Clarke and Associates

01/18/2019

An important planning tool for am elderly person facing the prospect of requiring skilled nursing care is a so-called “Medicaid Trust”. This device is particularly useful in the event that the person entering the nursing home has a spouse that will be staying in the marital home. Essentially, the spouse that is entering the nursing home uses assets that he or she owns to purchase an annuity that will provide a steady stream of income for the spouse that is staying in the home. This limits the amount that the couple will need to spend on nursing home cost before qualifying for Medicaid to pay the bill. If you want to know more about this, call the office.

12/21/2018

It seems that despite my client filing and winning a Whistleblower complaint against the City of Philadelphia regarding the care of horses within the Mounted Unit of the City of Philadelphia Police Department, the care of the horses entrusted to the Mounted Unit is still very much an issue. Interesting article about this.

Some of these horses are rescues who came to the unit with health problems that can take a while to resolve. Yet it appears they've being treated the same as those in better shape.

12/19/2018

In a dispute with an employer, proof of the allegations often comes down to documentation. Any litigation or administrative review can take years. Memories fade and without documentation it is a classic “he said-she said”. That is why it is so important that you keep careful notes if you think that you are being mistreated. Keep copies of emails, disciplinary material, and other pertinent internal documents. Remember, that if you are fired, your access to internal email will most likely be immediately lost. Proper documentation can be the difference between a successful and unsuccessful claim against a former employer. Contact us with questions about this or if you are concerned about a workplace situation. Free consultation always available.

12/17/2018

Many of us are faced with the situation of caring for an elderly family member. In fact, I have had clients that have moved into their parent’s home to provide that care. This sometimes results in reducing hours at work in order to be available to provide such care or facing the consequence of bringing in outside help that may not be welcome by the elderly individual. One planning device that is available in such a situation is to enter into a “family care agreement” that allows the person being cared for to pay for the caretaking services to a family member. Contact us if you are facing or involved in this situation. Free consultation always available.

12/11/2018

If you work in Pennsylvania you are an “at will” employee unless you are one of the rare individuals with an employment contract. This means that if you are terminated you have no recourse against that employer, with few exceptions. One exception that is being utilized more frequently is the Pennsylvania Whistleblower Law which protects employees form adverse employment action for making a good faith complaint of wrongdoing or waste against a covered employer. Contact us if you have questions or think you may fall under this exception. Free consultation always available.

12/07/2018

Tip for Estate Executors and Administrators….In Pennsylvania, Inheritance Taxes are due within nine months of the date of death of the individual. Essentially, there are three rates: 4.5% for lineal descendants (parents, children, grandchildren), 12% for siblings and 15% for everyone else. Transfers to a spouse are not taxable. There is an “early pay” discount. If the Executor or Administrator pays estimated taxes due within 90 days, the Estate will receive a 5% discount when the tax return is completed. Contact my office if you are or become an Executor or Administrator and have any questions. Free Consultation always provided!

12/05/2018

Clarke and Associates is pleased to announce that one of it’s cases has been named in the Top Verdicts and Settlements in Pennsylvania in 2017, published in September 2018 by the Legal Intelligencer. Specifically, the plaintiff’s decision in Allen v. McCann and the City of Philadelphia was ranked as the 9th Top Decision in Pennsylvania in 2017. This case involved a lawsuit under the Pennsylvania Whistleblower Statute in which the Plaintiff, Joel Allen, lodged a complaint about how the horses at the Mounted Division in the Philadelphia Police Department were being trained. Discipline, and ultimately termination, followed and the Court found, after a trial, that this was linked to his complaint and therefore a violation of the Whistleblower Law.

If you think you have been mistreated at work reach out to attorney Jerry Clarke for a free consultation.