In unlawful discrimination claims, emotional distress is often a large part of any judgment that is awarded to the claimant. For years, the amount of monetary damages awarded to the claimant was taxed. The prevailing rationale was that the emotional distress damages was “income” as that term is defined by the IRS.
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While virtually everybody enjoys the convenience that emails provides as a means of communications, plaintiff-side employment lawyers, myself included, are especially grateful for the prevalence of emails in the workplace. Indeed, emails are often the equivalent of the proverbial ‘smoking gun’ that have huge implications in employment litigation.
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