New York Recent Legal Answers from Lawyers

If the settlement agreement you signed is properly drafted there shouldn't be uncertainty about when you will receive the settlement payment. The agreement should state how much is the payment you should will get, when the deadline for the payment to be made and what remedy is available to you if the payment is not made by the deadline. In short, your answer should be in the settlement agreement if it was drafted properly.... Read More

You can probably use the DBA to create a new LLC of the same name.  You can open an LLC in any state in the country, no residency required. Mostly, you need to speak with a business attoney to get the facts straight and set things up correctly, Sincerely, Andrew M. JaffeAttorney at law 330-983-4842Afternoons Eastern Time... Read More

You could be setting yourself up for liability with trying to out them by yourself.  Your best course of action is to contact the police or FBI for assisstance. However, I always caution people not to enter the legal arena without speaking with a lawyer first to avoid any unintended consequences such as your having sent pictures as a minor.... Read More

Your employer has a duty to maintain a safe workplace. If the coworker who threatened you is truly a problem child with a history of aggressive behavior, its time to collect allies and pitch your case to management for whatever that may be: new rules, his termination, etc.  That effort is called concerted activity and it is protected under the NLRA.  If he used offensive language targeting your protected demographic (age, religion, race, etc.), that is a criminal offense and workplace harassment and presumably you've told HR already and they either yawned, or he didn't go that far. If this was a one-off spat, and both of you have clean disciplinary histories, the law is the law but there's no teeth to your claim. You're presumably a full-grown, able bodied, male. I found a such a person using your name online who maintains a profile that works in NY in the security industry. Someone has threatened you in the course of your duties. What does your training suggest. You know waht he said, I do not. Was it an imminent threat that would put a reasonable person in fear of life or limb? If yes, you kno what to do. If not, go back to work and try to patch things. Up. Everyone deserves a second chance, but not a third. Put HR on notice of his actual words and that you believe he is a danger or otherwise unstable, unfit, etc. That beahvior is almost certianly unbecoming a security officer but forcing management to act is an art, not a science, and often futile. ... Read More

I'd like to know whether you're actually an indie contractor or if this Major News Organization is taking liberties to avoid the full weight of NY labor law they undoubtedly support in their hot takes. To be sure, professional writing and editing have all the trappings of exempt FLSA status, but if you're not really independent, then you're still an employee even if you are exempt from OT. The easiest test for independence is whether you have other clients and a written contract for your services. If the answer to both is "Yes," it still may be a good idea to shake the tree in a consult, but if the answer to one of those most basic quetions is "No," Do Not Pass Go or collect your $200 until you get a consult.... Read More

Are US citizen living in a foreign country can sponsor their sibling, but the current processing speed is roughly 15 years before a visa becomes available. You can sponsor your parents as your immediate relatives and visas are available now but the processing speed will be about 18 months before they obtain their green cards. ... Read More

You first need to familiarize yourself with your obligations as a NY employer. Start here: Sexual Harassment Prevention Model Policy and Training (ny.gov) You need to execute (and implement prospectively) the minimum standards, such as making a model complaint for available and adopting the minimum standard policy. For the incident at play, review your obligations about conducting a confidential investigation. That should include interviewing the reporting party, the purported victim, and the alleged offending employee.  Running a business anywhere is not easy and at this moment, NY is not making it any easier. You should have a viable relationship with a business and employment attorney (meaning, not necessarily someone on retainer but accessible communications to sort the wheat from the chaff from in the first instance). The internet is not the best place to have to turn in your time of legal need. There is no menu or list of outcomes explaining how to conclude your investigation or what to do once done. That is left for you, but you have to document your process and maintain confidentiality of the sensitive data collected.... Read More

Rosario, sorry to hear that your attorney is not being more responsive.  Best course of action would be to speak with the paralegal and schedule an in-person meeting with  your lawyer.  Don't take no for an answer.  If your attorney is refusing to meet with you, you can always look for a new lawyer (although that will arguably delay your case even further).  Sometimes even the suggestion that you might start looking for a new lawyer is enough to get someone's attention. From what I can gather online, your case is still in discovery, 159053/2018.  There was a court conference back in April which resulted in a discovery order directing two of the defendants to appear for depositions in June (ACM and Macy's).  Unclear whether they went ahead or if discovery is now complete.  There was supposed to have been a further compliance conference on July 11, 2023. Keep in mind that five (5) years is not that old for personal injury lawsuits, especially in New York.  Before Covid, the court system was already backlogged.  Covid made things even worse. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC www.kdrpilawyers.com ... Read More

Sorry to hear what happened to your vehicle.  Under New York General Obligations Law § 3-112, parents are responsible for the intentional acts of their children who are over the age of 10 and which result in property damage. New York Consolidated Laws, General Obligations Law - GOB § 3-112 | FindLaw  Parental Responsibility Laws in New York | Nolo Where the property damage was not caused intentionally, however, the parents are not responsible.  That said, a responsible neighbor should offer to pay for the damage, regardless of whether the law compels them to do so. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC www.kdrpilawyers.com ... Read More