Law and Daily Life

Faulty Reasoning in NY: No Divorce Over Ignoring You

2009-11-24T17:11:39Z

Here is another reason why us New Yorkers are tough cookies: we always need a reason (even if its faulty reasoning), even when it comes to divorce. It has to be a divorce over something.

New York State is the only state in the country that has not adopted a unilateral no-fault divorce statute. As a result of this, there are six grounds of divorce in New York. The six grounds of divorce are:

1. The cruel and inhuman treatment of plaintiff spouse by the defendant spouse.

2. The abandonment of the plaintiff spouse by the defendant spouse for a period of one or more years.

Actual abandonment means that one of the spouses physically left the marital home for unjustifiable reasons.

Constructive abandonment is the unjustified refusal to engage in sexual relations with the other spouse.

3. The confinement of the defendant spouse in prison for a period of three or more consecutive years after the marriage of plaintiff spouse and defendant spouse.

4. Adultery

5. The husband and wife have lived apart pursuant to a decree or judgment of separation for a period of one or more years.

6. The husband and wife have lived separate and apart pursuant to a written agreement of separation. This agreement must be filed with the county clerk's office.

New Rule on Grounds of Divorce Based on Abandonment

An NY Appellate Court has ruled that social abandonment may not be construed as constructive abandonment.

We wrote about the decision in detail in our post in Findlaw's Decided.

What Does This Mean for New Yorkers?

This means that New Yorkers will need a better reason to get a divorce in New York State. If your spouse is ignoring you, it just isn't enough. You need to show that your spouse won't sleep with you in order to show constructive abandonment.

Related Resources:

Court in NY Rules That Ignoring Is Not Abandonment (FindLaw's Decided)
New York Legal Requirements for Divorce (Findlaw)
Filing and Serving the Divorce/Dissolution Petition (Findlaw)
Divorce: New York's Separation from the Rest (Findlaw's Law and Daily Life)
Divorce FAQs (provided by Monique Gilson-Moreau)
Questions to Ask During Divorce (provided by Colwell, Colwell & Petroccione, LLP)

Mediation of Jon and Kate: Kate to Get Custody of the 8

2009-11-23T22:05:43Z

For those of you who loved watching the TLC reality show Jon and Kate Plus 8, we have some very sad news. Tonight is the series finale of the show. That's right, there will be no more new Jon and Kate dramas to be seen... on that television show, at least.

CBS reports that Jon Gosselin had brought a dozen red roses to a meeting that he had with his soon to be ex-wife Kate Gosselin.

However, as you know from our previous posts, this was not a reconciliation. From their very open arguments over breaches of contracts with TLC, to rumors of affairs on both sides, it is clear that the couple is calling it quits. The meeting was actually a mediation in order for the couple to decide on important matters such as figuring out the fate of their eight children, alimony, and other issues from their impending divorce.

According to CBS, the couple decided that Kate will have primary custody of their eight children, the house, and they have both agreed to forgo alimony. However, despite such a new Jon and Kate agreement, both sides should remember that just because they agree to forgo alimony now, does not mean that a spouse can't come back from the past and demand it later as we wrote about here.

In spite of all of the dramas, CBS quotes Jon as saying, "I don't hate Kate." Is the feeling mutual? Well that remains murky. Kate said, "I'm tired of smiling on the outside when I'm crying on the inside," during the announcement episode.

Even though the mediation of some of the couple's issues took place, they still need an arbiter to decide how the infamous reality couple will divide up their assets. CBS Legal analyst Lisa Bloom told CBS that she expected an equal division of assets based on PA law: "Well, the law in Pennsylvania is equitable distribution, which simply means that all of the property accrued during the marriage gets divided up equally. Roughly a 50/50 split. That's what we expect here."

The Gosselins are expected to find out how assets will be divided in approximately 30 days.

Related Resources:

Jon and Kate No More: Would an Affair Affect Divorce? (Findlaw's Law and Daily Life)
Jon & Kate Plus Alimony Lessons (Findlaw's Law and Daily Life)
TLC v. Jon Gosselin: The Breach of Contract Allegation (Findlaw's Law and Daily Life)

Work Email and Privacy: Rules of the Road and Tips

2009-11-23T20:05:59Z

Most workers know they need to be careful because their bosses could be watching what they are writing on those personal emails that they send out from the office. Though a recent Wall Street Journal article details how companies are facing some increased difficulty from courts over unannounced monitoring of employee's private communications, employees should still assume that their employer can and likely is keeping tabs on what happens through their work computer.

According to the Wall Street Journal, a 2009 study done by the Ponemon Institute showed that 52% of the workers surveyed admitted that they access personal email at work. This statistic shows how unaware workers are about company access to computers.

Did you know that a company can access personal email accounts if they are used on workplace computers? Employers can access all kinds of data that are stored on company issued computers and smart phones.

The Wall Street Journal reports: "Employees often assume their communications on personal email accounts should stay private even if they are using work-issued computers or smart phones. But in most instances when using a work device, emails of all kinds are captured on a server and can be retrieved by an employer." This type of thinking can lead to trouble because in this case, ignorance is not bliss. It can actually lead you to a lot of trouble with your employer.

The article details two cases with employees challenging their employers having accessed their personal email accounts. While both employees ultimately prevailed over their employers on this issue, one court decision actually detailed how employers need to disseminate information about email privacy expectations. The Journal quoted the opinion as saying that the employer offered "little to suggest that an employee would not retain an expectation of privacy in such [personal] emails." While this may be comforting, why take chances?

Here are some tips to stay safe and private with your own emails:

Make sure to read your company's online policy.
If you don't remember what your company's online policies are, just ask HR for a copy of the policies. You probably were informed of these policies when you signed all of the paperwork in order to start your employment.
If you're tempted to check personal emails at work...DON'T! You are better off checking your personal accounts at home.
Don't ever use a personal email account for work related information. It is always better to use the work email account you were given.
Always remember that even if courts are softening their stance on email privacy...it's regarding personal email accounts, not work issued email ones.

For more information, please visit our Related Resources links.

Related Resources:

Email Privacy (Findlaw)
Email Security Policy: Why You Need One for Your Employees (Findlaw)
Privacy in the Workplace: Overview (Findlaw)
Employment Law Overview (provided by Bell & Bands PLLC)
Employment Law FAQ (provided by Stearns & Coppins, PLLC)

Does a Successful Career Hurt Moms in Custody Wars?

2009-11-23T16:50:38Z

A new shift in how custody wars play out in court is occurring. Working Mother writes about how a trend with stay at home fathers coupled with working mothers has caused courts to grant primary custody to the fathers instead of the mothers. This has been primarily because of many mothers have a successful career.

Men have been affected by layoffs more than women during this recession. This means that more dads are staying at home with the kids. In fact, it was men who lost 74% of the 6.4 million jobs that have been lost during this recession.

In the meantime, moms who have a successful career are not seen favorably in family court: "A mother's career can be a liability in custody battles," says Laura Allison Wasser, a Los Angeles-based lawyer quoted by Working Mother. In fact, men who request sole custody of the children during a contested case prevail 50% of the time.

How Is Custody Typically Awarded?

What are the child's "best interests"?

In the context of child custody cases, focusing on the child's "best interest" means that all custody and visitation discussions and decisions are made with the ultimate goal of fostering and encouraging the child's happiness, security, mental health, and emotional development into young adulthood.

Who is the child's "primary caretaker"?

When determining which parent has been the primary caretaker of a child for purposes of a custody decision, family courts focus on direct care-taking responsibilities such as bathing, grooming, dressing, meal planning, laundry, etc.

What are the child's preferences?

The wishes of a child can be an important factor in deciding custody. The weight a court gives the child's wishes will depend on the child's age, maturity, and quality of reasons.

What are the religious backgrounds of both parents?

Courts must assess if there is actual or substantial harm in the practice of each spouse's religion. The court may restrict a parent's First Amendment or parenting rights if that parent's religious practices might harm the child in the future.

What are both parents' non marital sexual relationships?

In most states, affairs or nonmarital sexual relations are not supposed to be a factor in deciding custody unless it can be shown that the relationship has harmed the child or is likely to harm the child in the future.

For more information on child custody, please visit our Related Resources links below.

Related Resources:

Who Will Get Custody and Visitation Rights? (Findlaw)
Custody Considerations: Step-By-Step (Findlaw)
Custody and Visitation in Non-Divorce Cases (Findlaw)
Custody and Visitation (provided by Gerard J. Pisanelli)
Divorce FAQ (provided by Law Office of Chris Schmiedeke, PC)

Santa's Wish List: Swine Flu Vaccine Priority

2009-11-20T20:15:02Z

It turns out, Santa really needs to get off that toy bench and get to the gym. Doctors warn that obesity is a risk factor for a severe case of the swine flu. And who is exposed to more germs than Santa? That is why the Amalgamated Order of Real Bearded Santas (yes Virginia, such a group exists, here is the site: http://www.aorbsinc.com/) and the group Santa America, are pushing for our beloved mall Santa to be given priority for receiving his H1N1 vaccine.

The Santa America folks even went as far as asking Alabama Representative Jo Bonner (R) to designate Santas as a priority group, like doctors or caregivers of young children, for the vaccine. Bonner's staff confirmed they are looking into it. After all, who wants to get on Santa's bad side?

Other than making Santa a priority for the swine flu shot, what can Santa and his guests do to prevent the transmission of the flu or any other nasty bug this year? First, if you think your child is sick, put off the mall run for another day. In addition, Santas who make visiting sick children part of their nice to-do list this year will be washing their suits daily.

Further, the jolly old elves are being strongly encouraged to take vitamins to boost their immune systems and to wash hands frequently. And, back to the exercise argument, losing a few pounds may help with asthma and other risk factors contributing to a more severe case of the flu.

The use of those charming little white gloves Santa often wears is also undergoing a change. At a Santa school in Denver, Colorado, owner Susen Mesco suggests Santa change his gloves every three hours and wash them in anti-bacterial soap. However, Dr. Jodie Dionne-Odom, New Hampshire's deputy state epidemiologist, says that no gloves and anti-bacterial gel between each visit from a child is really a better option.

Dr. Jack Turco, director of health services at Dartmouth, suggests Santas merely greet children from a safe distance rather than holding them on their laps. Or further he says, "If we take this really seriously, and I think we should because people are dying, it wouldn't be inappropriate to say this is a year maybe we shouldn't do these mass gatherings."

That guy is getting a lump of coal this year for sure.

Related Resources:

Better not cough: Santas lobby for swine flu shots (AP)
H1N1 facts and information (CDC)
Swine Flu Podcast (CDC)

After Death What Happens to Your Accounts Online?

2009-11-20T16:50:39Z

After a fellow colleague from the University at Buffalo Law School passed away in a tragic plane crash this past summer, I was plagued with a question that is surprisingly common: After death, what happens to your accounts online? This seems to be a hot topic now. Here is a rundown on what happens to your online accounts when you happen to pass away.

Email Accounts

According to Make Use Of.com, every site has its own protocol to deal with the matter. It details how Gmail, Hotmail, Yahoo Mail deals with death. For example, Gmail allows next of kin to access your account. However, Google requires that the next of kin provide their own information, your email address, and an email stating your death along with proof of death. Google also requires that the next of kin accessing the account to be lawfully allowed to access the account.

In contrast, Hotmail will automatically delete inactive accounts after a year of not being used. However, if next of kin wish to access the account, they will need to provide proof of death such as a death certificate. They also require that the next of kin provide their own contact information along with documents that state that they are the executor of your estate or have a power of attorney.

Yahoo Mail has the strictest policy. They refuse to allow anyone to access your account. Yahoo will only delete the account after it has received notification of the user's death.

Social Media Accounts

Facebook resfuses to grant anyone access to a deceased user's account, but after the company receives notification of the death, it will turn the user page into a memorial page. Facebook removes features such as status updates and will only allow current friends to access the page. Next of kin are permitted to customize the page though. According to Time, if next of kin insist, then the user's page can actually be removed.

MySpace will not allow anyone to access a deceased user's page either, but they will remove it if the next of kin think it should be removed. If you email them with an attachment of documentation of the death, then they will remove the page.

How Do You Handle Your Accounts?

Time did a good job of outlining possible ways to manage a tricky situation. After all, do you really want your family members to jump through all of those hoops for you?

There are companies who are willing to do the legwork for you... for a price that is. Some of these companies are Legacy Locker, Asset Lock, and Deathswitch. Time quotes Legacy Locker founder Jeremy Toeman as saying, "Digital legacy is at best misunderstood and at worst not thought about."

In order to not become one of those people who never thought about it, it may be a useful service to sign up for. This is especially useful if you don't want your loved ones to suffer through trying to access your accounts.

Or you could just have a folder with all of your account information on all of your online accounts that you keep in a safety deposit box. That may save time and money in the long run.

Whatever you choose, just remember that online accounts require as much planning as actual accounts. While it seems strange and even creepy to think about death, it is always best to be prepared.

Related Resources:

Keeping Track of Secured Places and Passwords (Findlaw)
Get Organized Now (Findlaw)
New services promise online life after death (CNN)
Probate & Estate Info (provided by The Bradley Law Firm, PLLC)
Estate Planning Learning Center (provided by Chayet & Danzo, LLC)

Mr. Go, Katrina Damage and the New Orleans Recovery

2009-11-20T13:50:44Z

As recently discussed in Findlaw's Decided, Wednesday was a day of consequences for the residents of New Orleans' Lower Ninth Ward. The Lower Ninth took one of the major hits in the Katrina disaster and is still figuratively, if not literally, under water. U.S. District Court Judge Stanwood Duval, Jr. did his best Wednesday to throw a life preserver to the Lower Ninth and give a push to the New Orleans recovery. In a major decision, Judge Duval held in favor of four plaintiffs in their suit against the U.S. Army Corps of Engineers for the negligent building and maintenance of the Mississippi River Gulf Outlet canal, "Mr. Go." Judge Duval's decision may open the door to claims from as many as 100,000 more litigants.

So, who will this decision actually help?

It appears that only claimants with properties affected by flooding due to the work on Mr. Go have a possibility of being compensated. Other properties in other areas affected only by the levees themselves will not be likely to have successful claims. As discussed in FindLaw's Decided, work by the Corps on the levees themselves is protected from damage claims by the theory of "sovereign immunity".

For example, four plaintiffs were successful and were awarded damages in this case. The New Orleans Times-Picayune reports that Anthony and Lucille Franz, Tanya Smith and Kent Lattimore all received between $100,000 and $317,00 in compensation for damages to homes and businesses.

However, two other plaintiffs, Mr. and Mrs. Norman Robinson (a local news anchor) had their suit dismissed. Their property damage was not found to be affected as a direct result of the Corps dredging of Mr. Go. This decision may leave many residents in their area of eastern New Orleans out in terms of recovery from the Corps.

What follows will certainly include and appeal from the Corps. For locals, recovery goes on, even with the assistance of this court ruling. New Orleanian Lorraine Washington told the Christian Science Monitor the process is really "... about being made whole again."

Related Resources:

Court: Army Corps of Engineers Liable for Katrina Damage (FindLaw's Decided)
Army Corps liable for Katrina damage, US court finds (Christian Science Monitor)
Nola.com report: Corps' operation of MR-GO doomed homes in St. Bernard, Lower 9th Ward, judge rules (New Orleans Times-Picayune)

Fraud May Bring Feds Millions from Forbes Divorce

2009-11-18T21:00:05Z

The divorce between Walter Forbes and his ex-wife Caren could be worth billions... for the government. The AP reports that a new divorce decree issued by Bridgeport Superior Court Judge Howard Owens orders that the former Mrs. Forbes must transfer ownership of the couple's homes in Connecticut and Wisconsin back to Mr. Forbes as well as half of their jewelry and art collections.

What does this mean? It means that anything under the former Cendant Corporation Chairman's name is probably going to end up going to the government. According to the Connecticut Post, Mr. Walter Forbes was convicted of securities fraud charges back in 2007. As a result, he was sentenced to 151 months in federal prison as well as a restitution payment of $3.275 billion. USA Today reports that the accounting fraud occurred during the 1990's.

When Caren Forbes filed for divorce, she wanted equitable division of their property. She claims that her marriage is "irretrievably broken". However, the U.S. Attorney's Office intervened because it claimed that the divorce was just a way for the family to avoid paying the restitution.

The Connecticut Post quoted the motion filed by the U.S. Attorney's Office as saying "The court should not allow the Forbes family to undermine the government's work to enforce the restitution order under the guise of a simple, uncontested, family court matter."

The federal prosecutors also noted in their motion that Mr. Forbes sold Caren Forbes their family mansion which is worth close to $6 million dollars for only $10 dollars back in 1999 which is around the time that he was committing fraud. The federal prosecutors claim that the timing of the divorce seems suspect. USA Today reports that the prosecutors wrote: "The timing of this filing suggests its purpose is to frustrate the enforcement of the court ordered restitution." Both parties of the divorce deny the allegations set forth by the prosecutors.

Caren Forbes did not leave the marriage empty handed, though. The divorce decree allows her to keep the condominium and golf club membership in Vero Beach, FLA, the condominium in New Canaan, and half of family's jewelry and art collection. Mr. Forbes himself was ordered to pay his ex-wife $1 a year.

Note to anyone trying to scam Uncle Sam... he often finds a way to make you pay.

Related Resources:

Sentencing Alternatives: Prison, Probation, Fines, and Community Service (Findlaw)
Securities Law: An Overview (Findlaw)
Court Indictment of Walter Forbes (Findlaw)
Checklist: Post-Divorce Actions To Take (Findlaw)

Count on Me: Temp Jobs Available with Census Bureau

2009-11-18T19:58:15Z

Let's take a head count, who's up for a few census jobs? A small bit of help is on the way to employ strapped Americans. The census of the U.S. will take place again in 2010, and Uncle Sam wants you.

As mandated by the Constitution, (Art. I, Sec.2) every ten years every resident of the United States is counted. This head count assists government in determining many things from allocation of the $400 billion in federal funds available for projects including hospitals, schools and public work projects, to the representation allotted to each state in the U.S. House of Representatives.

Census jobs will be especially good news to folks in states like Michigan, where unemployment is still at about 15.3%. U.S. Rep for Michigan, Mike Rogers (R), even put out a special press release to his constituents to make them aware of the employment opportunities coming to a town near them.

The Census Bureau will be looking for as many as one million workers to act as census takers, crew leaders and census clerks. Recruiting will begin this fall and winter, with more hiring starting this coming spring. 2010 census takers will visit most residents who do not return the 10 question forms sent out by the bureau to complete the census. The work week will be a standard 40 hours, but some evenings and weekends may be required. Employment most often lasts 5-10 weeks.

More information about positions with the 2010 census can be found at the government website, http://2010censusjobs.gov, or by calling 1-866-861-2010.

Related Resources:

What is the Census? (Census Bureau Home Page)
Census Bureau to hire 1 million temp workers (Freep.com)
A little history please: Wikipedia. Census Page
Independent Contractor v. Employee (provided by Grissom Law Office)
Wage and Hour Laws (provided by Paul F. Penichet, P.A.)

Update: Hawaii Schools May Not Skip Class After All

2009-11-17T21:13:07Z

As previously discussed in the Law and Daily Life post, Friday Furloughs: Judge Allows Hawaii to Cut Class, the Hawaii Department of Education (HDOE) was facing legal challenges to its planned Friday furlough program for Hawaii public schools. In a bid to save the state's crippled budget money, the HDOE proposed to dismiss school every Friday. In a surprising turn of events, angered parents sued.

As of today, an attorney in the class action suit on behalf of children in Hawaii public schools, Eric Seitz, announced he would be willing to put the pending suit on hold thanks to Governor Linda Lingle's proposal to tap the state's rainy day fund to prevent the furloughs. Lingle's plan further proposes teachers give up planning and collaboration days and convert them to classroom time. Hawaii currently has the least amount of classroom days of any state in the nation. The Honolulu Advertiser also reports Seitz will agree to any actions that "result in a reasonable and mutually agreeable resolution." Lingle's plan however, will only eliminate scheduled furlough days from January to June of next year. The furloughs planned until the end of this calendar year will stand.

Governor Lingle will need not only the cooperation of Seitz and his clients, but of others as well. Hawaiian law requires a 2/3 majority of both houses of its legislature to dip into the rainy day fund. In addition, changing the planning and collaboration days over to classroom time will require reopening discussions with the Hawaii State Teachers Association. Stay tuned.

Related Resources:

Friday Furloughs: Judge Allows Hawaii to Cut Class (FindLaw's Law & Daily Life)
Attorney willing to dismiss lawsuit over Hawaii schools' 'furlough Fridays' (Honolulu Advertiser)
FAQ: Educational Opportunities Discrimination (FindLaw)
Class Actions: An Overview (provided by Rush & Gransee, L.C.)

Layoffs 2009: Could The WARN Act Protect You?

2009-11-16T18:12:32Z

In recent news, employees of Premium Protein in Nebraska have filed a class action lawsuit that claims that the company violated their rights under the federal Worker Adjustment Retraining and Notification Act which is also known as WARN.

What is the WARN Act?

The WARN Act is a federal statute that has been enacted in order to protect workers and their families from mass layoffs or plant closings.

What Does It Require?

It requires that employers with more than 100 employees or more (not counting new employees, temporary ones, and part time employees) be subject to the Act.

The Act requires that employers must notify workers 60 calendar days before a plant closing or mass layoffs.

Which Workers Are Entitled to Notice?

Employees who are entitled to notice include, hourly, salaried, managerial, and supervisory employees.

According to the Lincoln Journal Star, the workers in the Nebraska meat packing plant claim that they were not given the requisite 60 calendar days before they were laid off. The company allegedly closed down its Lincoln and Hastings plants under the guise of "temporary" furloughs. The company would leave a recorded message every two weeks renewing the furloughs and claim that they were temporary.

Employees had worried that the furloughs were not temporary and were just a way to avoid the WARN Act.

Erin McDermott, Sara Villanueva and Linda Jarvis are the named plaintiffs, but there are 10 or 12 more former employees from the meat packing plant who have signed on to the suit.

The lawsuit claims that more than 500 former employees could qualify for WARN claims. The plaintiffs have sued for $3 million dollars.

Related Resources:

What You Should Know: The Worker Adjustment and Retraining Notification Act (WARN) (Findlaw)
New Practice Area Alert: The WARN Act Is Coming (Findlaw's Strategist Blog)
WARN Act Guide (U.S. Dept. of Labor)
Employee Rights (provided by Phillip J. Griego & Associates)
Wrongful Termination (provided by Law Offices of Rheuban & Gresen)

NY Post Cartoon Leads to Harassment Lawsuit

2009-11-13T20:15:57Z

A former editor for the New York Post, Sandra Guzman, has filed a harassment and workplace discrimination lawsuit against the paper for what she feels is an unfair termination over her feelings about a NY Post cartoon. New York Magazine reports that the NY Post cartoon was considered to be racist by many news outlets.

Guzman's complaint has been posted by the Huffington Post. While the lawsuit is seeking unspecified damages, it did detail how Ms. Guzman felt that her voiced outrage over a political cartoon that depicted President Barack Obama as a rabid chimp shot by police was the reason that she was fired. The lawsuit also detailed some pretty shocking allegations of a racist and sexually charged workplace.

Some of these harassment allegations are that the editor of the paper showed her and other female colleagues a picture of a naked man as a joke, that he allegedly he rubbed his penis on a female colleague, that Sandra Guzman had to endure racist remarks about her Latina heritage, and that the last five employees fired by the paper were all minorities.

The paper's response to these allegations according to Huffington Post has been that the lawsuit "has no merit and is based on charges that are groundless."

But there are instances that Guzman has detailed in her complaint that are compelling. After she had publicly complained about the chimp cartoon, NY Post made her job hard to do. For example, the newspaper allegedly denied her the privilege of covering the private White House reception with Supreme Court Justice Sonia Sotomayor even though she was the sole reporter at the event and she is friends with the justice.

She was allegedly fired even after positive performance reviews. The paper claimed that she was let go because she edited an insert of the newspaper called Tempo which the paper decided to stop running. However, Ms. Guzman claims that she also edited for an additional 24 sections besides Tempo, and was fired in retaliation against her complaints.

Let's see what happens. It seems like Ms. Guzman may have a lot of claims against the paper. If she can back it up, it will make the newspaper's gossip column look like child's play.

Related Resources:

Do the antidiscrimination laws protect only women and minorities? (Findlaw)
What should I do if I think I have been discriminated against in violation of the law? (Findlaw)
Discrimination & Harassment (Findlaw)
Employment Law Overview (provided by Milavetz, Gallop & Milavetz, P.A.)
Employment Law News (provided by Holman Schiavone, LLC)

Firefighters Union in Philly Is Feeling the Heat

2009-11-13T18:02:19Z

An organization of African American firefighters have filed a federal lawsuit against their union for being abusive and harassing them.

The Philadelphia Inquirer reports that the firefighters allege that leaders of the firefighters union were predominantly white and were hell bent on eliminating many practices that were in place to ensure that black firefighters were hired in the first place. In fact, the union had submitted a proposal with the city back in December that requested that hiring quotas be eradicated.

The black firefighters are naturally upset that their membership dues are being put towards union activites not dedicated to their own advancement. Mr. Kenneth Green of the Club Valiants (President of the African American firefighter group) told The Philadelphia Inquirer: "They're using my union dues to do it. It's a slap in the face."

The lawsuit also details how union meetings have been so divided that the African American firefighters don't bother attending them anymore. It said, "African Americans have no voice in the union."

This brings up the question: How far does racial discrimination law go?

Generally, both state and federal laws prohibit private employers, labor unions, and government agencies from the following:

Denying an applicant a job on the basis of race or color
Denying promotions, transfers, or assignments on the basis of race or color
Penalizing workers with reduced privileges, reduced employment opportunities, and reduced compensation on the basis of race or color
Firing a worker on the basis of race or color

As you can tell, the law covers labor union activities. There is also a decree in Philadelphia that goes back to a 1984 federal consent decree that mandated the hiring of more black firefighters as well as the replacement of an entrance exam that was considered to discriminate against black applicants.

The actions of the firefighters union can be construed to go against this. In fact, there are many white firefighters who want to see this decree gone. In fact, the city has paid out $275,000 in settlement claims to five white lieutenants who claim that they were refused promotions because the exams were rigged to favor minorities.

If you are interested in learning more about racial discrimination, please visit our Related Resources section.

Related Resources:

Racial Discrimination (Findlaw)
What should I do if I think I have been discriminated against in violation of the law? (Findlaw)
How do I know if an action is discriminatory in violation of the law? (Findlaw)
Racial Discrimination in the Workplace (provided by Law Offices of Emanuel S. Fish)
Employment Law Overview (provided by Rosenthal & Heymann, L.L.C.)

Modify This! Judge Rules on Making Home Affordable Program

2009-11-13T16:50:46Z

More bad news for strapped home owners. In a decision announced Nov. 9th, in U.S. District Court in Minnesota, Judge Ann Montgomery found that borrowers don't have a right to modification loans under the Obama administration's Making Home Affordable program.

Plaintiffs in this case alleged the government foreclosure program violated borrowers' Constitutional rights because if rejected under the program, there was no right to appeal. The suit sought to bring a halt to the Making Home Affordable program until the government set up procedural safeguards, including an appeals process. A similar suit has been filed in New York.

Even if borrowers won't receive protection under the Constitution for the loan modification process, many will still need to attempt it. A loan modification is much like a mortgage refinance in that it changes the terms of your existing home mortgage to potentially make it easier to continue to pay under new, more difficult financial circumstances. Depending on your lender, you may be qualified for a loan modification if:

you have experienced a documented hardship or change in financial circumstances
missed three or more payments (90 days delinquent)
you own and occupy the property as a primary residence
you have not filed for bankruptcy

All of these qualifications, as well as your ability to pay off your newly modified loan, will of course need to be documented. You may seek modification from your lender (several major lenders have launched programs), the government's Making Home Affordable program or programs offered by Fannie Mae or Freddie Mac with the Federal Housing Finance Agency (FHFA).

Related Resources:

FHFA Director Lockhart's Statement on Making Home Affordable (Federal Housing Finance Agency)
How to Negotiate With your Lender (eHow)
Minnesota Judge Delivers Setback to Struggling Homeowners (Wall Street Journal)
Loan Modifications (provided by Colonna & Doyle Law Offices)
Real Estate FAQ (provided by Vasti & Vasti, P.C.)

Claim of Rape, Sex Harassment at Teddy Bear Co. Settles

2009-11-13T13:50:17Z

The $80 million dollar lawsuit alleging harassment at the German toymaker Steiff, long famous for its teddy bears, has been settled this week. The WSJ reports that the lawsuit was settled on Tuesday Nov. 10. The attorney for Steiff told the WSJ that the settlement was "to the satisfaction all the participants" Details of the settlement are not known at this time.

The lawsuit was filed by Steiff marketing executive Jane Collins back in June 2009. In the sexual harassment lawsuit, she claimed that the CEO of Steiff of harassing her with unwanted sexual advances for years and culiminated in a rape. The lawsuit details how the CEO Mr. Martin Frechen also continued to harass her during trade shows after the rape had occurred.

When the lawsuit was filed, Ms. Collins was still working for Steiff. The lawsuit named the CEO, her immediate boss James Pitocco (CEO of Steiff's U.S. division), and the teddy bear company as defendants. WSJ did a detailed story about the lawsuit back in June 2009. Ms. Collins claimed that when she told her boss about the unwanted advances and then the rape, he failed to do anything about it.

During the the time the lawsuit was filed, an attorney for Mr. Frechen was quoted by WSJ as saying that the CEO "believes the plaintiff's claims are entirely without merit. He intends to vigorously defend himself against these allegations, and he believes he'll ultimately prevail."

Well it seems that he did not feel that confident this week in light of the fact that this is a civil suit.

What is the difference between a civil suit versus a criminal case in terms of rape?

Since Ms. Collins is filing a civil lawsuit, her burden of proof against Mr. Frechen is a little easier. Any kind of evidence such as keeping a diary (like Ms. Collins did) or having a witness testify dramatically improves your odds of winning the case. If this was a criminal case, the standard for the burden of proof is a higher.

Ms. Collins had a colleague witness the CEO's come-ons to her during a tradeshow. That colleague was willing to testify on Ms. Collin's behalf. That would have helped Ms. Collins with her civil lawsuit.

It seems that the CEO's legal team wised up to those facts and were willing to cut a deal with Ms. Collins.

If you need more information about sexual harassment in the workplace, please check out our Related Resources for more information.

Related Resources:

Sexual Harassment: What is it? (Findlaw)
If a worker "voluntarily" has sex with a supervisor, does this mean that she has not been sexually harassed? (Findlaw)
Sexual Harassment: Actions You Can Take (Findlaw)
I've Been Harassed! What do I do? (provided by Donna M. Ballman, P.A.)
Rape v. Sexual Assault (provided by The Law Office of Steven R. Adams)