Matthew W. Lucas

Attorney at Law
 

703.821.5522

e-mail: mlucas@cs.net
     
 

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Company Grapevine
Can a company  prevent workers discussing their wages with other workers? 

Not according to a new case. The Sixth Circuit Court of Appeals ruled that a rule imposed by a supervisor prohibiting such communications was an unfair labor practice because it interfered with a key objective of organizational activity.

   
     
Vicarious Liability
In a recent case, an Ohio company hired an independent contractor to provide armed security guards to protect the company's property. While on duty, one of the guards fatally shot a trespasser and the victim's family sued the company under a wrongful death action.

Result: The company was held vicariously liable for the guard's negligence under the "inherently dangerous work" exception.
   
     
Laws on In-laws
A man sued a California nursing facility that had cared for his mother-in-law under a claim of negligent infliction of emotional distress.

Result: The son-in-law could not recover under a bystander claim because he is not "closely related." In addition, he could not use the same legal  theory to claim he was a direct victim.

   
     
Internet Fraud    
The Internet Fraud Complaint Center run by the FBI recorded 16,775 complaints last year claiming losses of $17.8 million. While businesses accounted for only 10% of the individual cases, their losses ran much higher than the average for individuals. Complaints may be made at the Internet Fraud Complaint Center.

To protect yourself:

  • Use only reputable or established vendors 
  • Be careful in responding to unsolicited e-mail 
  • Use only with secure services
  • Put any business information on a secure server with strong defenses against hackers.
   
Can You Deduct Divorce Payments?    
In a case in Oklahoma a Mr. X claimed a payment made to his wife's attorney qualified as alimony and was  tax deductible. The court disagreed and disallowed the deduction. The court found, under Oklahoma state law, Mr. X would remain liable for this obligation even if  Mrs. X died before the final divorce decree was entered.

To qualify for an alimony deduction, payments should be described in a written divorce/separation document. In this way the recipient will have to include the payments in his or her gross income. These documents should specifically state that the responsibility for payment ends upon the death of the paying spouse. 
   
     
     
     
     
 
       
         
   
 
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