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Donald Scarinci

Donald Scarinci’s Answers

6 total

  • No need to file NJ return, am I correct on no need to be mailing any NJ quarterly payments?

    retired on ss, just have interest income and some third party sick pay.

    Donald’s Answer

    You always need to pay income tax on the money you earn even though you may get a refund. As far as not filing a return, I don't know where you got that idea but you'd better see an accountant ASAP and reconsider.

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  • In Tax Court, does a stipulated decision get signed by the judge?

    My understanding was that, even if the decision results from an agreement of the parties, it has to also be approved and signed by the judge. Is that correct? If not, how is it supposed to work?

    Donald’s Answer

    Your understanding is correct. Your tax court attorney should file the stipulation of settlement with the court.

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  • Can I be forced to sign a non- compete agreement or be fired? I am not a new hire.

    I was given a review yesterday...in which, the owners of my business sang my praises and told me how blessed they were to have me as a part of their team. They asked me if I had any ideas for marketing.(- as a prior business owner) We had a glass ...

    Donald’s Answer

    It sounds like you are an at-will employee working without a contract already and that your employer seeks to alter that arrangement by presenting you with a contract to sign. Employment contracts are always subject to negotiation. Like any contract, some terms are more important than other, ie., compensation, benefits, vacation and sick time, etc. You will need to decide how important a non-compete cluase is to you and how valuable it might be to your employer.

    Non compete clauses have limitations. They need to define a narrow and reasonable geographic boundary and they cannot be overbroad and have the effect of eliminating competition when your employment with your current employer ends. You should take the contract to a Florida lawyer and get advice under Florida law about the non-compete. You should also reach a conclusion yourself about your employer's motives.

    I hope this helps you.

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  • I worked at a clinic about three years ago and left the job in a great standing. Now the HR dept says I violated Hippa

    I had worked at a great job and never had an issue at work. I reapplyed a few years after I left and HR said my employee file says I violated HIPPA and am ineligible for rehire. This wasn't an issue when I was employed there and I think they are m...

    Donald’s Answer

    Violating HIPPA is a very serious thing and this could hurt you in the future if you do not clear it up now. You need to get your former employer to review the matter. If you still have the employee manual, there may be something that could help you in the manual. If you don't still have it, request one. You should contact a lawyer in your area who is familiar with employment law and HIPPA.

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  • Is a paper signed in front of a witness legally enforceable?

    My brother and I signed papers as to what my mom wanted done when she died in front of her and a witness. The papers state by us signing we are honoring that what was in the papers will be done. Is it legally enforceable, if she was unable to sign...

    Donald’s Answer

    State laws on this subject vary widely, however it may not matter to the ultimate result. Many Americans die intestate--without a will. The law is very clear about how such estates are distributed during probate. Depending on what your mother directed in front of the witness, her wishes might be achieved regardless of the answer to your question.

    When you look for an attorney, find one in your state who has experience in both probate and tax. Even where a will is defective, your mothers last requests might be possible if everyone who might otherwise benefit from the estate is willing to honor them, however there might be tax consequences to those people.

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  • My husband dumped some trash in dumpster in Florham park in NJ and Police cut him and he must go to court

    I asked him to dump the garbeg. I feel very bad and I do not know what will be the consequances to go to court. Please advise

    Donald’s Answer

    I think the best advice is to find an attorney who regularly appears in the Florham Park Municipal Court, assuming the summons is returnable there. Someone local would have the best knowlege of the charge and the attitude of the municipality toward the charge and would be in a good position to negotiate a plea.

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