Feb
24

How to Know if You Have Been Constructively Terminated

Constructive Termination occurs when an employer renders an employee’s working conditions so difficult and intolerable that a reasonable person would feel forced to resign. An employee that has been constructively terminated may be entitled to recover lost wages and other damages suffered as a result of the termination. In determining whether an employee has been… Continue reading »

Feb
24

Check Twice Before You Send: New Discoveries Regarding the Perils of “Reply All”

The legal obligations placed on both businesses and individuals are constantly changing. These changes come from obvious sources such as new laws enacted by legislatures and decisions by courts modifying common law principles. A good example is the Massachusetts Supreme Judicial Court’s decision last year modifying the duties of land owners with respect to snow… Continue reading »

Jan
27

Dad’s Law (Part 3): Lessons in Life

Recently, I was preparing a client about to testify at a hearing. The client happened to have been a very recent college graduate. We were discussing our hard and true basic principles of testifying: Proper attire; Punctuality; Good posture; Be very respectful to everyone in the room; Look the person asking the question right in… Continue reading »

Nov
02

Our Bodies, Ourselves

Recently two very different events caused me to ask a very simple question: Whose body is it? The first event involved a man who allegedly killed his wife, but wanted to be in charge of the arrangements for her funeral. The second event was the death of my mother. While standing in the hospital room,… Continue reading »

Oct
25

Using Arbitration Agreements Wisely

Arbitration is an increasingly popular way for many businesses to resolve their disputes, with arbitration agreements appearing in ever more forums; from supply agreements and other business contracts, to employment contracts, to consumer contracts. The advantages of arbitration, when compared to litigation in court, are often numerous. These include greater predictability of litigation costs, reduced… Continue reading »

Oct
25

Checking Up on Your Charitable Donation?

If you are like me, you receive phone calls on an almost daily basis from various organizations seeking a donation. How do you know if the organization is a legitimate charity, or if you are about to be scammed? Massachusetts law requires all public charities operating in Massachusetts to register and file annual reports with… Continue reading »

Oct
25

Estate Planning for Disabled Children

If your family includes a disabled child or grandchild, there are special considerations when making an estate plan. A primary concern is to assure that that the disabled child (minor and adult) is provided for financially, so that he or she has an adequate quality of life and standard of living. There are two types… Continue reading »

Oct
25

Avoid a Slippery Situation: Take the Right Steps to Prevent Falls on Snow and Ice

In the K&G Spring newsletter, I wrote about a pending decision in the Supreme Judicial Court that could impact a property or business owner’s liability with regard to snow related injuries. In Papadopoulos v. Target Corp. et. al., the Court re-evaluated the long-standing legal standard for determining liability in snow and ice cases. For over… Continue reading »

Oct
25

The Many Costs of Divorce…

In our last newsletter, I promised to address the many costs of divorce, and started with the most obvious: legal fees.  Dissipation of assets is another cost of divorce, whether contested or not.  There are many assets that comprise the marital estate, but monetary assets pale in value to the truly irreplaceable assets of marriage:… Continue reading »

Aug
20

The De Facto Parent

Non-traditional family arrangements are more common than ever. Single individuals are seeking to become the legal parent of a child outside of a marriage or committed relationship, whether biologically or through adoption. Often, the child’s legal parent enters into a relationship with someone who assumes caretaking functions for that child, and develops, over time, a… Continue reading »

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