Toyota to pay big to settle suits

Toyota Motor Corp., moving to put years of legal problems behind it, has agreed to pay more than $1 billion to settle dozens of lawsuits relating to sudden acceleration.

The proposed deal, filed Wednesday in federal court, would be among the largest ever paid out by an automaker. It applies to numerous suits claiming economic damages caused by safety defects in the automaker's vehicles, but does not cover dozens of personal injury and wrongful-death suits that are still pending around the nation.

The suits were filed over the last three years by Toyota and Lexus owners who claimed that the value of their vehicles had been hurt by the potential for defects, including floor mats that could cause the vehicles to surge out of control.

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In addition, Toyota said it is close to settling suits filed by the Orange County district attorney and a coalition of state attorneys general who had accused the automaker of deceptive business practices. The costs of those agreements would be included in a $1.1-billion charge the Japanese automaker said it will take against earnings to cover the actions.

"We concluded that turning the page on this legacy legal issue through the positive steps we are taking is in the best interests of the company, our employees, our dealers and, most of all, our customers," Christopher Reynolds, Toyota's chief counsel in the U.S., said in a statement.

Toyota's lengthy history of sudden acceleration was the subject of a series of Los Angeles Times articles in 2009, after a horrific crash outside San Diego that took the life of an off-duty California Highway Patrol officer and his family.

Under terms of the agreement, which has not yet been approved in court, Toyota would install brake override systems in numerous models and provide cash payments from a $250-million fund to owners whose vehicles cannot be modified to incorporate that safety measure.

In addition, the automaker plans to offer extended repair coverage on throttle systems in 16 million vehicles and offer cash payments from a separate $250-million fund to Toyota and Lexus owners who sold their vehicles or turned them in at the end of a lease in 2009 or 2010. The total value of the settlement could reach $1.4 billion, according to Steve Berman, the lead plaintiff attorney in the case.

The lawsuits, filed over the last several years, had been seeking class certification.

News of the agreement comes scarcely a week after Toyota agreed to pay a record $17.35-million fine to the National Highway Traffic Safety Administration for failing to report a potential floor mat defect in a Lexus SUV. Those come on top of almost $50 million in fines paid by Toyota for other violations related to sudden acceleration since 2010.

The massive settlement does not, however, put Toyota's legal woes to rest. The automaker still faces numerous injury and wrongful death claims around the country, including a group of cases that have been consolidated in federal court in Santa Ana, and other cases awaiting trial in Los Angeles County.

The first of the federal cases, involving a Utah man who was killed in a Camry that slammed into a wall in 2010, is slated for trial in mid-February.

The California cases are set to begin in April, among them a suit involving a 66-year-old Upland woman who was killed after her vehicle allegedly reached 100 miles per hour and slammed into a tree.

Edgar Heiskell III, a West Virginia attorney who has a dozen pending suits against Toyota, said he is preparing to go to trial this summer in a case that involved a Flint, Mich., woman who was killed when her 2005 Camry suddenly accelerated near her home.

"We are proceeding with absolute confidence that we can get our cases heard on the merits and that we expect to prove defects in Toyota's electronic control system," he said.

Toyota spokesman Mike Michels said the settlement would have no bearing on the personal injury cases.

"All carmakers face these kinds of suits," he said. "We'll defend those as we normally would."

The giant automaker's sudden acceleration problems first gained widespread attention after the August 2009 crash of a Lexus ES outside San Diego.

That accident set off a string of recalls, an unprecedented decision to temporarily stop sales of all Toyota vehicles and a string of investigations, including a highly unusual apology by Toyota President Akio Toyoda before a congressional committee. Eventually Toyota recalled more than 10 million vehicles worldwide and has since spent huge sums — estimated at more than $2 billion, not including Wednesday's proposed settlement — to repair both its automobiles and public image.

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Storm spares Chicago as mild winter nears another record

Meteorologist Jeff Berardelli, of Miami's CBS-4, has the latest on the paths of the winter storms.

For the second time in less than a week, a major winter storm is battering the Midwest. And once again Chicago has been spared.

Blizzard warnings have been issued for southern Illinois and parts of Indiana and Kentucky, with as much as a foot of snow whipped by 50 mph wind gusts.

In Pinckneyville, about 60 miles southeast of St. Louis, Rich Emling wasn't catching much of a break. Emling and other workers at his eight-truck towing business had been scrambling to muscle vehicles out of ditches and other tough spots since well before daybreak Wednesday as the region's first significant snowstorm of the season left its mark.

Emling, 43, wasn't expecting any relief later in the day, when he suspected slushy roads to freeze.

“I'm not going to say we're overly swamped, but we're certainly steady,” he said while hauling away a minivan that had slid off a road and hit a culvert. Even before dropping off that vehicle, Emling had another motorist in distress waiting for his help.

“When I was a kid, we had snowstorms all the time, but it seems like we get just two or three nowadays,” Emling said.

In Vincennes, Ind., a National Guard unit has been put on standby after the area received about 9 inches of wet, heavy snow. But Knox County emergency management spokeswoman Kellie Streeter said no major emergencies have been reported in the Vincennes area as of late Wednesday morning.

South of Vincennes, Gibson County Sheriff George Ballard said Interstate 64 and U.S. 31 in southwest Indiana were down to one lane. Ballard said the area has 6 to 8 inches of snow with ice underneath.

Authorities say traffic is light because most people have decided to stay home.

The sweeping storm system also unleashed rare winter tornadoes around the Deep South as it moved toward the Northeast.

The storm system has been blamed for six deaths and several injuries, though no one was killed in the tornadoes. The storms also left more than 100,000 without power for a time across the South, darkening Christmas celebrations.

Severe thunderstorms were forecast for the Carolinas while a line of blizzard and winter storm warnings stretched from Arkansas up the Ohio River to New York and on to Maine.

Thirty-four tornadoes were reported in Texas, Louisiana, Mississippi and Alabama during the outbreak Tuesday, the National Weather Service said.

In Chicago, snow flurries are in the forecast every day this week with highs in the 30s. The last time the high has been below freezing here was on Feb. 25, with a high of 27. The latest Chicago has gone without recording a subfreezing high was Jan. 1, 1924 during the winter of 1923-24.

With today's high already at 33 degrees, the city is within 6 days of the record, according to the Chicago Weather Center.

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Britain’s royal family attends Christmas services

LONDON (AP) — Britain‘s royal family is attending Christmas Day church services — with a few notable absences.

Wearing a turquoise coat and matching hat, Queen Elizabeth II arrived at St. Mary Magdelene Church on her sprawling Sandringham estate in Norfolk. She was accompanied in a Bentley by granddaughters Beatrice and Eugenie.

Her husband, Prince Philip, walked from the house to the church with other members of the royal family.

Three familiar faces were missing from the family outing. Prince William is spending the holiday with his pregnant wife Kate and his in-laws in the southern England village of Bucklebury. Prince Harry is serving with British troops in Afghanistan.

Later Tuesday, the queen will deliver her traditional, pre-recorded Christmas message, which for the first time will be broadcast in 3D.

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Corporate tax rate overhaul may be part of a 'fiscal cliff' deal

WASHINGTON — Amid the wrangling over the so-called fiscal cliff, President Obama and congressional Republicans can agree on something: They want to lower the corporate tax rate.

The U.S. has the highest overall rate of any of the world's developed economies. It took the top spot in March after Japan reduced its rate, mimicking other countries that have lowered taxes to lure new businesses and keep existing companies from leaving.

Negotiations to avert automatic income tax increases and federal spending cuts scheduled to kick in Jan. 1 could provide the impetus for U.S. policymakers to tackle an overhaul of the corporate tax code next year.

The White House wants to put a corporate tax overhaul, along with changes to the individual income tax system, on a fast track as part of any deal to avoid the "fiscal cliff."

The centerpiece of an overhaul would be slashing the 35% corporate tax rate, a goal long sought by corporate executives and lobbyists.

Quiz: How much do you know about the 'fiscal cliff'?

"In the name of global competitiveness, I think that has largely been agreed to," Jim McNerney, chief executive of Boeing Co., said about how both parties view the need for major corporate tax changes.

In February, Obama proposed lowering the federal rate to 25% for manufacturing companies and to 28% for other firms. Rep. Dave Camp (R-Mich.), chairman of the House Ways and Means Committee, has been pushing a plan to lower the rate to 25% for all corporations.

In both cases, the rate cuts would be accompanied by the elimination of some of the numerous tax breaks that allow many companies to pay a much lower effective tax rate — and sometimes to avoid paying any corporate taxes at all.

"The administration's position on this is very much in sync with what Republicans say they want, which is a lower rate and a broader base," said Jared Bernstein, a senior fellow at the Center on Budget and Policy Priorities and the former chief economist for Vice President Joe Biden.

But there still are some obstacles to a deal.

Some Democrats want to use an overhaul to increase the amount of tax revenue coming from corporations, while Republicans want to keep the amount the same. The White House and congressional Republicans also differ on how the U.S. should treat money earned abroad.

And the business community itself is divided. Many small companies file taxes as individuals. They're opposed to any "fiscal cliff" deal that would raise their rates while giving corporations a rate reduction.

Analysts said the obstacles could be overcome because there is consensus around the broader point that the U.S. needs to bring its corporate tax rate in line with other developed nations.

"Regardless of your political persuasion, it is unquestionably the case that the nominal U.S. corporate tax rate is much higher than that of peer countries," said Edward Kleinbard, a USC law professor and former chief of staff of Congress' Joint Committee on Taxation.

The case for corporate tax reform got a boost when the overall U.S. rate of 39.1%, which includes federal, state and local corporate taxes, became the highest this year among the 34 nations in the Organization for Economic Cooperation and Development. Two decades ago, the U.S. was 13th.

"At one time in the '80s, we had a competitive corporate tax rate," said Dorothy Coleman, vice president of tax and domestic economic policy for the National Assn. of Manufacturers. "We've fallen behind by standing still."

Quiz: The year in business

But the rate in the tax code isn't what many companies pay because of a host of deductions and tax credits. In 2011, the effective corporate tax rate in the U.S. was 29.2%, roughly in line with the 31.9% average of the six other largest developed economies, the Obama administration said.

The White House said that parity does not mean the statutory rate shouldn't be reduced. It simply means that many tax breaks should be eliminated, allowing the rate to be lowered without adding to the deficit.

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Christmas Eve shootings leave 7 hurt

Seven people were hurt, at least five seriously, in shootings on the South and West sides late Monday.

Four of the injured were hurt in a single shooting on the Far South Side, and all four were taken to local hospitals in serious-to-critical condition, according to the Chicago Fire Department.

The shooting happened shortly before 7:30 p.m. in the 9400 block of South Justine Street in the Brainerd neighborhood on the South Side, officials said.

A male opened fire, striking four males as they walked down the sidewalk, Chicago Police Department News Affairs Officer Amina Greer said, citing preliminary information.

A 15-year-old  and a 22-year-old  were taken to Advocate Christ Hospital in Oak Lawn, a 17-year old was taken to Mount Sinai Hospital and a 19-year-old  was taken to John H. Stroger, Jr. Hospital of Cook County, police said.

The 15-year-old was shot in the abdomen, and the 17-year-old was shot in the chest, police said. The other two men were shot multiple times.

Police said the condition of each was stabilized at the hospital.

About 11:50 p.m., a 21-year-old was shot in an attempted robbery in the Gresham neighborhood on the South Side, police said.

The victim was sitting in a parked vehicle in the 8200 block of South Marshfield Avenue when two males approached on foot and announced a robbery, Greer said, citing preliminary information.

Shortly after, one or both of the assailants shot into the vehicle, striking the man in the lower abdomen, police said.

The man was taken to Little Company of Mary Hospital and later transferred to Advocate Christ, where his condition was stabilized, police said.

About 9:05 p.m., a 19-year-old man was shot in the head in the 1200 block of West Washburne Avenue in the West Side's University Village neighborhood, police said. 

The man was taken to Stroger in serious condition, News Affairs Officer Veejay Zala said.

Earlier Monday evening, a 37-year-old man was shot in the leg and back in the South Side's Gresham neighborhood, police said.

The shooting happened in the 700 block of West 81st Street about 5:50 p.m., Zala said. The man was taken to an area hospital, where his condition was stabilized.

asege@tribune.com

Twitter: @AdamSege

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Just got a new iPhone, iPad or Android device for Christmas? Gameloft cuts popular iOS and Android games to 99¢

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A huge collection of odd TV stuff needs a home

LOS ANGELES (AP) — James Comisar is the first to acknowledge that more than a few have questioned his sanity for spending the better part of 25 years collecting everything from the costume George Reeves wore in the 1950s TV show “Superman” to the entire set of “The Tonight Show Starring Johnny Carson.”

Then there’s the pointy Spock ears Leonard Nimoy wore on “Star Trek” and the guns Tony Soprano used to rub out a mob rival in an episode of “The Sopranos.”

“Along the way people thought I was nuts in general for wanting to conserve Keith Partridge’s flared pants from ‘The Partridge Family,’” the good-natured former TV writer says of the 1970s sitcom as he ambles through rows of costumes, props and what have you from the beginnings of television to the present day.

“But they really thought I needed a psychological workup,” Comisar, 48, adds with a smile, “when they learned I was having museum curators take care of these pieces.”

A museum is exactly where he wants to put all 10,000 of his TV memorabilia items, everything from the hairpiece Carl Reiner wore on the 1950s TV variety program “Your Show of Shows” to the gun and badge Kiefer Sutherland flashed on “24″ a couple TV seasons ago.

Finding one that could accommodate his collection, which fills two sprawling, temperature-controlled warehouses, however, has sometimes been as hard as acquiring the boots Larry Hagman used to stomp around in when he was J.R. on “Dallas.” (The show’s production company finally coughed up a pair after plenty of pleading and cajoling.)

Comisar is one of many people who, after a lifetime of collecting, begin to realize that if they can’t find a permanent home for their artifacts those objects could easily end up on the trash heap of history. Or, just as bad as far as he’s concerned, in the hands of private collectors.

“Some of the biggest bidders for Hollywood memorabilia right now reside in mainland China and Dubai, and our history could leave this country forever,” says Comisar, who these days works as a broker and purchasing expert for memorabilia collectors.

What began as a TV-obsessed kid’s lark morphed into a full-fledged hobby when as a young man writing jokes for Howie Mandel and Joan Rivers, and punching up scripts for such producers as Norman Lear and Fred Silverman, Comisar began scouring studio back lots, looking for discarded stuff from the favorite shows of his childhood. From there it developed into a full-on obsession, dedicated to preserving the entire physical spectrum of television history.

“After a couple years of collecting, it became clear to me,” he says, “that it didn’t much matter what TV shows James watched in the early 1970s but which shows were the most iconic. In that way, I had sort of a curator’s perspective almost from the beginning.”

In the early days, collecting such stuff was easy for anyone with access to a studio back lot. Many items were simply thrown out or given away when shows ceased production. When studios did keep things they often rented them out for small fees, and if you lost or broke them you paid a small replacement fee. So Comisar began renting stuff right and left and promptly losing it, acquiring one of Herman Munster’s jackets that way.

These days almost everything has a price, although Comisar’s reputation as a serious collector has led some people to give him their stuff.

If he simply sold it all, he could probably retire as a millionaire several times over. Just last month someone paid $ 480,000 for a faded dress Judy Garland wore in the 1939 film “The Wizard of Oz.” What might Annette Funicello’s original Mickey Mouse Club jacket fetch?

He won’t even think about that.

“I’ve spent 25 years now reuniting these pieces, and I would be so sick if some day they were just broken up and sold to the highest bidder,” he says.

He, and every other serious collector of cool but somewhat oddball stuff, face two major obstacles, say museum curators: Finding a museum or university with the space to take their treasures and persuading deep-pocketed individuals who might bankroll the endeavor that there’s really any compelling reason to preserve something like Maxwell Smart’s shoephone.

“People hold television and popular culture so close to their hearts and embrace it so passionately,” says Dwight Bowers, curator of entertainment collections for the Smithsonian’s National Museum of American History, who calls Comisar’s collection very impressive. “But they don’t put it on the same platform as military history or political history.”

When the Smithsonian acquired Archie Bunker’s chair from the seminal TV comedy “All in the Family,” Bowers said, museum officials took plenty of flak from those offended that some sitcom prop was being placed down the hallway from the nation’s presidential artifacts.

The University of California, Santa Cruz, took similar heat when it accepted the Grateful Dead archives, 30 years of recordings, videos, papers, posters and other memorabilia gifted by the band, said university archivist Nicholas Meriwether.

“What I always graciously say is that if you leave the art and the music aside for one moment, whatever you think of it, what you can say is they are still a huge part of understanding the story of the 1960s and of understanding the nation’s counterculture,” says Meriwether.

Comisar sees his television collection serving the same purpose, tracing societal changes TV shows documented from the post-World War II years to the present.

The Academy of Television Arts and Sciences Foundation looked into establishing such a museum some years back, and Comisar’s collection came up at the time, said Karen Herman, curator of the foundation’s Archive of American Television.

Instead, the foundation settled on an online archive containing more than 3,000 hours of filmed oral history interviews with more than 700 people.

While the archive doesn’t have any of Mr. Spock’s ears, anyone with a computer can view and listen to an oral history from Spock himself, the actor Leonard Nimoy.

Comisar, meanwhile, believes he’s finally found the right site for a museum, in Phoenix, where he’s been lining up supporters. He estimates it will cost $ 35 million and several years to open the doors, but hopes to have a preview center in place by next year.

Mo Stein, a prominent architect who heads the Phoenix Community Alliance and is working with him, says one of the next steps will be finding a proper space for the collection.

But, really, why all the fuss over a place to save one of the suits Regis Philbin wore on “Who Wants to be a Millionaire”?

“In Shakespeare’s time, his work was considered pretty low art,” Comisar responds.

Oh, he’ll admit that “Mike and Molly,” the modern TV love story of a couple who fall for each other at Overeaters Anonymous, may never rank in the same category as “Romeo and Juliet.”

“But what about a show like ‘Star Trek’?” he asks.

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Rumored iPad 5 to be thinner

By Chris O'Brien

1:03 p.m. CST, December 24, 2012

That iPad 3 you got last March? Forget it. It's like the eight-track tape  of tablets. (Kids: Ask your parents what that means.) Even that iPad 4 you're about to unwrap Christmas morning that you think is so darn new is about to become yesterday's news. 

At least, that is, if the latest iPad rumors are true. According to the Japanese blog Macotakara, the next iPad is due to hit in March. At which time, all previous versions of the iPad will feel like bricks.

QUIZ: What set the Internet on fire in 2012? 

The site reports that the fifth version of the iPad will be thinner and lighter than the last iPad. For those of you hoping that Apple's next version of the iPad would be heavier and clunkier, this is no doubt crushing news.

For the rest of the planet, however, this is pretty much what you'd expect from Apple. Macotakara says its sources say the next iPad will be 2 millimeters thinner and 17 millimeters narrower. 

If true, it marks a continuation of the accelerated product update cycle that kicked into gear this past year under Apple CEO Tim Cook. 

According to 9to5Mac.com, if the dimensions are correct, "The new supposed thinness would mean the next iPad is nearly as thin as the 7.2mm thin iPad mini."

Speaking of the Mini, Macotakara reports that Apple is cooking up a retina screen for the next iPad mini. 

Here's the real thing iPad owners need to fear: How long will Apple continue to support those older iPads? It already doesn't let owners of the first iPad download new versions of iOS. 

ALSO: 

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Follow me on Twitter @obrien.

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4 firefighters shot, 2 fatally, responding to New York house fire

WEBSTER, N.Y. -- Four volunteer firefighters responding to an intense pre-dawn house fire were shot Monday morning, two fatally, leading to a shootout between a suspect and police in suburban Rochester, N.Y., police said.

"One or more shooters" fired at the firefighters when they arrived shortly after 5:30 a.m. at the blaze near the Lake Ontario shore, just east of Rochester, Town of Webster Police Chief Gerald Pickering said.

The first Webster police officer who arrived exchanged gunfire with a shooter, Monroe County Sheriff Patrick O'Flynn said. Police would not give details on the whereabouts of a suspect, with O'Flynn saying only there was no active shooter at the scene later Monday morning.

The two wounded firefighters were in critical condition at a Rochester hospital, O'Flynn said. A spokeswoman at Strong Memorial Hospital said two Webster firefighters were being treated for gunshot wounds and were in "guarded" condition.

The West Webster Fire District early Monday received a report of a car and house on fire on Lake Road, on a narrow peninsula where Irondequoit Bay meets Lake Ontario, O'Flynn said.

The fire started in one home and spread to two others and a car, officials said. The fire appeared from a distance as a pulsating ball of flame glowing against the early morning sky, flames licking into treetops and reflecting on the water, with huge bursts of smoke billowing away in a brisk wind.

The gunfire initially kept firefighters from battling the blazes, but they were doing so late Monday morning, officials said.

Monday's shooting and fires occurred in a neighborhood of seasonal and year-round homes set close together across the road from the lakeshore. The area is popular with recreational boaters but is normally quiet this time of year, O'Flynn said.

"The whole strip's been evacuated," resident Michael Damico told the Rochester Democrat and Chronicle. "They're evacuating all of the houses and going through them."

O'Flynn lamented the violence, which comes on the heels of other shootings including the massacre of 20 students and six adults at Sandy Hook Elementary School in Newtown, Conn.

"It's sad to see that that this is becoming more commonplace in communities across the nation," O'Flynn said.

Webster, a middle-class, lakeside suburb, now is the scene of violence linked to house fires for two Decembers in a row.

Last Dec. 7, authorities say, a 15-year-old boy doused his home with gasoline and set it ablaze, killing his father and two brothers, 16 and 12. His mother and 13-year-old sister escaped with injuries. He is being prosecuted as an adult.

Associated Press and Reuters contributed

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8 New Etiquette Rules for Using Gadgets in the Office

As the use of personal technology increases at work, it’s important to observe some new etiquette rules about how we use it. Here are eight of the most important rules to follow at work when it comes to cell phones, email, and other modern technology.

1. Using speaker phone when others can hear you. Playing back your voicemail messages on speaker phone or conducting an entire call on speaker phone is distracting to people trying to work around you. Even if you’re in an office with the door closed, speakerphone noises tend to travel. Don’t value your hands-free convenience over the ability of others to focus on their work.

2. Keeping your cell phone out so you can glance at it during meetings. Glancing down at your phone while you’re supposed to be focused on a meeting signals that you’re bored, not fully engaged, or don’t respect the time of the people you’re meeting with. If you must keep your phone out because you’re expecting an important call or text, explain that at the start of the meeting so that people don’t assume you’re just being rude.

3. Don’t overuse “reply all.” When multiple people are included on an email chain, they don’t all need to see your reply of “thanks” or “will do.” Only use “reply all” if everyone included truly needs to see your response; otherwise, stick with “reply” so your response goes only to the sender and doesn’t clutter multiple in-boxes.

4. Don’t email and phone with the same message; pick one or the other. Nothing is more annoying than starting to read an email, only to have the email’s sender pop his head in your office to repeat the same message.

5. Turn off your cell phone’s ringer if you leave it behind while you’re away from your desk. Ask any office worker, and you’ll hear stories about the annoying guy who leaves his phone behind with his ringer on full-volume while he goes to meetings … leaving his co-workers forced to hear repeated renditions of “Who Let the Dogs Out” or whatever else he’s chosen for his ringtone.

6. Placing calls from a noisy location. If you make a call, ensure you’re somewhere where you and the person you’re speaking with will be able to hear each other–and where you can give your full focus. It’s irritating to get a call from someone who immediately puts you on hold to order coffee because she just reached the front of the line.

7. Keep religious and political messages out of your email signature. Including religious or political messages is likely to offend or at least irritate some of your recipients, and introduces topics that don’t belong in a professional setting. Keep your sign-off neutral and professional.

8. Don’t use your work email as your personal email. In most offices, sending occasional personal emails from your work account is fine, but you should use your personal account for most personal things. If you treat your work email as your default personal account, chances are good that when you leave your job and your inbox and sent folder are full of personal messages, one of your co-workers will be stuck reading through all of them, as they clean out your account for your replacement. In the best case scenario, that’s merely a nuisance for a co-worker –but in the worst case scenario, it could lead to embarrassing revelations.

Alison Green writes the popular Ask a Manager blog, where she dispenses advice on career, job search, and management issues. She’s also the co-author of Managing to Change the World: The Nonprofit Manager’s Guide to Getting Results, and former chief of staff of a successful nonprofit organization, where she oversaw day-to-day staff management, hiring, firing, and employee development.

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