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FEBRUARY 2019 KunkelCase Files 800-467-5272 • www.KunkelLawFirm.com • GKunkel@KunkelLawFirm.com
KREWES, KING CAKE, AND CULTURE T he F ascinating H istory of M ardi G ras
FROM THE DESK OF
Gregory Kunkel, Esq.
UC BENEFITS AND THE INJURED WORKER
We are often asked by clients who are unable to perform their regular job duties due to injury or illness if they are eligible for unemployment compensation benefits. In Pennsylvania, the short answer to the question is yes, so long as certain conditions are met. Pennsylvania courts consider leaving work due to health reasons a “voluntary quit,” and require an employee to prove compelling and necessitous cause for leaving work. To meet this burden, the worker must generally establish: 1) an adequate health reason for leaving work exists; 2) the worker notified the employer of the health concerns; and 3) the worker is available for work if suitable work within the worker’s restrictions is offered by the employer. UC benefits provide an important safety net for injured workers so every effort should be made to provide the employer with documentation of your restrictions and a request for suitable work within your restrictions. If the employer cannot accommodate the restrictions, you should be eligible to receive
Unlike most holidays, Mardi Gras is associated with a place as much as it is a time. When people think of Mardi Gras, they automatically think of New Orleans. The celebration, held on a Tuesday in either February or March, is a point of pride for NOLA residents but is often misunderstood by the general public. Here’s what you need to know about America’s most regional holiday.
THE DATE
Mardi Gras doesn’t follow the traditional holiday calendar patterns we’re familiar with. It doesn’t fall on a static date, like Christmas, or a specific day within a month, like Memorial Day. Instead, it follows the pattern of Easter, which is based on a more complicated formula. Easter takes place on the Sunday after the first ecclesiastical full moon occurring on or after the vernal equinox (the start of spring). An ecclesiastical full moon, as opposed to a regular full moon, is determined by Catholic church tables, not by lunar patterns. While that part is pretty complex, determining the date of Mardi Gras is much easier: It’s 47 days before Easter. As such, it can fall on any Tuesday between Feb. 3 and March 9, hence the name Mardi Gras, or “Fat Tuesday.”
unemployment compensation benefits.
THE PLACE
While New Orleans is undoubtedly the place everyone associates with Mardi Gras, it is not where the holiday originated in America. That honor belongs to Mobile, Alabama, which or- ganized the first widespread Mardi Gras celebrations in 1703. As more people moved to New Orleans, which became the capital of Louisiana in 1723, the holiday took root there. At first, the people who participated in the festivities were of mostly of French or Catholic heritage.
-Gregory
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... Cover story, continued
was a chance to engage in revelry before 40 days of lean living. In other words, it was the binge before the purge. Today, Mardi Gras celebrations certainly bring to mind images of people bingeing. The tourist experience of Mardi Gras is one of drinking on Bourbon Street, crowding the bars, and staying up all night. While you can definitely have that Mardi Gras if you want it, most locals will tell you that the “real” Mardi Gras is something else entirely. “Mainstream media tends to showcase a very specific kind of Mardi Gras,” says Solange Knowles, “but my experience of Mardi Gras is very different; it’s very cultural.”These cultural traditions were created by social clubs called krewes. The krewes create floats, dress in ornate costumes, and parade down the streets trailed by brass bands known as second lines.
Eventually, though, it morphed into a citywide party more secular than religious in nature.
iced bread; the dough closely resembles brioche. On top of the cake, you’ll find icing in green, gold, and purple, which are the colors of the Mardi Gras flag. A figurine called a feve is hidden inside the cake, usually in the shape of a baby. It is considered good luck to be the person whose slice has the figurine inside. All of these institutions are still in place today and have come to represent what Mardi Gras means to residents. Mardi Gras in the United States is now a celebration of distinctly New Orleans culture as much as it is a festive release before Lent. From the music and the food to the costumes and the parades, Mardi Gras is New Orleans. Or, as legendary NOLA pianist Professor Longhair once sang, “If you go to New Orleans / You ought to go see the Mardi Gras.”
In addition to the Gulf Coast of the United States, Mardi Gras celebrations occur throughout the world. In Brazil, where it is known as Carnival, it is the nation’s most celebrated and well-known holiday. It’s also a major event in Belgium, the Cayman Islands, the Netherlands, and Germany.
THE TRADITIONS
No matter where Mardi Gras happens, it’s always something of a bacchanalian feast. That’s also the result of its Catholic origins. Lent, a time of fasting and giving up earthly pleasures, begins on Ash Wednesday, the day after Mardi Gras. Historically, Mardi Gras
The official food of Mardi Gras is king cake. Though called a cake, it’s actually more of an
The Reason Employees Are Quitting in Droves
percent of respondents believed they could rely on the support of their managers and colleagues.
The numbers paint a disheartening picture of the average workplace. If you’ve been a manager for a long time, it can be difficult to imagine how frustrated an undervalued member of your team can feel and how these feelings can spread throughout your organization, leaving all your employees discontent. It’s imperative to listen and respond to your employees’ concerns. It takes more than instituting an open-door policy and relaxing work requirements — two characteristics of healthy workplaces, as rated by respondents. You need to commit resources to eliminating the problem. Start with the highest-level leaders of your business. Work with them on how to interact with the rest of your team in more human, empathetic, and responsive ways. Training and assessments are a good start, but you may also need to revamp the mentality and core values of your company. In a world where finding a new job is easier than ever, managers cannot afford to ignore the needs of their employees. Evolve and acknowledge the emotions in your workplace or risk losing all that you’ve invested in your top performers.
According to a survey conducted by Randstad, 60 percent of American employees either quit or strongly considered quitting their jobs last year. That’s a number that should terrify any business owner. However, instead of panicking, consider this record-breaking moment in U.S. employment history an invitation to take a long, hard look at your organization. Are members of your team waiting for the perfect moment to bail? And if so, why? It’s not because the majority of employees are ruthless careerists or disloyal money-grubbers. If we look at Mental Health America’s 2018 Workplace Health Survey, it mostly boils down to the fact that over half of American employees feel unappreciated, unsupported, and disrespected by management. In fact, 21 percent of respondents said that instead of being paid what they deserve, they’re nickel-and-dimed when raise season arrives, and 77 percent believed that instead of being lifted up for their accomplishments, employees were forced to toil away in the corner, feeling invisible. Sadly, scarcely more than 34
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Wild Divorce Settlements 3 Times the Division of Assets Got Out of Control When you’re untying the knot, it’s important to be specific about the assets you hope to walk away with. These three over-the-top divorce settlements are good examples of what not to do when dissolving your marriage.
YOU’VE GOT TO BE KIDNEY ME
Back in 2001, Dr. Richard Batista donated his kidney to his ailing wife, Dawnell, to save her life. Sweet, right? It was — until Dawnell filed for divorce in 2005 and Dr. Batista demanded she give back his kidney or compensate him for $1.5 million in damages. In the end, his request was thrown out in court because the kidney was a gift — and because removing it would be potentially fatal to his ex-spouse.
‘HERE, MY DEAR’
In the divorce agreement between the late Marvin Gaye and his ex, Anna Gordy, it was decided that Anna would be paid from the royalties of Gaye’s next album since he had gone broke from his lavish spending. At first, Gaye decided he’d phone in the production, but he quickly discovered an opportunity to make a unique artistic statement: “I’ll give her my next album, but it’ll be something she won’t want to play and it’ll be something she won’t want the world to hear because I’m gonna tell the world the truth.” In the end, the album was a commercial flop, though critics continue to praise its raw, emotional core.
A LIFE RENT IN TWO
When Moeun Sarim and Vat Navy decided to divorce after 18 years of marriage, Moeun apparently decided that, to keep the split equitable, he and his wife should divide their assets in half — literally. Moeun and his relatives cut the home down the middle, dismantled his portion, and hauled it away. Vat’s half was left standing with one wall missing.
Take a Break!
TIRAMISU
Ingredients
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2 teaspoons dark rum
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6 egg yolks
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24 packaged ladyfingers
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3 tablespoons sugar
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1/2 cup bittersweet chocolate shavings, for garnish
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1 pound mascarpone cheese
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1 1/2 cups strong espresso, cooled
Directions
Place soaked ladyfingers at the bottomof a walled baking dish.
1. In a large mixing bowl, use a whisk to beat together egg yolks and sugar until thick and pale, about 5 minutes. 2. Addmascarpone cheese and beat until smooth.
5. Spread half of the mascarpone mixture on top of the first layer of ladyfingers. Top with another layer of ladyfingers and another layer of mascarpone.
3. Fold in 1 tablespoon of espresso.
6. Cover and refrigerate 2–8 hours.
7. Remove from fridge, sprinkle with chocolate shavings, and serve.
4. In a small, shallow dish,
combine remaining espresso with rum. Dip each lady finger intomixture for 5 seconds.
Recipe courtesy of The New York Times
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INSIDE THIS ISSUE From the Desk of Gregory Kunkel, Esq. PAGE 1 The Holiday of New Orleans PAGE 1 Why Employees Are Quitting in Droves PAGE 2 3 Wild Divorce Settlements PAGE 3 Take a Break PAGE 3 Tiramisu PAGE 3 The Most Iconic Super Bowl in NFL History PAGE 4
The Holiday of New Orleans
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One for the Ages HOW SUPER BOWL XXXIVMADE AN ICONOUT OF A GROCERY STORE CLERK
looked poised to coast on their way to the Lombardi Trophy, but the late Steve McNair and the Titans had different plans. The Georgia Dome was rocking after two Eddie George touchdown runs, and a field goal brought the Titans level at 16–16, with just over twominutes of play remaining. In response, Warner dropped back and found receiver Isaac Bruce for a 73-yard touchdown, bringing the score to 23–16 with 1:54 left on the clock. But the Titans weren’t done fighting. Quickly moving the ball down the field, Titans quarterback Steve McNair found himself with a third and 5 inside the Rams 30-yard line with 22 seconds left. Scrambling around and fighting off two players trying to pull himdown, McNair threw the ball to Kevin Dyson at the 10-yard line. A quick timeout left six seconds on the clock, and the Titans were one play away from tying the game. What proceeded was a play that will be forever known as“the tackle.”McNair found Dyson on a quick slant, and when he caught the ball at the 4-yard line, it appeared a touchdown was imminent. Suddenly, linebacker Mike Jones wrapped the receiver up at the hips. As he fell to the ground with the ball in his hand, Dyson extended his arm, but when he hit the AstroTurf, he was 1 yard short of the goal line. The Rams had pulled off the impossible, earning their first Super Bowl title ever.
Going into the 1999 NFL season, no one expected anything from the St. Louis Rams. When starting quarterback Trent Green went down with a gruesome knee injury in the preseason, ESPNThe Magazine slated the Rams to be the worst team in the NFL that year. With few options, coachVermeil named a virtually unknown player as his new starting quarterback, humbly stating in a press conference,“We will rally around KurtWarner, and we’ll play good football.”
Five years before his start, 22-year-old KurtWarner was stocking shelves at a Hy-Vee grocery store in Cedar Falls, Iowa, for $5.50 an hour. However, he had amassed a whopping 16 snaps in the NFL prior to taking the reins for the 1999 season, and what proceeded to transpire on the field was utter pandemonium, giving the Rams the nickname “The Greatest Show onTurf.”This improbable season and the resulting MVP award forWarner set the stage for one of the most dramatic games in Super Bowl history.
After going up 16–0 against the Tennessee Titans in Super Bowl XXXIV, Warner and the Rams
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