ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Labor & Employment Law Blogs -> New York Public Personnel Law

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Labor & Employment Law

: New York Public Personnel Law

Damages can be increased to account for adverse tax consequences

ADVERTISEMENTS
Damages can be increased to account for adverse tax consequences
Source: Adjunct Law Prof Blog; http://lawprofessors.typepad.com/adjunctprofs/
Reproduced with permission. Copyright © 2009, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St. Johns Law School and New York Law School, All rights reserved.

TaxProf Blog reported on Eshelman v. Agere Systems, Inc., No. 05-4895 (3d Cir. Jan. 30, 2009). In a lengthy and well-written opinion, the 3rd Circuit held that in employment discrimination cases courts can increase the amount of damages to account for the adverse tax consequences that a lump sum payment would cause. This can occur, for example, if the lump sum places the employee in a higher tax bracket. As the Third Circuit notes, there is actually a conflict in the circuits on this issue. This court views an increase in damages due to taxes as necessary to make the plaintiff whole. The court sees this no different from cases that have awarded prejudgment interest.

Original source: Workplace Prof Blog

Full post as published by New York Public Personnel Law on February 11, 2009 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Law Articles

Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0022 secs (from cache 11/06/26 20:11:38)