside and Out” – M.A.G.
“When a Judge refers to your attorney as the “world famous Mat Tully,” you know you have the right lawyer on your side. Mr. Tully has won several cases for me, with one being a landmark decision, and I watched …
“Veterans are Being Heard!” – R.E.
“There is not a better choice out there! If it was not for Mr. Tully, I would have just been another Reservist fired and red flagged from ever getting another federal job, and for what, for just being a Patriot …
“Highest Degree of Integrity” – S.H.
“I ran into an experience where I was being discriminated against by my employer based on my military service. I looked to numerous attorneys who claimed to be experts on the Uniformed Services Employment and Reemployment Rights Act and found …
MPs Prepare for the End of ‘Don’t Ask, Don’t Tell’
A military policeman spots two male soldiers in uniform openly kissing and hugging at the post exchange before a woman steps in and slaps one of their faces. What does he do? Welcome to the brave, new post-”don’t ask, don’t …
Military Tribunals – WGY Radio
WGY’s Read Shepherd talks to attorney Greg Rinckey of Tully Rinckey, a former Army JAG, about the differences between putting a defendant on trial before a judge and before a military tribunal. Attorney General Eric Holder has said 9/11 mastermind …
DoD Conducts First Major Post-9/11 Survey of Guard and Reserve Employers
By Mathew B. Tully For the first time since the nation entered sustained military operations nearly a decade ago, the U.S. Department of Defense this month began its first large-scale, nationwide survey of the employers of Guard and Reserve members. …
Court Faults USPS in Firing of Decorated Afghan War Veteran
Uncle Sam can be one generous dude. He allows workers, in the public and private sectors, to be away from their jobs for five years without losing their gigs, if they are on temporary military duty. On top of that, …
“Wonderful” – L.C.
“Thank you for the wonderful pro bono service” – L.C. on managing partner Greg T. Rinckey
“Looked Out For My Best Interest” – S.E.
“I had final say on settlement and my attorneys always looked out for my best interest. Your Firm provided the perfect fit for my legal needs. Your experience and legal expertise in USERRA cases made the difference in my case.” …
“Team of Experts” – T.W.
“Nice having a team of experts in the field of military rights. Anyone who has an issue regarding their civilian employment or the military I refer to you.” – T.W.
“Impressed and Supportive” – P.S.
“I am impressed and supportive of Greg Rinckey because of his military background and service” – P.S. on managing partner Greg T. Rinckey
“Valuable and Calming” – E.C.
“Very pleased with services and arrangements. Greg has been a valuable and calming influence in helping me deal with my issue.” – E.C. on managing partner Greg T. Rinckey
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 …
Army Looks to Improve Guard Life
Starting next fall, the time a reservist spends at home between mobilizations will increase to four years, the Army Chief of Staff said yesterday during a meeting with members of the Army National Guard in Arlington, Va. Gen. George Casey …
Former Military Lawyers Question Wisdom of Hasan Defense Attorney Blogging About Case
One of America’s highest-profile murder cases gained further notoriety last week when the defense attorney for Major Nidal Hasan, the man accused of killing 13 and wounding 30 in a November shooting at Fort Hood, Texas, publicly expressed his indignation …
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 …
Supreme Court and Federal Circuit Rule for Veterans in Two Cases
You may recall the sad story of Mr. Henderson that I talked about in this post. The basic facts were relayed in the lower court opinion: Mr. Henderson served on active military duty from 1950 to 1952. He was discharged …
Court Rules ‘Excessive’ Military Absence no Justification for Firing
The U.S. Postal Service’s decision to fire an Army National Guardsman for “excessive absence due to military service” violated federal laws protecting servicemembers’ civilian jobs, a federal appeals court ruled on Monday. The decision is the latest victory for former …
Court Rules in Favor of National Guard Vet Fired by Postal Service
A federal court on Feb. 28 ruled in favor of a veteran who was fired by the U.S. Postal Service after he had spent nearly six years on active National Guard duty. The U.S. Court of Appeals for the Federal …
SpecOps Soldier Wins USERRA Case
A National Guard Special Forces Soldier fired by the U.S. Postal Service for “excessive absence due to military service” has won a court decision that could mean more than $1 million in back pay and a new job. Sergeant Maj. …
Court Rules Army Reservist Was Wrongfully Fired
In a decision that could cost the U.S. Postal Service more than $1 million, a federal appeals court has ruled in favor of an Army Reserve sergeant major who alleges he was fired from his job as a postal worker …
Court Cases Reaffirm Law Prohibiting Discrimination Against Workers Serving in the Military
The law protecting the jobs and benefits of employees on active or reserve military duty received a boost earlier this week from two separate court decisions. The rulings, handed down in separate cases by the Supreme Court and the U.S. …
Supreme Court Sides with Reservist in Job Discrimination Suit, Bolsters USERRA
By Mathew B. Tully The nation’s highest court on Tuesday armed reservists with a shield to protect them against co-workers who are bitter over service members’ military obligations and try to undermine their civilian employment. In a decision that bolsters …
High Court Rules in Favor of Decorated War Hero
FOR IMMEDIATE RELEASE Contact: Graig Cortelyou, Chief Marketing Officer gcortelyou@1888law4life.com (518) 640-1243 (Office) (518) 755-7413 (Cell) High Court Rules in Favor of Decorated War Hero – Case will have widespread implications for thousands of veterans March 1, 2011 – Washington, …
Legal Issues Impacting U.S. Veterans
FOR IMMEDIATE RELEASE Contact: Graig Cortelyou, Chief Marketing Officer gcortelyou@1888law4life.com (518) 640-1243 (Office) (518) 755-7413 (Cell) Legal Issues Impacting U.S. Veterans – Greg T. Rinckey to Participate in Panel Discussion at Albany Law School February 28, 2011 – Albany, N.Y. …
Massive Medicare Fraud Sting Should Embolden Whistleblowers
By Greg T. Rinckey Federal authorities upped the ante in their effort to curb Medicare fraud by carrying out Thursday the largest U.S. health care take down. The nine-city sting operation led by the Medicare Fraud Strike Force netted 111 …
“Successful Outcome” – S.R.
“I would like to thank Mr. Greg Rinckey of Tully Rinckey for the efficient and professional service I received with respect to a recent military matter. I would also like to thank his paralegal for keeping my family and I …
Rise in divorce due to facebook – PYX106
Tully Rinckey Managing Partner, Greg T. Rinckey, discusses the rise of divorce cases where social media sites, like Facebook, are cited as evidence of infidelity.
Panel Discussion on Legal Issues Affecting U.S. Veterans
Three student organizations will hold an event to explore the law as it relates to more than 34 million U.S. military veterans and surviving spouses on Monday, Feb. 28, at 7:00 p.m. in Albany Law School’s Mathew Bender Courtroom. A …
Park Police Chief Case Shows Complexities Whistleblowers Face in Talking to the Press
By Greg T. Rinckey Almost seven years after a U.S. Park Police chief lost her job after talking to a Washington Post reporter about her agency’s dire need for additional resources, the U.S. Merit Systems Protection Board last month ruled …
Harassment Alleged Over Retired Gloversville Firefighter’s Guard Service
A federal court trial begins Feb. 14 in Utica on claims from a retired Gloversville firefighter that he was passed over for promotion to captain and also frequently harassed because of his service in the Air National Guard. Kyle Partlow, …
Capital Region Reacts to “Don’t Ask, Don’t Tell”
The military’s “Don’t Ask, Don’t Tell” policy is on its way out after Saturday’s historic Senate vote. “This is a great day for America. It means that those gay and lesbian service members who are in now, who will come …
Albany-Colonie Chamber Names Board
Alan Krafchin, president and CEO of the Center for Disability Services in Albany, New York, has been elected chairman of the Albany-Colonie Regional Chamber of Commerce. Other officers include: Andrew J. Matonak, president of Hudson Valley Community College, Troy, vice …
Hasan’s Attorney Has Limited Options
Veteran military attorneys say they think a capital murder trial is a virtual certainty for Maj. Nidal Malik Hasan, the Army psychiatrist charged with killing 13 people and wounding 32 others last year in a rampage at Fort Hood. They …
Supreme Court Hears 1st USERRA Case
The Supreme Court earlier this month heard the first case involving the alleged violation of the Uniformed Services Employment and Reemployment Rights Act (USERRA) since it was enacted in 1994. USERRA is a law that prevents employers from discriminating against …
Veteran’s Benefits Act Clarifies USERRA
Managing Partner Steven Herrick talks about the Veterans’ Benefits Act of 2010 and how it clarifies the Uniformed Services Employment and Reemployment Rights Act (USERRA) of 1994.
Supreme Court Hears Case of Fired Reservist
The Supreme Court on Tuesday heard the case of an Army reservist who alleges he was fired from his job in 2004 because he was deployed by the military. The case is the first that the high court has considered …
In Staub Case, a First Test of Civil Rights Law for Service Members
The Supreme Court case Staub v. Proctor Hospital has been cast as an important test of a theory of liability in employment discrimination cases. That’s certainly true. It asks: Can an employer be held liable for discrimination when biased supervisors …
Act Carefully Before Responding to Questionable Order from Commander
My commanding officer has given me a directive that I believe is unlawful. What are the consequences for obeying or disobeying the order? It depends on the type of directive and whether it’s really unlawful. The consequences for obeying an …
Thousands of Reservists Still Entitled to Compensation
In the major 2003 AFGE legal win of Butterbaugh v. Department of Justice, the U.S. Federal Circuit Court of Appeals found that federal agencies improperly charged military leave to members of the U.S. National Guard and Reserves prior to December …
Unconventional Wisdom
Tully Rinckey Managing Partner, Greg T. Rinckey, discusses a possible repeal of the military’s controversial “don’t ask, don’t tell” policy.
Ousted Gay Service Members Rejoining the Military
Former Army Lieutenant Daniel Choi was back at the recruiting office in New York City Wednesday finishing his application to re-enlist in the Army. “I want to serve,” Choi said. Choi, who is openly gay, made headlines back in July …
Court Orders Injunction Against ‘Don’t Ask’ Enforcement
A California federal court on Tuesday granted an injunction against the enforcement of “Don’t Ask, Don’t Tell” throughout the United States and across the globe. U.S. District Judge Virginia Phillips confirmed her earlier opinion in September against “Don’t Ask, Don’t …
Judge Orders Injunction Barring ‘Don’t Ask, Don’t Tell’ Enforcement
A federal judge issued a worldwide injunction Tuesday stopping enforcement of the “don’t ask, don’t tell” policy, ending the military’s 17-year-old ban on openly gay troops. U.S. District Judge Virginia Phillips’ landmark ruling was widely cheered by gay rights organizations …
Federal Judge Orders Immediate Halt to ‘Don’t ask, Don’t tell’ Ban on Openly Gay Troops
A federal judge ordered the Pentagon Tuesday to immediately quit firing gay and lesbian soldiers, striking down the military’s controversial “Don’t Ask, Don’t Tell” policy. California District Court Judge Virginia Phillips ordered the military to stop all investigations and discharges …
Some Vets Get Pink Slips Instead of Tickertape
Last year Mike Vahey returned from a four-year enlistment, including duty in Iraq and Kuwait, where he was a sergeant on an Army diving team inspecting ports for bombs. When he returned home he expected his job as an engineer …
Legal Process Starts for Fort Hood Defendant
The 2007 file photo provided by the Uniformed Services University of the Health Sciences shows Nidal Malik Hasan when he entered the program for his Disaster and Military Psychiatry Fellowship. Hasan, 39, is accused of killing 13 people on Nov. …
Supreme Court Case Involving Westboro Baptist Church
Tully Rinckey Managing Partner, Greg T. Rinckey, weighs in on the Supreme Court case involving the Westboro Baptist Church, a group known for protesting at military funerals.
Westboro Protests SEAL Funeral Procession
As if to remind the everyone of why they are appearing as defendants in a case before the U.S. Supreme Court Oct. 6, members of a controversial church that protests at the funerals of fallen American troops demonstrated yesterday along …
Major Nidal Hasan’s Court Martial to Proceed in October 2010
FOR IMMEDIATE RELEASE Contact: Graig Cortelyou, Chief Marketing Officer gcortelyou@1888law4life.com (518) 640-1243 (Office) (518) 755-7413 (Cell) Major Nidal Hasan’s Court Martial to Proceed in October 2010 – Article 32 Hearing Greatly Differs From Civilian Premeditated Murder Trial What: On November …
Don’t Ask, Don’t Tell
Don’t Ask, Don’t Tell ruling has gay service members wondering “what’s next?” Tully Rinckey Managing Partner, Greg T. Rinckey, explains what this means for service members.
Judge Shoots Down “Don’t Ask, Don’t Tell”; Gays Seek Legal Options
A federal judge has ruled the military’s “don’t ask, don’t tell” policy is unconstitutional, and one local law firm that specializes in military matters says former service members are already exploring their legal options. Greg Rinckey, with the Albany-based Tully …
DADT Ruling Could Spur Senate to Act
Gay-rights advocates pleased, but wary of what the government might do next Now that a federal judge in California has ruled “don’t ask, don’t tell” is unconstitutional and violates the First and Fifth Amendment rights of gays of lesbians, gay-rights …
What Post-9/11 Tuition and Housing Rate Changes Mean to You
Last week, the Department of Veterans Affairs (VA) announced changes to Post-9/11 GI Bill tuition payments as well as housing allowance rates. Many Post-9/11 GI Bill recipients will likely welcome the new rates, as a number of them will see …
Supreme Court to Hear Employment Rights Case
By Matthew B. Estes The Supreme Court of the United States will hear oral arguments in the case of Staub v. Proctor Hospital, No. 09-400. For over a decade, Vincent Staub worked as an angiography technologist at Proctor Hospital in …
Leak Suspect Had Been Disciplined at Least Twice Before Arrest
The leading suspect in the leaking of thousands of military documents to WikiLeaks had been disciplined at least twice in the previous three years but maintained his security clearance. Pfc. Bradley Manning already was facing military charges for allegedly leaking …
G.I. Bill Affords Law Partner with Life-Changing Experience
FOR IMMEDIATE RELEASE Contact: Graig Cortelyou, Chief Marketing Officer gcortelyou@1888law4life.com (518) 640-1243 (Office) (518) 755-7413 (Cell) In what turned out to be an eye-opening experience about fierce international competition, Managing Partner Greg T. Rinckey has returned from ten day trip …
Tully Rinckey Gets Vietnam Vet an Increase in Benefits
By Michael W. Macomber A disabled Vietnam Veteran will now receive an increase in benefits as a result of a ruling by the Merit Systems Protections Board. The Merit Systems Protection Board is an independent, quasi-judicial agency in the Executive …
Booted Gays Consider Service after DADT
Former Air Force Maj. Mike Almy was deployed to Iraq in early 2003 when he sent what he thought was an innocuous note to his partner back home using military e-mail. Months later, his chain of command deemed the content …
MSPB Rules Favorably on Combat Benefits
A new ruling from the Merit Systems Protection Board will make it easier for federal employees who suffered combat-related injuries to receive more disability compensation. The law firm Tully Rinckey said July 21 that William Barth wanted to receive Combat …
USERRA Case Heads for Supreme Court
It’s the nation’s promise to those who serve in the reserves and National Guard: In return for deploying overseas to serve their country, the companies they left behind will have the same jobs available when they get back. And, oh …
Lawmakers Call for VA Office of General Counsel to Better Serve Veterans
Chairman Harry Mitchell (D-AZ) conducted a hearing to evaluate the Office of General Counsel (OGC) at the Department of Veterans Affairs (VA). Today’s hearing marks the first Congressional oversight hearing on the OGC in more than three decades. The mission …
Albany Attorney to Make National Impact Before Congress
Tully Rinckey PLLC Founding partner, Mathew B. Tully will appear before the Subcommittee on Oversight and Investigations of the House Committee on Veterans’ Affairs. He has been invited by the Subcommittee to provide comment on the Veterans’ Affairs Office of …
Returning Troops Face New Fight for Jobs
As the Iraq and Afghanistan wars persist, some employers are becoming increasingly resistant to rehire service members who return from active duty as federal law requires, some legal analysts say. Washington lawyer Mathew Tully, who specializes in these cases, said …
Distinguished Attorney & Iraq War Veteran, Mathew B.Tully, to Testify Before Congress
FOR IMMEDIATE RELEASE Contact: Graig Cortelyou, Chief Marketing Officer gcortelyou@1888law4life.com (518) 640-1243 (Office) (518) 755-7413 (Cell) Tully Rinckey PLLC Founding Partner, Mathew B. Tully, will appear before the Subcommittee on Oversight and Investigations of the House Committee on Veterans’ Affairs …
Skeptics Say Child Custody Policy for Deployed Parents has no Legal Legs
“Jane” can cope with missing her son’s birthday and his first day of school while she’s deployed to Afghanistan. What keeps the divorced servicemember up nights in dangerous Helmand province is the prospect of calling home one day to discover …
McChrystal Fired as Top U.S. Commander in Afghanistan: Petraeus Tapped to Take Over
President Obama removed Gen. Stanley McChrystal on June 23 from his position as top war commander in Afghanistan following disparaging remarks the general made in a Rolling Stone article. In the article, headlined “The Runaway General,” McChrystal strongly criticized Obama, …
Possible Court-Martial for General McChrystal Due to Contemptuous Words Against President
FOR IMMEDIATE RELEASE Contact: Graig Cortelyou, Chief Marketing Officer gcortelyou@1888law4life.com (518) 640-1243 (Office) (518) 755-7413 (Cell) General Stanley McChrystal is facing possible court martial this morning by the Commander-in-Chief, President Barack Obama, due to his belittling remarks of many of …
MTA Layoffs: Bus drivers fighting in Iraq War get rude ‘Welcome Home’
Two city bus drivers who were sent to war in Iraq and Afghanistan are getting pink slips instead of yellow ribbons. Sgts. Alvin Taylor and Andy (Angel) Moreno, bus drivers called up to serve overseas, are set to lose their …
Driving Drunk With Pets in the Car
Tully Rinckey Managing Partner, Greg T. Rinckey, talks with YNN reporter about actor accused of driving drunk with pet in the car.
Greg T. Rinckey provides legal commentary on the sentencing of Joseph Bruno
Tully Rinckey Managing Partner, Greg T. Rinckey, provides legal commentary on the sentencing of Joseph Bruno.
Complaints, Suits on Rise
Federal law requires employers to rehire their workers in the National Guard or reserves who are called to active duty. But since the economy went sour two years ago, the numbers of complaints and lawsuits filed against employers for violations …
WBZZ’s “Ask the Lawyer” – Mathew Tully
Tully Rinckey Partner, Mathew B. Tully, appears in studio on WBZZ’s weekly “Ask the Lawyer” segment.
WGNA’s “Ask the Lawyer” – Mathew Tully
Tully Rinckey Partner, Mathew B. Tully, appears in studio on WGNA’s weekly “Ask the Lawyer” segment.
WBZZ’s “Ask the Lawyer” – Greg Rinckey
Tully Rinckey Founding Partner, Greg T. Rinckey, appears in studio on WBZZ’s weekly “Ask the Lawyer” segment.
WGNA’s “Ask the Lawyer” – Greg Rinckey
Tully Rinckey Founding Partner, Greg T. Rinckey, appears in studio on WGNA’s weekly “Ask the Lawyer” segment.
Reaction to Possible Repeal of ‘Don’t Ask, Don’t Tell’
For the first time, a sitting chairman of the joint chiefs of staff says allowing gays to openly serve in the military would be the right thing to do. Some we found in Albany agree that the time has come. …
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 …
WBZZ’s “Ask the Lawyer” – Greg Rinckey
Tully Rinckey Founding Partner, Greg T. Rinckey, appears in studio on WBZZ’s weekly “Ask the Lawyer” segment.
WGNA’s “Ask the Lawyer” – Greg Rinckey
Tully Rinckey Founding Partner, Greg T. Rinckey, appears in studio on WGNA’s weekly “Ask the Lawyer” segment.
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’ …
WGNA’s “Ask the Lawyer” – Mathew Tully
Founding Partner Mathew B. Tully appears in studio on WGNA’s weekly “Ask the Lawyer” segment.
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 …
Lawyer Offers Advice to Soldiers, Veterans
On this Veterans Day, attorney Mathew Tully, who survived the Sept. 11, 2001 terrorist attack at the World Trade Center and later served in Iraq, advises that vets and military members should know their rights, especially in the area of …
WGNA’s “Ask the Lawyer” – Mathew Tully
Founding Partner Mathew B. Tully appears in studio on WGNA’s weekly “Ask the Lawyer” segment.
Mathew Tully on WBZZ
Founding Partner Mathew B. Tully appears in studio on Mark Vanness in the Morning on Buzz 105.7.
Companies Help Veterans Adapt to Civilian Workplace
“In my first six months here,” recalled John Krouse, “I kept thinking, ‘What’s the structure? There’s no uniforms.’ ” In January 2009, after 24 years in the Navy, Krouse was beginning a new career at Intellicheck Mobilisa, a developer of …
Veterans are Entitled to More Than Just “Thank You”
The current wars have placed unanticipated burdens on the country’s National Guard and Reserve. Most Americans are no doubt thankful for their service. Sadly, though, many service members returning from war are coming home to find their jobs are not …
Unhappy Homecoming
Leaving a good job at J.P. Morgan to go sailing in the Persian Gulf was not part of James Townsend’s career plan, but the Navy Reserve had its own ideas. Mr. Townsend, a technology director and senior manager in corporate …
Greg Rinckey, Managing Partner at Tully Rinckey, Named a Super Lawyer
Greg Rinckey, Esq., managing partner of Tully Rinckey, PLLC, was recently named a Super Lawyer by New York Super Lawyers-Upstate Edition magazine. Super Lawyers is a listing of outstanding lawyers from more than 70 practice areas who have attained a …
Custody Battles Can Become a Rude ‘Welcome Home’ for Military Parents
When Staff Sgt. Jessica Tolbe returned from Iraq in February, she looked forward to catching up on lost time with her sons. But when she went to pick them up from her ex-husband, she was blocked from seeing them by …
OPM Urges Agencies to Review Age Limits for New Hires
The Office of Personnel Management has directed federal agencies to review age limits for job vacancies, after the Merit Systems Protection Board ruled such policies for new hires could violate the preferential rights of veterans. In a memo released on …
You Must Apply for Reemployment
Sergeant Major (SGM) Richard Erickson, ARNG, won an important partial victory in this recent case decided by the United States Court of Appeals for the Federal Circuit. He might well have won a complete victory if he had applied for …
From Labor Force to Fighting Force
Jeff Cantor, a lieutenant colonel in the Army Reserve, left for the war in Afghanistan last week and made the transition from pharmaceutical sales representative to soldier. The prospect of leaving his wife and two daughters was painful. But his …
Air Force Reserve Opts Not to Discipline Mark Sanford Over Marital Affair
The U.S. Air Force Reserve considered disciplinary measures against Gov. Mark Sanford over his extramarital affair but has decided to take no action, his command office told The Greenville News. Sanford serves as a captain in the Air Force Reserve. …
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 …
Sergeant Major Wins Round in USERRA Fight
An Army National Guard sergeant major who says he was fired from his job as a postal worker because of his military service has won a battle in federal court. In a July 15 decision, the U.S. Court of Appeals …
Mathew Tully on Talk 1300
Mathew B. Tully appears on Talk 1300 with the Albany Chamber of Commerce President Mark Eagan to discuss this year’s annual golf tournament.
Soldier suing after being stripped of Subway restaurant franchises
While serving in Afghanistan with the U.S. Army Reserve, Leon Batie Jr. dodged roadside bombs and scrambled to safety when rockets pierced the night sky. When he returned to Dallas in early 2006, another battle loomed. As Batie was returning …
WGNA’s “Ask the Lawyer” – Greg Rinckey
Tully Rinckey Managing Partner, Greg Rinckey, appears in studio on WGNA’s “Ask the Lawyer” segment.
Veteran Stigma: “What Does My Country Think of Me?”
As if to pour salt on the physical and psychological wounds of millions of America’s veterans, a recent trend has emerged in both public pronouncements and privately held attitudes that suggests that veterans returning from the ‘long wars’ in Iraq …
Mathew Tully on WGNA Radio
Founding Partner Mathew B. Tully discusses power of attorney, divorcing an absent spouse, and special rules for military members called to serve on WGNA’s Sean & Richie Show.
Military Service Strains Reservists, Their Employers Answering the Call
Russell Hogan enlisted in the Air Force Reserve as a high school senior in 1988. Four years later he went to work for United Parcel Service. Eleven years after that, the United States invaded Iraq. Hogan and hundreds of thousands …
The Fight To Fit Back In
Craig Lewis had been gone so long that when he walked into the front office of Fluvanna County High School, the secretary gave him a quizzical look. “Can I help you?” she asked. She studied him with a blank expression …
Military Ballot Process at Issue Schumer Holds Hearing on Expanding Service Members’ Voting Options
Mathew Tully, a major in the Army National Guard, was unable to vote in the presidential election last fall for the first time since he turned 18. He was on military duty in Washington, D.C., and the Schenectady County Board …
Manpower and Military Employments
A 12-year veteran of police work, Carole Moore has served in patrol, forensics, crime prevention and criminal investigations, and has extensive training in many law enforcement-related disciplines. She welcomes comments and column suggestions at carolemoore_biz@yahoo.com. Some departments find employing reservists …
Greg Rinckey on WGNA Radio
Albany attorney Greg T. Rinckey provides guidance on where to file for divorce, liability, and the importance of reviewing contracts on WGNA’s Sean & Richie Show.
When the Battle Doesn’t End
Modeled after diversion programs, veterans courts help defendants in nonviolent crimes avoid prison Brian Peck went from decorated soldier to disabled veteran to criminal defendant. As a New York Army National Guard specialist, he saw intense combat and wartime tragedy, …
Community to Welcome Marine Reservists Back From Iraq
A veteran has launched a military operation of sorts in the Capital Region — a welcome-home celebration for Marine reservists returning from the Iraq war. For the past month, Jim Friello of Niskayuna, a Marine veteran, has spearheaded plans for …
Court Rules for Reservist Who Was Denied His Old Job
When Air Force Sgt. Michael Serricchio returned from the Middle East, he was dismayed when his employer would not give him his old financial advisor’s job back, and instead offered a less lucrative position. So Serrichio sued under a federal …
Rinckey Featured on Federal Employment Law Panel
FOR IMMEDIATE RELEASE Contact: Graig Cortelyou, Chief Marketing Officer gcortelyou@1888law4life.com (518) 640-1243 (Office) (518) 755-7413 (Cell) Rinckey Featured on Federal Employment Law Panel March 26, 2009 – Washington, DC – On April 2, the Federal Circuit Bar Association’s Merit Systems …
Military Veteran Wins Damages, Reinstatement
A federal judge has awarded about $779,000 in back pay, damages and attorney fees to a financial adviser who was not restored to his previous pay at Wachovia Services L.L.C. after returning from active military duty. In a ruling last …
Former Reservist Wins $1 Million From Employer
In a case centering on a little-frequented corner of the employment rights of troops returning to civilian life, a federal judge has ruled that Wells Fargo must reinstate a former reservist to his job as a financial adviser and pay …
Wachovia Ordered to Pay $1M for Demoting Stamford Reservist
An Air Force reservist deployed after Sept. 11, 2001, is entitled to more than $1 million after Wachovia Securities violated federal law when it belatedly offered him a reduced version of his former job, a federal judge ruled late Thursday. …
Healing the Wounds of War
Schumer bill would ease eligibility for post-traumatic stress disorder treatment Federal legislation introduced Wednesday aims to make it easier for service members and veterans diagnosed with post-traumatic stress disorder to get treatment. Presently, any veteran who suffers PTSD through “combat …
Officer Calls Obama ‘Usurper,’ ‘Imposter’ President
Using words such as “imposter” and “usurper,” an active-duty Army officer in Iraq has joined a California lawyer’s lawsuit intended to force President Barack Obama to prove he is a legal U.S. citizen, and therefore able to legally serve as …
Workers Expect Changes Under Obama
It’s not a guarantee, but many are expecting to see a shift in policies when it comes to the workplace and employee rights under an Obama administration. President Obama wasn’t wowing anyone with his dance moves at the inaugural balls, …
Local Attorney Questions Gitmo Trial Delay
The Associated Press is reporting Obama would like to close the detention center at Guantanamo Bay in Cuba within a year. In the meantime he’s putting a stop to any of the trials going on there. Lawyer Greg Rinckey of …
Sailor: Tea, Not Drugs, Made Me Pop Positive
They weren’t really doing lines of cocaine — they were just drinking some herbal tea. That’s what Air Traffic Controllers 2nd Class Javier Trevino and Sean Lee claimed after both popped positive for cocaine during random drug tests last summer. …
Local Lawyer Cleared for Guantanamo Work
Attorney Greg Rinckey, a former JAG officer, is among a small group of lawyers who have been approved to serve as civilian defense counsel to detainees at Guantanamo Bay. The recognition by the Department of Defense — only about 20 …
Greg Rinckey on WGY Radio
Retired JAG officer and military defense attorney Greg T. Rinckey is one of a small group of lawyers chosen to represent detainees of Guantanamo Bay.
Herbal Tea Jeopardizes Sailor’s Future
Air-traffic controller fails drug test, convicted in court-martial Navy Petty Officer 2nd Class Javier Trevino blames herbal tea for his court-martial conviction. There’s nothing like a nice cup of tea to relax, Navy Petty Officer 2nd Class Javier Trevino used …
Another Tearful War Farewell
Military calls former Albany man for third tour of duty in five years War again came for Staff Sgt. Brendan Kearns on Thursday, and for the third time in just more than five years, he and his family responded. Kearns, …
Albany Law Adding Classes on the Business of Being a Lawyer
Nathan Sabourin, like most law school students, spent his time at Albany Law School focused on one goal: passing the bar exam. Now, three months into a job at the Albany law firm Couch White LLP, the 30-year-old Sabourin realizes …
Greg Rinckey Reacts to Acquittal of National Guardsman
Military Attorney Greg T. Rinckey reacts to acquittal of National Guardsman in court martial murder trial.
January 2009 Editon of the Albany County Bar Newsletter
Mathew B. Tully and Greg T. Rinckey have been selected to instruct the newly developed Law Practice Management course at Albany Law School. This is the first time that Albany Law School will have a course focused on the business …
Fighting War and for Custody
Army Sgt. Stephanie Greer was serving with a vehicle-maintenance unit in the volatile Iraqi city of Ramadi, part of President Bush’s “surge” strategy to stabilize the country, when she learned of a far-off and most unexpected battle: Her estranged husband …
Tully Rinckey PLLC & Albany Family Court Children’s Center
For the second year in a row, Capital Region law firm Tully Rinckey PLLC has joined Albany County Family Court in ensuring a merry Christmas for local families through participation in the Court’s eighth annual Adopt-a-Family program. The program is …
Analysts: ‘Fragging’ Verdict Shows System Works
A soldier’s exoneration in the bombing deaths of two superiors in Iraq shows military juries are not just “rubber stamps” for commanders and can be independent thinkers, legal analysts said Friday. A Fort Bragg jury on Thursday found New York …
Widows of Fragging Victims Said They Had Refused to Consider a Plea Deal
The widows of two Army officers slain in Iraq three years ago said they had refused to consider a plea deal for the soldier accused of killing their husbands because they wanted the truth to come out. That man, Staff …
Analysists: ‘Fragging’ Verdict Shows System Works
Legal experts say a military jury’s acquittal of a New York Army National Guard sergeant accused of killing superiors shows the military justice system works. A Fort Bragg jury acquitted Staff Sgt. Alberto Martinez on Thursday of two counts of …
Families Wonder if Slain Soldiers Would Have Lived if Threats Had Been Reported
As the jury deliberates whether Staff Sgt. Alberto Martinez is guilty of murdering two superior officers in Iraq, their families wonder if their loved ones would have lived if alert soldiers had voiced their misgivings about the accused. Witness after …
Martinez Not Guilty
It’s one of the first fragging cases of the Iraq War. Staff Sgt. Alberto Martinez of Troy, and member of the 42nd Infantry Division, stood trial for the murder of two Superiors: Captain Phillip Espisito of Suffern and Lt. Louis …
Greg Rinckey Reacts to Acquittal of National Guardsman
Military Attorney Greg T. Rinckey reacts to acquittal of National Guardsman in court martial murder trial.
Closing Arguments in Martinez Case
The prosecuting attorney arguing the case in the trial of Staff Sergeant Alberto Martinez says witness testimony proves the soldier’s guilt. The Troy-area soldier is accused of killing his two superior officers in Iraq by detonating a mine in their …
Business Side of Law Focus of New Albany Law Course
Tully Rinckey PLLC is pleased to announce that founding partner Mathew B. Tully, Esq. and managing partner Greg T. Rinckey, Esq. have been selected to instruct the newly developed Law Practice Management course at Albany Law School. This is the …
Greg Rinckey on WGY Radio
Greg T. Rinckey discusses USERRA and veteran employment rights with Al Roney of WGY on Veterans’ Day.
Area Veteran Suing Car Dealer
A Sarasota man is suing an area car dealer, claiming it violated his employment rights as a veteran employee. Army Sgt. Andrew Mobley, 30, says Gettel Automotive Group, with dealerships in Bradenton and Sarasota, discriminated against him and fired him …
Tully Rinckey PLLC Named One of the Best Places to Work
Tully Rinckey PLLC has been named one of the “Best Places to Work in the Capital Region” by The Business Review for 2008. This is the third time since 2005 that the law firm has been honored with this achievement. …
Officer Widows Testify in Murder Trial of First Soldier in Iraq Accused of Killing Superiors
The widows of two military officers killed by an anti-personnel mine in their quarters in Iraq testified briefly Thursday in the court-martial of the New York National Guard soldier charged in their deaths. Staff Sgt. Alberto B. Martinez, 41, of …
Court-martial Begins in Suffern Army Captain’s Slaying
Staff Sgt. Alberto Martinez was conducting a “personal war within a war” when he planned and executed the murders of his two superior officers in Iraq in 2005, the prosecution said in opening statements in Martinez’s death penalty court-martial. Capt. …
Fort Bragg Trial to Start in ‘Fragging’ Case
The court martial of the first soldier accused of killing a direct superior in Iraq — known as “fragging” during the Vietnam War — opens Wednesday, three years after a suspicious blast tore through the living quarters of two National …
Sergeant’s Trial Starts Tuesday
National Guardsman Alberto Martinez could face death penalty if convicted in killing of 2 officers The next U.S president could decide the fate of Staff Sgt. Alberto Martinez of Schaghticoke. The 40-year-old National Guardsman from Rensselaer County will go on …
Murder Trial of Iraq “Fragging” Incident Begins on Tuesday in Fort Bragg
FOR IMMEDIATE RELEASE Contact: Graig Cortelyou, Chief Marketing Officer gcortelyou@1888law4life.com (518) 640-1243 (Office) (518) 755-7413 (Cell) Murder Trial of Iraq “Fragging” Incident Begins on Tuesday in Fort Bragg What: The murder trial of the National Guardsman accused of what the …
On the bright side: Tully Rinckey donates $1,000 for children
Tully Rinckey donated $1,000 in support of the 2008 Greater Capital District Ride for Missing Children. The event honors the memory of missing children and aims to increase public awareness of the plight of all missing and exploited children and …
Tully Rinckey PLLC Donates $1000 to National Center for Missing & Exploited Children
Tully Rinckey PLLC is pleased to announce its donation of $1000 in support of the 2008 Greater Capital District Ride for Missing Children. The event honors the memory of missing children and aims to increase public awareness of the plight …
Tully Rinckey PLLC Donates $1000 to National Center for Missing & Exploited Children
FOR IMMEDIATE RELEASE Contact: Graig Cortelyou, Chief Marketing Officer gcortelyou@1888law4life.com (518) 640-1243 (Office) (518) 755-7413 (Cell) Tully Rinckey PLLC Donates $1000 to National Center for Missing & Exploited Children September 22, 2008 – Albany, NY – Tully Rinckey PLLC is …
Tully Rinckey PLLC Ranks Among Top 10 Law Firms in the Capital Region
Tully Rinckey PLLC was recently named one of the Top 10 largest law firms in the Capital Region of New York State by The Business Review. The firm ranked eighth among 50 other law firms within the area. Tully Rinckey …
Conflict Overseas, Conflict at Work
The motto “one weekend a month, two weeks a year” used to be a powerful marketing tool for the U.S. Army National Guard, but Sept. 11, 2001 changed all that. As of January 2008, the total number of National Guard …
Injured Veteran Experiences Discrimination While Working on Army Base
FOR IMMEDIATE RELEASE Contact: Graig Cortelyou, Chief Marketing Officer gcortelyou@1888law4life.com (518) 640-1243 (Office) (518) 755-7413 (Cell) Injured Veteran Experiences Discrimination While Working on Army Base – Major Boston Real Estate Company Sued for Violating Rights of Veteran Employee July 23, …
Ruling Expands Veterans’ Access to Federal Jobs
A recent decision from the Merit Systems Protection Board could open hundreds of law enforcement and other jobs to veterans who previously bumped up against age restrictions during the application process. MSPB ruled on July 2 that the State Department …
US State Department Discriminates Against Yet Another Military Veteran
FOR IMMEDIATE RELEASE Contact: Graig Cortelyou, Chief Marketing Officer gcortelyou@1888law4life.com (518) 640-1243 (Office) (518) 755-7413 (Cell) US State Department Discriminates Against Yet Another Military Veteran July 11, 2008 – Washington, DC – For the third time in about a year, …
Albany Attorney Takes on the Federal Government and Wins Again
FOR IMMEDIATE RELEASE Contact: Graig Cortelyou, Chief Marketing Officer gcortelyou@1888law4life.com (518) 640-1243 (Office) (518) 755-7413 (Cell) Albany Attorney Takes on the Federal Government and Wins Again July 11, 2008 – Albany, NY – A landmark decision against the United States …
Landmark Case Helps Millions of Veterans Get Federal Jobs
FOR IMMEDIATE RELEASE Contact: Graig Cortelyou, Chief Marketing Officer gcortelyou@1888law4life.com (518) 640-1243 (Office) (518) 755-7413 (Cell) Landmark Case Helps Millions of Veterans Get Federal Jobs July 11, 2008 – Washington, DC – A landmark case was recently won against the …
Independence Day Show: The Laws of War
In honor of the July 4th holiday, we thought it would be appropriate to do a show discussing the laws surrounding war. The way war is fought today is very different than how it was fought during the American Revolution, …
Legal Ethics: Do Attorneys Have the Right of Free Speech?
During the show tonight, the area of attorney advertising was discussed and what lawyers are allowed to say and what constitutes as advertising for themselves and for their firm. For me, the real question is whether lawyers can ever truly …
EEO Rulings to Get Tougher, Quicker
The Equal Employment Opportunity Commission last week proposed allowing agencies to experiment with newer, quicker ways of processing equal employment opportunity complaints. “Often agencies are in a good position to tell us what works best for them,” said Equal Employment …
A Rocky Start for Veterans Project
Vietnam returnees say part of “early intervention” message demeaning A Saratoga County project that would anticipate legal difficulties of troubled returning military members started badly after some veterans questioned its function and called part of its message demeaning. Other veterans, …
Letter to the Editor: Incorrect
I recently read an article incorrectly titled “Employers Could Be Indicted for Servicemen Discrimination.” An employer will never be indicted for violating the Uniformed Services Employment and Reemployment Rights Act, or USERRA. In order to be indicted, a formal accusation …
Letter About Vets Draws Apology
Saratoga County’s top defender and prosecutor are working on a project aimed at helping returning war veterans, but a message about the effort has offended some people in the community. Public Defender John Ciulla and District Attorney James Murphy III …
Tully Rinckey PLLC Celebrates New Office at Ribbon-Cutting Ceremony
FOR IMMEDIATE RELEASE Contact: Graig Cortelyou, Chief Marketing Officer gcortelyou@1888law4life.com (518) 640-1243 (Office) (518) 755-7413 (Cell) Tully Rinckey PLLC Celebrates New Office at Ribbon-Cutting Ceremony – Nearly $4,000 Raised For Schenectady County SPCA From left to right: Town of Colonie …
Veterans Fighting for Their Jobs Can Get Lost in Paperwork
Robert Traut works on Alaska’s Kodiak Island, known for big bears and a remoteness that can be reached only by airplane or ferry from his home and family 300 miles away. And that’s a positive development. Traut has the frustrating …
Wal-Mart Sued After Store Refuses to Honor Employment Rights of Air Force Veteran
FOR IMMEDIATE RELEASE Contact: Graig Cortelyou, Chief Marketing Officer gcortelyou@1888law4life.com (518) 640-1243 (Office) (518) 755-7413 (Cell) Wal-Mart Sued After Store Refuses to Honor Employment Rights of Air Force Veteran What: The Department of Justice has sued Wal-Mart Stores Inc. on …
EEOC Provides Practical Information for Employers and Severely Injured Veterans
FOR IMMEDIATE RELEASE Contact: Graig Cortelyou, Chief Marketing Officer gcortelyou@1888law4life.com (518) 640-1243 (Office) (518) 755-7413 (Cell) EEOC Provides Practical Information for Employers and Severely Injured Veterans March 5, 2008 – Albany, NY – The U.S. Equal Employment Opportunity Commission (EEOC) …
Soldier Loses Custody of Child After Iraq Tour
Advocates for military families say a growing number of soldiers are losing custody of their children, not because they’re bad parents but because they’ve been deployed overseas to Iraq and Afghanistan. A bill signed by President Bush last month strengthens …
House Committee on Veterans’ Affairs Holds Hearing on Veterans’ Rights Issues
FOR IMMEDIATE RELEASE Contact: Graig Cortelyou, Chief Marketing Officer gcortelyou@1888law4life.com (518) 640-1243 (Office) (518) 755-7413 (Cell) House Committee on Veterans’ Affairs Holds Hearing on Veterans’ Rights Issues - Well-Known Litigation Attorney to Provide Testimony February 7, 2008 – Washington, DC …
Returning Troops Still Face USERRA Violations
As a federal correctional officer for the DOJ in Washington, D.C., Mathew Tully took pride in protecting the public from convicted felons. But in October 1995—only two months into his job—Tully, a member of the National Guard, was called to …
Defense Bill Recognizes Custodial Rights of Military Parents
FOR IMMEDIATE RELEASE Contact: Graig Cortelyou, Chief Marketing Officer gcortelyou@1888law4life.com (518) 640-1243 (Office) (518) 755-7413 (Cell) Defense Bill Recognizes Custodial Rights of Military Parents January 31, 2008 – Washington, DC – A bill signed into effect this week by President …
Her Toughest Battle
Tanya Towne says she lost everything in Iraq, starting with physical custody of her first child. Before Towne’s 2004 deployment, a Montgomery County Family Court judge gave her son, Derrell Diffin, to her first husband because she was being sent …
Soldier Returns Home to Custody Battle
Tanya Towne couldn’t wait to finish her mission in Iraq to return to her mission back home as mom to two young sons. While she was deployed, her youngest lived with his father, Towne’s husband at the time. Custody of …
Lawyers Volunteer to Help Military Families Cope
As it has after every military action since the Gulf War, the Association’s Lawyer Referral and Information Service is deploying to help military families untangle the legal maze that can be their personal affairs, upon the return stateside of their …
Court Decision May Imperil Servicemembers’ Custody Rights
A Jan. 3 ruling by the Appellate Division of the New York State Supreme Court in a child custody case could have a wide-ranging impact, undermining the rights of parents enlisted in the reserves. In the case, Diffin v. Towne, …
Local Mother Who Served in Iraq Says She Will Fight for Custody of Her Son
An Iraq war veteran said Monday she will continue to fight for her son after losing an appeal for his custody last week. The Appellate Division of the state Supreme Court ruled against Canajoharie resident Tanya Towne in her appeal …
Court Decision Strips Iraq Veteran of Child Custody
FOR IMMEDIATE RELEASE Contact: Graig Cortelyou, Chief Marketing Officer gcortelyou@1888law4life.com (518) 640-1243 (Office) (518) 755-7413 (Cell) Court Decision Strips Iraq Veteran of Child Custody January 4, 2008 – Albany, NY – On January 3, the Appellate Division of the New …
Albany Family Court Children’s Center & Tully Rinckey, PLLC Offer Families the Chance for a Christmas Celebration
FOR IMMEDIATE RELEASE Contact: Graig Cortelyou, Chief Marketing Officer gcortelyou@1888law4life.com (518) 640-1243 (Office) (518) 755-7413 (Cell) Albany Family Court Children’s Center & Tully Rinckey, PLLC Offer Families the Chance for a Christmas Celebration December 20, 2007 – Albany, NY – …
Iraq Vet Has Full Supply of Grit
In 2004, the Army Reserve captain left her executive assistant job at the hotel and conference center to volunteer for overseas duty as a supply route coordinator. Now, three years later, she has returned home to Latham to replace her …
Tully Law Firm Adds Office in D.C.
An Albany law firm will be adding offices in Washington, D.C. early next year, buoyed by a recent contract with the largest union of federal employees in the country. Tully Rinckey & Associates PLLC plans to open a Washington office …
Tully Rinckey, PLLC named one of the Best Places to Work
FOR IMMEDIATE RELEASE Contact: Graig Cortelyou, Chief Marketing Officer gcortelyou@1888law4life.com (518) 640-1243 (Office) (518) 755-7413 (Cell) Tully Rinckey, PLLC named one of the Best Places to Work - Award Marks Second Achievement as a Leading Capital Region Employer in Three …
Union, Law Firm Partner to Pursue Reservists’ Benefit Claims
The American Federation of Government Employees has teamed up with a New York law firm to help federal employee reservists collect thousands of dollars in back pay. The union and Tully, Rinckey & Associates will co-represent about 10,000 AFGE members …
AFGE Partners With Law Firm on Butterbaugh Claims
The American Federation of Government Employees (AFGE) has partnered with a New York law firm to collect compensation for thousands of government-employed military reservists who were improperly charged for taking military leave. Tully, Rinckey & Associates, of Albany, N.Y., will …
Union, Law Firm Partner to Pursue Reservists’ Benefit Claims
The American Federation of Government Employees has teamed up with a New York law firm to help federal employee reservists collect thousands of dollars in back pay. The union and Tully, Rinckey & Associates will co-represent about 10,000 AFGE members …
Agencies Split Watch Over Reservist Job Rights
As more federally employed reservists return to their jobs from military duty in Iraq and Afghanistan, there are sure to be more grievances over missed promotions, firings, layoffs and reassignments. And for at least another year, there will not be …
Capital Region Attorney Signed as Nationally Syndicated Columnist
FOR IMMEDIATE RELEASE Contact: Graig Cortelyou, Chief Marketing Officer gcortelyou@1888law4life.com (518) 640-1243 (Office) (518) 755-7413 (Cell) Capital Region Attorney Signed as Nationally Syndicated Columnist October 9, 2007– Albany, NY – Greg T. Rinckey, the Managing Partner of Tully Rinckey PLLC …
MSPB Protects Veterans’ Employment Rights
FOR IMMEDIATE RELEASE Contact: Graig Cortelyou, Chief Marketing Officer gcortelyou@1888law4life.com (518) 640-1243 (Office) (518) 755-7413 (Cell) MSPB Protects Veterans’ Employment Rights September 11, 2007 – Albany, NY –The Merit Systems Protection Board recently issued a decision which forced the Department …
Court Says When in Doubt, Give Veterans the Benefit
When in doubt, tilt toward the veteran. That’s what the U.S. Court of Appeals for the Federal Circuit has suggested to government agencies in two cases involving federal employees who had served in the military reserves and petitioned for back …
Court Opens Door to Pre-USERRA Compensation Claims
The U.S. Court of Appeals for the Federal Circuit last week handed down a decision that may mean money for hundreds of thousands of current and former military reservists who served between 1980 and 2000. In the case—Hernandez v. Department …
Daily Debrief on Federal News Radio AM 1500
Tully Rinckey Partner Mathew B. Tully appears on Federal News Radio to discuss Hernandez v. Department of Justice victory.
Reserve Returns
If you are an active or retired federal employee who took military leave for reserve activities, you may be entitled to annual leave or thousands of dollars in back pay. In a major decision issued Tuesday, the U.S. Court of …
Decision May Cost Government $1 Billion
FOR IMMEDIATE RELEASE Contact: Graig Cortelyou, Chief Marketing Officer gcortelyou@1888law4life.com (518) 640-1243 (Office) (518) 755-7413 (Cell) Decision May Cost Government $1 Billion August 29, 2007 – Albany, New York – On August 27, the Court of Appeals for the Federal …
Reservist Leave Ruling Favors Civil Servants
An estimated 100,000 to 300,000 current and former reservists employed as federal government civilians may be able to recoup money for leave days that were improperly charged to them dating back to 1980. The Federal Circuit Court of Appeals ruled …
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 …
Five Questions – Greg Rinckey
Greg T. Rinckey, 33, is a lawyer from Delmar who works with the firm Tully, Rinckey & Associates. He served with the U.S. Army’s Judge Advocate General Corps until 2004. He is speaking out against the possibility he may be …
JAG Lawyer Wants Army to Leave Him Alone
One Albany attorney says he thought his days as a JAG lawyer were behind him. Now, there’s word that the United States Army could be calling him and thousands of others back to duty. Greg Rinckey works in his Albany …
Rinckey Named to Appellate Division’s Prestigious Character and Fitness Committee
FOR IMMEDIATE RELEASE Contact: Graig Cortelyou, Chief Marketing Officer gcortelyou@1888law4life.com (518) 640-1243 (Office) (518) 755-7413 (Cell) Rinckey Named to Appellate Division’s Prestigious Character and Fitness Committee July 5, 2007 – Albany, New York – Greg T. Rinckey, Managing Partner in …
Before Calling an Attorney, Discuss USERRA Violations With Employer
I work for a company that employs 23 people. I was deployed for 18 months. I feel my employer has violated USERRA. Should I hire a local attorney? I don’t recommend hiring an attorney except in cases of the most …
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 …
USERRA Offers Invaluable Protection for Reservists
With the deployment of hundreds of thousands of National Guard and reserve members in the past few years — and with more than 81,000 mobilized today — the Uniformed Services Employment and Reemployment Rights Act is a very important issue …
Seward Shows Support for Vets
I am writing as a service-connected disabled veteran of the Iraqi war to thank Sen. James Seward for his support of veterans’ issues in the New York State Legislature. Seeing that we just celebrated Memorial Day, I would point out …
MSPB Has Jurisdiction Over Claim Alleging USPS Improperly Charged Leave, Board Says
A U.S. Postal Service employee and National Guard member who alleged that USPS improperly charged him military leave for non-workdays during periods of service beginning in January 1980 can file a claim under the Uniformed Services Employment and Reemployment Rights …
Postal Service Reservists Eligible for Back Pay
As many as 100,000 military reservists who worked at the U.S. Postal Service between 1980 and 2000 could be eligible for thousands of dollars in compensation because they were improperly charged for their military leave, under a new ruling. The …
Albany Law Firm Tully Rinckey Opens Second Location
Albany, N.Y., law firm Tully Rinckey & Associates PLLC is opening a second law office at 427 New Karner Rd. The four-year old firm currently has offices at 3 Wembley Court. The new offices will house 12 people working in …
Law Offers Protection
Victor Mederos of Shirley worked as a driver for the same trucking company for 20 years before he went to Iraq. When he returned, Quality King Trucking allowed him to go to regular counseling sessions. But eight months after he …
Vet Rights Strengthened in Fed Job Disputes
A federal appeals court ruling could make it easier for federal employees to pursue cases against the government alleging job discrimination based on their military service. Any veteran who requests a hearing from the Merit Systems Protection Board has a …
Vets Winning Job Suits: New Rulings Empower Vets Seeking Jobs, Promotions
William Jolley wouldn’t strike most as the rebellious type: Ten years enlisted in the Air Force in the 1950s, then a long career in federal civil service culminating with his current job as a GS-15 overseeing policy and programs at …
Court Orders Hearings for Veterans on Employment Complaints
A recent federal appeals court ruling held that veterans who allege discrimination in government employment because of their military service are legally entitled to a hearing. In Kirkendall v. Department of the Army, the Federal Circuit Court of Appeals ruled …
Reserve Troops’ Job Woes Increase
The annual number of reservists and National Guard members who say they have been reassigned, lost benefits or been fired from civilian jobs after returning from duty has increased by about 30% since 2002. The sharp spike in complaints brought …
VA Data Breach Widens
Area veterans, active-duty military, National Guard and Reserve members may be at risk for identity theft, Veterans Affairs Secretary Jim Nicholson announced in a media release Tuesday. About 2.2 million personnel may be at risk because they were among the …
Ruling Allows Reservists to Petition for Back Pay
The “Butterbaugh” saga continues. A federal board has ruled that a new cohort of National Guard and military reservists may petition for back pay because of improperly charged military leave. A recent ruling by the Merit Systems Protection Board, an …
Federal Employee Reservists Eligible for Back Pay Dating to 1980
Federal employees who served in the military reserves may now be eligible to be compensated for wrongly charged military leave dating as far back as 1980, because of a recent ruling from the Merit Systems Protection Board. Government workers are …
Attorneys Urging Reservists to File Back-pay Claims
Although efforts by a federal reservist to collect back pay from his civilian agency for time spent in uniform have hit a snag, the 100,000 federal reservists eligible for compensation under a previous court ruling should “file now and don’t …
New Paltz Soldier Demoted for Writings
A local veteran of the Iraq War has been fined and demoted by the U.S. Army for posting writings about his military experience on his personal Web log. Jason C. Hartley, 32, of New Paltz, says he was on the …
Ruling on Back Pay for Federally Employed Reservists Faces Challenge
The Agriculture Department has decided to appeal a court ruling that could make federal employees who served in the military reserves eligible to receive compensation for wrongly charged leave as far back as the 1980s. Administrative Judge Philip Reed of …
Some Reservists to Get Back Pay
Reservists who worked for the federal government between 1980 and 2000 could have thousands of dollars coming to them, thanks to a court decision that awards back pay for weekends and vacations spent working for the Pentagon. The Nov. 18 …
Law Firm Recognized for its Women Attorneys
One of the region’s fastest growing law firms, Tully Rinckey PLLC, has been recognized by the Business Review as one of the top employers of Women attorneys as a percentage According to the 2004 National Association for Law Placement survey, …
Reservist Compensated for Improperly Charged Leave
The Merit Systems Protection Board (MSPB) made a landmark ruling in that as many as 100,000 current and former federal employees, who served in the military reserves from 1994 through 2000, are entitled to receive compensation for which they were …
Reservists Win Ruling on Use of Leave
Federal workers who served in the military reserves between 1994 and 2000 may be eligible for retroactive compensation because of a July 15 ruling by the Merit Systems Protection Board. A group of employees filed a claim with MSPB, alleging …
Talk Amongst Yourselves…
The federal Bureau of Prisons is holding 119 persons with “specific ties” to international Islamist terrorist groups, yet has no full-time Arabic translators or a system to monitor their communications, The Washington Times has learned. A congressional aide said Bureau …
Greg Rinckey’s New York Supreme Court Appeal Victory
Appeal from an order of the Family Court of Warren County (Breen, J.), entered October 6, 2003, which, inter alia, granted petitioner’s application, in a proceeding pursuant to Family Ct Act article 4, to find respondent in willful violation of …
