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Kates Nussman Rapone Ellis & Farhi, LLP

Kates Nussman Rapone Ellis & Farhi, LLP Blog

If Your Job Gives You Headaches Let Your Boss Know Before Resigning

download.jpgA late April NJ appeals decision affirmed a finding that Y.R. was disqualified from unemployment benefits because she left her job voluntarily. She suffered from debilitating headaches/migraines since 2006, and has been on various medications to treat that. She began working at a company during 2011 in accounts receivable and was responsible for a host of tasks including assisting patients with insurance claims, answering phones, and ordering supplies.

Never Use A Child To Get Back At A Soon-To-Be Ex

640px-Gavel_1.pngAn appeal last month decided that a parent deemed more likely to co-parent cooperatively deserves primary residential custody even if that parent isn't exactly stellar. R.A. (ex-wife) married B.A. (ex-husband) in 2007 and had a son with him in 2009. In 2011, the couple filed for divorce and R.A. left their home to stay with her parents in Brooklyn, taking the child and his belongings, without giving the father any notice. "Defendant claimed she feared for [child's] safety if left with plaintiff since he possessed a gun." The lower court decided that she simply withheld the child to retaliate against the father "...because she believed plaintiff was having an affair and hiding assets from her with his business partner."

A Lawsuit Under the Family Medical Leave Acts Requires a 50 Employee Minimum

doc.pngA late April appeal decided whether or not a person can prolong fruitless efforts to show that an employer employed fifty people, in order to trigger claims under the Federal Family Leave Act or the New Jersey Family Leave Act. The court said no.

Mysterious People & Rude Comments Don't Equal Unemployment Benefits

defaul.pngAn early May Appeals Court decision said that being required to keep performance logs in response to substandard work, a comment alluding to race and the existence of "mysterious people" who ask how you are doing when exiting your office does not amount to a work environment that justifies resigning from a job and getting unemployment benefits.

Vacations & Unemployment Benefits Don't Mix

palmtree.PNGJ.S. appealed pro se (on his own behalf) two June 2015 final decisions by the Board of Review of the NJ Department of Labor and Workforce Development that dealt with 2 negative unemployment benefits decisions made against him. After the first decision denied benefits, he appealed and got a different (and better) decision. The Board of Review, the highest authority to which someone can appeal a benefits denied, short of going to Court, did a final review and said that the first decision should stand, because the second one improperly addressed the exact same questions. The case then went to an appellate court, which confirmed the Board of Review's decision.

Is Revenge In A Divorce Worth The Costs? Duh!

800px-Courtroom.jpgAn April 4th appeal involved the conclusion of an incredibly litigious and bitter divorce. Arguing pro se (representing oneself), the Defendant (Appellant) ex-husband challenged the lower court's calculation in its 2013 Final Judgment of Divorce that he ultimately owed his ex-wife $268,804. The court ruled because it has tremendous discretion in making calculations. There is no set-in-stone formula, but a rather more holistic approach is applied.

Make Sure Your Trustees Are Trustworthy

gavel123.PNGIn 1997, H.L. both created and acted as the trustee of his own irrevocable trust until 2008, when his daughter L.L. assumed the role. H.L. died on January 27, 2012. The trust required that it be used for his benefit during his life, and then special bequests of $25,000 each be given to his three grandchildren. It also instructed that the remainder of the trust be equally divided among his three daughters. His estate also included a Brooklyn co-op.

Contracts 101: What Are The Key Parts Of Any Good Contract?

contraccct.PNGA contract is often referred to as the only forum where people come together to essentially "make their own law." For the most part this is true, since you are able to make an agreement with any number of parties to achieve a certain result; whether it is a contract for the sale of goods, services, or a promise to do or refrain from doing something. But contract law is not as simple and easy as many might assume, as shown by the great number of contract-based lawsuits that clog up the courts. What then are some key parts of a good contract that might help you avoid future litigation?