Articles

Social networking sites are a danger in divorce cases

The popularity of Twitter, Facebook, and other social networking sites has created a can of worms in divorce: These sites often contain evidence of a person’s whereabouts, “friends,” employment status and other information that can be used as evidence against them. People often forget that the pictures they post and the things they write about on these sites are public information. Anyone going through a divorce should be cautious about their actions online, especially on social

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Company not liable for employee’s drunk-driving accident

A nursing home supervisor took the home’s chef out for drinks after work one night in order to discuss work-related issues. The two had a fair amount to drink. The chef left the restaurant in his car and shortly afterward struck a 70-year-old pedestrian, who suffered serious injuries. The pedestrian sued the nursing home, claiming that it was responsible for the chef’s drinking. But the state Appeals Court shot down the lawsuit in a 2-1 decision.

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Laid-off employee must be paid for unused vacation time

An employee who was laid off from his job is entitled to be paid for any earned but unused vacation time, according to the state Supreme Judicial Court. A longtime employee was laid off by Electronic Data Systems, and didn’t receive any vacation pay even though he had only used one day of vacation all year, and the company had a written policy saying that employees were entitled to a certain amount of vacation time based

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Discrimination settlement can violate union agreement

The MBTA offered a job to a man who wears a hearing aid, conditioned on his ability to pass a physical examination. During the exam, he wasn’t allowed to wear his hearing aid, and he flunked. The man sued, claiming he was discriminated against because of his disability. Five years later, the MBTA settled the case by hiring the man and giving him five years of retroactive seniority. However, the union objected. It said the MBTA

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Bankruptcies skyrocket in Massachusetts

The number of bankruptcy cases filed in Massachusetts increased by 18% in the last year, and by a stunning 72% over the past two years. The vast majority of the cases are personal bankruptcies as opposed to business bankruptcies. While some businesses are going under, the spike in cases is largely the result of people losing their jobs in the recession. Other common causes of bankruptcy include divorce, sudden large medical bills, and an inability to

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Non-compete agreement is valid even if employee leaves state

Suppose a Massachusetts employee signs a non-compete agreement, but then leaves to work for a competitor in California – a state that generally doesn’t approve of non-compete agreements. Can the agreement still be enforced against him? Yes, according to a recent decision by the Massachusetts Superior Court. The employee was a vice president at the EMC computer company in Hopkinton, Mass. After 20 years with EMC, he quit to become vice president at Hewlett-Packard in California.

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What happens if a seller can’t move out by the closing date?

Here’s a common scenario: Both parties to a real estate deal are ready to close, but for some reason the seller can’t move out by the closing date. Maybe the seller is moving to a new home or place of business, and the new place isn’t quite ready yet. Maybe the closing date is the last day of the month, a notoriously difficult day on which to hire a moving company. One solution is to go

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Congress raises borrowing limits for reverse mortgages

You can now borrow up to $625,500 with a federally insured reverse mortgage – up from $417,000 – as a result of a change made by Congress that will help some seniors. In a traditional mortgage, you borrow money against your house and pay it back in monthly installments over time. With a reverse mortgage, you borrow money against your house, but you don’t have to pay it back until you die, sell the house, or

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Beware of ‘loan modification’ scams

Many people who are having trouble making their mortgage payments are turning to consultants who promise to help them modify their loans. The problem: Often, these “loan modification” businesses are actually scams. In a typical scam, a consultant demands a large upfront fee – sometimes as much as $3,000 – and then disappears without doing any work. Prosecutors in 19 states have taken legal action against various “foreclosure rescue” businesses, as has the Federal Trade Commission,

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Tenant evicted for filing personal injury claim

A landlord could evict a tenant who sued the landlord for a personal injury, according to the Alaska Supreme Court. The tenant was a handyman at a motel who rented a motel room at a reduced rate. He sued the motel after he slipped and broke his leg. The motel owners responded by throwing him out. According to the handyman, this was illegal retaliation against him that violated the state’s landlord-tenant law. But the Supreme Court

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