New York Recent Legal Answers from Lawyers

More facts are required before any lawyer could provide you with a definitive answer.   If you Google the internet for your question there are quite a number of posts which are inaccurate or wrong.   See this attachment:   https://dol.ny.gov/system/files/documents/2022/01/osh-te-2022-2023-rfp-clean-01.31.22-1_0.pdf   I believe your answer may be found on page 5.   The caution here is that if you deny an employee wages to "suffer labor", meaning for your benefit, you do so at your own risk. If, on the other hand, the training is broadly applicable, maybe, depending on the position, a CPR certificate, it might be for the employee's benefit which benefits you as well. Whoever provides you with an opinion, on this issue, which this certainly is not, should charge you because providing the incorrect one could cost you dearly. Good luck. Not legal advice.... Read Answer

I'm sure you don't want to hear this but you should contact a traffic lawyer in your jurisdiction as soon as possible. Depending on the jurisdiction that you live in, the prosecutor's office may or may not negotiate with dropping points or reducing the ticket, but if they negotiate then your attorney will know best how to negotiate with the prosecutor on your behalf. However, if you live in a jurisdiction like NYC, the traffic violations bureau does NOT negotiate at all. In that case, you would want to take the ticket to trial, and certainly you would want to have the best representation when it comes to conducting a traffic court trial, cross examining the Police Officer, and presenting evidence on your behalf.    I hope this information is helpful. ... Read Answer

Domestic Violence cases can be a bit tricky. District Attorney's Offices operate under the impression that a large percentage of the time, victims on DV cases end up forgiving their partners, recanting their statements, and become uncooperative with the DA's office overall.  It sounds to me like you are the complainant on the case you're speaking about. If that's the case, the most important thing for you to do, or rather not do at this point is try to contact your partner if there is an order of protection issued against them in your favor. Even if you don't want the order of protection, that order is a COURT order and cannot be waived by anyone other than the Court. If the defendant on the case is found to be speaking with the complainant, regardless of whether the complainant is the one who initiated the contact, the defendant will be rearrested and charged with Criminal Contempt for violating the order. Additionally, if you have a "family relationship" with the defendant i.e. husband/wife, you have a child in common, etc., you may be able to have the order modified in Family Court to make it easier to speak with the defendant.  With that being said, as far as how you can "withdraw" the case, you should get in contact with the defendant's attorney and let them know that you do not want to proceed with the case, and that you are seeking to sign a dismissal affidavit. His/her attorney should then draw one up for you to sign and have notarized. This can oftentimes be helpful in these types of cases. Additionally, if the ADA contacts you, you should let them know that you will NOT sign a supporting deposition or cooperate because you do not want to continue with the case.  Bearing that in mind, you should be aware that the DA's office may not outright dismiss the case even with a dismissal affidavit. Sometimes, particulary in severe cases, they try to prosecute through alternate means, such as using photographic evidence, 9-1-1 phone calls, hearsay statements that are admissible because they are subject to exceptions to the rule, etc. If you are interested in learning more about domestic violence and orders of protection, I have an article on OOP on my blog that you may find helpful. https://www.michaelschillinger.com/blog/2020/12/understanding-temporary-orders-of-protection-tops/... Read Answer

The short answer to your question is yes, it could potentially be dismissed based upon those grounds. However, getting to a dismissal can be a difficult road. There are a few different ways that you can get there - 1) Your attorney can negotiate with the district attorney, provide them with this information, provide them with proof that the vehicle belonged to a friend and that you could not have possibly known that the plates were forged. 2) There may be some sort of deficiency in the criminal court complaint that could lead to a dismissal. 3) If all else fails, you may be able to get an acquittal at trial, if the Prosecution is unable to prove beyond a reasonable doubt that you, with the intent to defraud, deceive, or injure another, falsely made, completed, or altered the plates.    With all that being said, your attorney should be in contact with the District Attorney's Office, informing them of this information and negotiating a plea deal on your behalf. It's very unlikely that a case like yours, with your background (no prior arrests and 18 yo) would end up with any type of criminal disposition on a misdemeanor forgery case. However, it may be a situation where the District Attorney isn't willing to outright dismiss the case, but instead would offer you some sort of non-criminal disposition, such as an adjournment in contemplation of dismissal with some community service, or a disorderly conduct violation with a fine. ... Read Answer

It's difficult to say without speaking with you further, but, just speaking very generally - you may be able to initiate a suit against him for custody of the animal. One thing that would be important to note is that you indicate that you were the one who paid for the dog, and that you paid for vet bills and care of the dog as well, all of which is in your favor. With that being said, he may also have an argument that you purchased the dog as a gift for him. Your best bet though is to speak with an attorney and go over all of the specific details in your case. ... Read Answer

I moved your question to breach of contract, contracts, chancery and equity. You will or should resolve this in small claims court. All of those courts have mediators who try to help parties negotiate resolutions on these types of claims. Most of the time they succeed. If they don't then a small claims judge will decide the matter. You are describing a scenario which reminds me of a law school exercise we analyzed decades ago. A homeowner looks out his front window and notices a law service mowing his yard. He mows his own lawn. He never hired a lawn service. He thinks the lawn service is making a mistake but just waves to the mower through the window. He thinks he will never owe for the lawn mow that day. He's wrong. A court of chancery or equity will step in to correct the wrong. Had the homeowner not waved or maybe was not home he would owe nothing. But by the homeowner acknowledging that this lawn was being mowed by waving he consented to or ratified an implied agreement that he would pay the reasonable value of the lawn mowing services when he did not stop the lawn service which the homewoner knew was making a mistake. He could have saved himself the lawn mowing bill by yelling out the door or window "wrong house or wrong lawn". By remaining silent he consented to pay a reasonable amount, probably the going rate for lawn mowing in that neighborhood, and the homewoner in this scenario will likely owe the cost of small claims court fees if he chooses to contest what is an open and shut fact scenario. In your case, you have a history or what you normally pay for services. If you paid less than that you will need to prove that the services were not reasonably the same. It's been raining much more and for more months in the past year. In your situation if you normally paid X dollars per mow or knew that was what you paid and the service mowed 30 or 40 percent more weeks this past year because of warm weather and excess rain, there is a possibility that you may owe more money unless you can prove by some documents that your agreement was unchanged regardless of mows. Think of the above example during mediation. If the mower could have stopped mowing mid-September and fully performed services but kept mowing without you informing it to stop you probably owe more money. This is just an example since your specific facts are unknown as is any agreement formalized with your mowing service which often times are absent. It's the mower's word and what they did versus yours and what you did to stop or not stop them from suspectingly continuing. Good luck.... Read Answer

Mr. Smith, sorry to hear what you went through.  Unfortunately, the statute of limitations for personal injury cases in New York is only three (3) years which means you may be out of time in which to file a lawsuit.  You are, of course, free to speak with a personal injury attorney.  You can find one using the Find a Lawyer tab on the Lawyers.com homepage.  Keep in mind that you might have difficult medically connecting inhalation of toxic dust with a traumatic brain injury or the other medical conditions which you are alleging. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 www.kdrpilawyers.com... Read Answer

It's hard to predict that because judges' schedules determine dates. I am without knowledge regarding how you were discriminated but it's important to consider that "retirement" will not help wage loss damages calculations. A number of years ago a general practice lawyer, with about 40 years of experience, called me. He had failed to advise his client that it was imperative to keep looking for work and to keep a detailed log of every job a terminated employee applied for and was rejected after the "discriminatory" job loss. Mitigation of damages is key for all terminated employees. Remember that the courts tell us that employment discrimination damage awards are not a lottery ticket. What the courts mean is that every discriminated employee must prove the damages she or he has suffered. And the first prong of calculating damages is to examine past wage loss. For any period of time in which an employee was not seeking alternate employment many courts, if not all, may conclude that an employee did not mitigate damages and therefore will not award based on wage loss. During this pandemic I have personal knowledge of an employee who was reluctant to leave their job because they were of advancing age. They were certain that no one would hire them given their age. But as fate would have it, an employer from a far away state was willing to give them a remote job, working from home, earning more money than they earned from their prior employer. And with technology those possibilities are ones which I have heard about over and over again. I have spoken with and represented employees earning $500,000 as well as $50,000 pre-pandemic. And these employees have landed out-of-state positions, working from home here in New York, without ever leaving their residences, to interview, get hired, and perform jobs from home. Speak with your NYS DHR lawyer about mitigation of damages and what your best case scenario outcome might be if you failed to mitigate. My employment law reality check videos on YouTube suggest calling many employment lawyers for good reason. The Division of Human Rights does great things. But when pre-hearing conferences or settlement opportunities go nowhere sometimes it's because one or both sides have not deeply examined their positions or expectations. The judges who conduct those conferences are not ones who will hear your case. But they have witnessed hundreds or more complainants with very good lawyers lose those hearings more often than win them. Read the decisions. Both sides must be realistic about resolution. Take a look at decisions or orders of the New York State Division of Human Rights, paying special attention to the percentage of complainants who win at hearing, as well as the dollar amounts of awards. Google it. Those decisions, posted on-line, are valuable. Stay healthy and good luck. ... Read Answer

I moved your question to wage and hour law. The government agencies which oversee this are: New York State Department of Labor which operates consistent with the policies and procedures of the United States Department of Labor. Everyone is entitled to be paid for all of the hours worked. Apparently the employer admits that it owes you more money. Here is a suggestion. Not legal advice. Write them a certified return receipt letter (green card which is returned to you by the USPS proving the employer received your letter - costs you less than $10). A suggestion of what you might write to the owner of the business: Dear owner, I worked for you from X date to Y date. On Z date I informed you that this was not a good fit for me. I am entitled to be paid XX dollars. This includes YY hours at ZZ hourly rate plus approximately ZZZ in tips as discussed when I was hired. I demand that you pay me XXX dollars by mailing a check to my  address at: _______________ or direct depositing into account # if you authorized that when you were hired, no later than (10 days after you estimate the owner receives the letter) or I will need to file a small claims court lawsuit and ask the court to award me the above amount plus all the costs and expenses and anything else the court may deem appropriate. Signed, dated, and make sure to keep copies of everything. After the time period expires, and you have received the green card with the business owners signature go to the small claims court clerk in the county where the business is located or where you live and ask them to help you complete the forms. You will attach all of the above and a copy of the green card proving the employer received your demand to your lawsuit. Good luck. Not legal advice and I do not handle small claims matters but the above should at least get you started. The other option is to file a complaint with New York's Department of Labor but that could take a very long time, even though small claims court may not be as fast as you want either. Hopefully the restaurant owner will see the light when it receives your demand, pay you what you are owed, and you can move on. ... Read Answer

Everyone is entitled to be paid their wages or salary earned. Some employees have written agreements while others rely on verbal or handshake deals. Either one is valid although the verbal or handshake one is much harder to prove without witnesses or other evidence to support the pay rate. It looks like the pay rate had nothing to do with your quitting. By that, I mean, that the employer was paying you 700 weekly before you quit. In that scenario it should be much easier to prove that your agreement, regardless of whether it was put in writing or just verbal, and regardless of whether you agreed to work for a specific time period or were like most "at will" employed, should be enforceable. It also looks like you will potentially be filing a lawsuit in small claims court. The county small claims court clerk should be able to provide you with forms to help draft the complaint. The county where you performed services or where you live are the clerks you should contact. Before you start filing lawsuits you might consider a certified or registered letter to your former employer. This is not legal advice but the letter might read soemthing like this: Dear former employer, I worked until X date. Before then I informed you that I was "leaving". I had been paid X dollars a week before I resigned. My last paycheck was only for Y dollars (see attached). I should have been paid Z dollars instead (see copies of emails, texts contracts attached showing the higher rate). There was no policy or contract which I am aware of that required me to do anything before I resigned. I did not sign any authorization that you could deduct anything from my final paycheck except the normal deductions for taxes, etc... that you had been taking out all along. You owe me AA dollars plus interest, my costs of filing suit if I have to plus whatever else a court awards. I look forward to receiving BB dollars from you at CC address by DD date or I will have to pursue formal legal action. Sincerely, your name. Then when you file in court the above plus attachments will essentially be your lawsuit plus whatever the clerk suggests you add. Keep the signed return green card from the post office proving that your employer received your demand letter plus copies of the letter, receipts, attachments. Good luck. You should get paid. Small Claims Court.... Read Answer

Sorry to hear what you're going through.  Given how much they cost to litigate, medical malpractice lawsuits do not make sense unless you've suffered a serious, permanent injury.  Without minimizing what you went through, emotional distress, without more, would not justify such a lawsuit.  You may wish, however, to file a complaint with the Office of Professional Medical Conduct (OPMC), https://www.health.ny.gov/professionals/doctors/conduct/. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 http://kdrpilawyers.com/   ... Read Answer

As far as potential jail time, that will depend upon a number of different factors, including what you are actually charged with, what your criminal history is like, as well as any mitigating factors that your attorney might be able to present to the DA's office on your behalf. It's unclear how you stole the $200.00, so that will influence what you are actually charged with as well. For instance, if you simply stole $200.00 out of her desk when she wasn't looking, then you may find that you are charged with Petit Larceny, which is a misdemeanor crime and carries up to a year in jail or three years probation. Alternatively, if you forcibly stole the property from her you may find yourself charged with Robbery, which is a felony and potentially carries significantly more jail time than a misdemeanor - as far as how much jail time, that depends on specific Robbery charge that you are charged with, which will depend on the specific facts of your case (i.e. if you used a weapon in the commission of the crime, caused an injury, etc.)  With all that being said, as far as surrendering yourself to the police department, you should definitely retain an attorney to represent you during any interrogation procedure that may occur with the police, or at a bare minimum speak with an attorney before surrendering yourself so that you understand your rights when dealing with the police department (such as your right to remain silent and refuse to answer questions).  Additionally, as far as your case, your attorney should be able to negotiate with the District Attorney's Office and, again depending on the specific facts and circumstances of your case, may be able to negotiate you a plea agreement which involves no jail time. ... Read Answer

As far as potential jail time, that will depend upon a number of different factors, including what you are actually charged with, what your criminal history is like, as well as any mitigating factors that your attorney might be able to present to the DA's office on your behalf. It's unclear how you stole the $200.00, so that will influence what you are actually charged with as well. For instance, if you simply stole $200.00 out of her desk when she wasn't looking, then you may find that you are charged with Petit Larceny, which is a misdemeanor crime and carries up to a year in jail or three years probation. Alternatively, if you forcibly stole the property from her you may find yourself charged with Robbery, which is a felony and potentially carries significantly more jail time than a misdemeanor - as far as how much jail time, that depends on specific Robbery charge that you are charged with, which will depend on the specific facts of your case (i.e. if you used a weapon in the commission of the crime, caused an injury, etc.)    With all that being said, as far as surrendering yourself to the police department, you should definitely retain an attorney to represent you during any interrogation procedure that may occur with the police, or at a bare minimum speak with an attorney before surrendering yourself so that you understand your rights when dealing with the police department (such as your right to remain silent and refuse to answer questions).    Additionally, as far as your case, your attorney should be able to negotiate with the District Attorney's Office and, again depending on the specific facts and circumstances of your case, may be able to negotiate you a plea agreement which involves no jail time. ... Read Answer

I 140, PWD, and premium processing are not your forms: they are filed by the employer and the employer is the attorney's client. I 485 form, I 765 are your forms. You can consult with a malpractice attorney regarding the delays, however, keep in mind that the employer's portion of the case is not technically yours even through you are the beneficiary, and it is the employer not you who would have to 'sue' if there are violations of standard of care and damages.... Read Answer

If your employee filed for an extension of their EAD and received a letter confirming that their original EAD is automatically extended for 180 days from the date of its expiration, a company may continue employing them. You can look at I 9 employment book and see what documents may be accepted as proof of employment eligibility. ... Read Answer

Human resources may and often will conduct an investigation. The purpose would be to determine whether there is a problem in the workplace. Sometimes the problem an employee complains about is not the real problem or there's no problem at all. Even under the new more protective state Human Rights Law petty slights or  trivial inconveniences are not actionable. That does not mean that more training might be a good idea for everyone. Good luck. During COVID more employees have complained about everything because everyone is stressed. We all believed modern medicine could cure anything and now most of us who are paying attention know better. Stay safe.... Read Answer

Yes, the moratorium has expired. You may proceed. However, if the tenant filed with the srate for emergency rental assistance, your proceeding will be stayed pending the determination of your tenant's application. If your tenant does not have a lease or the lease expired, you should consider a Holdover eviction action.... Read Answer