Because divorces are so emotional, many people act in ways they normally would not. There are many complexities to deal with in a divorce case. For example, a client comes in with great evidence – except that it has been obtained through telephone interception, spyware, GPS trackers, webcams and unauthorized use of social medial accounts. This type of evidence presents serious issues.

Has someone violated federal or state law? Will they need to take the Fifth Amendment if deposed? Can you use the evidence at all? Are there potential civil or criminal penalties?

These issues arise when a spouse obtains evidence through the use of electronic or telephonic interception, spyware, GPS tracking devices, webcams, wiretaps or other methods.

It is necessary to consider key questions:

• How do the federal statutes governing interception of electronic and telephonic communications impact evidence of spousal misconduct that is obtained by a party in a divorce case?

• Whether the evidence can or should be used?

• What civil and criminal implications are there with self-help surveillance evidence?

Going through a divorce will have a significant impact on you and your family. This means it is necessary to protect your interests. You should consult an experienced divorce attorney such as one of the attorneys at Douglas, Leonard & Garvey, P.C. Call us at 1-800-240-1988 or fill out our online contact form.

A state judge did not have the authority to order the parties in a divorce to file joint income tax returns, the Nebraska Supreme Court has recently ruled.

The parties were divorced in late 2010. Under the terms of their divorce decree, they were required to file joint tax returns for 2008 and 2009. The parties had not yet filed returns for those years.

The wife objected, arguing that state trial judges did not have the authority to make such orders under the federal Internal Revenue Code. The Nebraska Supreme Court agreed. It explained that, because the U.S. Tax Court is not bound by state orders compelling parties to sign a joint return, it “will look to the husband and wife’s intent, and if one of them signed only because a state court ordered him or her to do so, the return may or may not be treated as a joint return. This means that a trial court cannot know with certainty whether its equitable division of the marital estate based on consideration of a joint tax return will be given effect by federal authorities or courts.”

Accordingly, the Nebraska Supreme Court held that “[b]ecause a trial court can equitably adjust its division of the marital estate to account for a spouse’s unreasonable refusal to file a joint return, resort to a coercive remedy that carries potential liability is unnecessary.”

It noted that courts in other states are divided on this issue. New Hampshire marital judges routinely order joint returns to be filed but this case presents new arguments for those spouses opposing such orders.

If you need a family law or divorce attorney, please contact one of our attorneys at 1-800-240-1988 or complete our online Contact Form.

If you are the employee who is making a complaint about unlawful discrimination or blowing the whistle on some other form of unlawful activity at the workplace, the law protects you from retaliation from your employer. However, what protection do you have if you are a witness involved in a formal investigation, or even a lawsuit?

Legally, you are generally just as protected when acting as a witness, as you would be if you were the person making the complaint. An employer cannot legally retaliate against a employee who tells the truth in an investigation or lawsuit. The protection against retaliation can be sometimes be found in statutory laws (that is, the formal legal codes enacted by your state or federal legislatures), or in the common law (the law derived from cases decided by judges). The protective measures found in legislative enactments are often part of the specific statutory scheme that an employee might rely on to make a complaint about unlawful activity. For instance, the sexual harassment laws contain specific anti-retaliation provisions that can be interpreted to apply to both a complaining employee and supporting witnesses.

If not by statute, you are protected by a claim of wrongful termination. That means that if an employer retaliates against you for cooperating with a complainant or investigator in regards to a complaint of unlawful activity, and the retaliation leads to a termination, or creates work conditions so harsh that they effectively force you to quit, you may be in a position to file your own lawsuit.

In the case you are a witness to is being investigated by a government agency, they often have the power to fine or otherwise punish an employer for retaliating against you, even in situations that are less severe than a full-blown wrongful termination or constructive discharge case. If you are retaliated against in any way, or even threatened with retaliation, you should advise the investigator or even contact an attorney.

Why should you consider engaging an attorney if you are protected from retaliation under the law? Despite the protections against retaliation, employers sometimes ignore their obligations. As noted above, the stakes in employment cases can be very high for employers and employees. An employer unscrupulous enough to break the law that led to the underlying complaint may have no hesitation when it comes to retaliating against you for helping the complainant by offering truthful information.

If you believe you are likely to be a witness in a co-worker’s employment lawsuit, and are worried about being retaliated against by your employer if you tell the truth about what happened, you should not hesitate to contact a reputable employment law firm. Because Douglas, Leonard & Garvey focuses its practice on representing employees, we can help protect you if you find yourself in this situation. Call us for a consultation or fill out our contact form.