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Michael Lubing

Michael Lubing’s Answers

42 total


  • My residence is included with my employment. Can I be evicted while on NYS Disability, following surgery?

    I have been off work following a necessary surgery. My employer doesn't feel that this time off is necessary, as he knew someone that had the same surgery and wasn't off work as long as me. I returned to work 100% healed, but damaged the operate...

    Michael’s Answer

    There are a number of issues here, and you will need to consult an attorney with expertise in both real estate law and employment law. Many attorneys provide free consultations.

    One of the most important issues is to determine what your employment status is. Are you still employed by this company? Are you on FMLA leave? Is this a worker's comp case? Without more details, it's going to be extremely hard for an attorney to assist you.

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  • Derivative asylum for my husband was approved in 2010 Our country Gov put him in jail now his visa is in administrative closure

    I was granted political asylum in 2010. I am not citizen yet. I got my green card in 2011. My husband's visa is in administrative closure because he couldn't go to the embassy as he was in political jail. My lawyer filed a I-129B in dec 2013. He w...

    Michael’s Answer

    At this point, the best thing that you could do is follow up with your immigration attorney regarding the status of the I-129B and your husband's case. These things do take time, but only your lawyer can give you an update regarding your case, given your particular circumstances.

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  • Is being fired for drug use without proof legal?

    I was fired because a co-worker told a superior that I smoke weed. I was drug tested last week and am still waiting on the results, that will surely come back negative, like the previous drug screening I did for the same company. Also, due to lack...

    Michael’s Answer

    Yes it is. New York is an "at will" state meaning that you can be fired for any (or no) reason. Unless you're being discriminated against based on a protected characteristic like race or sex, you generally will not have a discrimination claim, and may not have any claim against your employer. You may want to contact a NY attorney for a consultation to discuss this matter further.

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  • Employment issue

    Hi I work for St. Luke's Cornwall hospital in Newburgh New York. i am a 1199 union employee working in nuclear medicine as a technologist. There had been a lay off at the hospital on oct 17th 2013 and i was one among them. I had been working...

    Michael’s Answer

    I agree with the other answers, and would add that you may also want to contact your union representative and discuss this issue with them.

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  • Fired while on medical leave

    I've been fired from job of 17 years because I am ill and have used up my 12weeks of FMLA leave. I am 52 years old and I know they took advantage of my illness to get rid of someone my age and save money. Do I have any legal recourse? Since I'...

    Michael’s Answer

    If you have used up your FMLA leave and cannot return to work, your employer may be able to terminate you. Without more details regarding your situation it is difficult to make a definitive determination. Contact an employment attorney for a consultation.

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  • How long do I have to file a wrongful termination suit in Alabama?

    I was terminated for following work orders but the RPC who wrote the orders was not.

    Michael’s Answer

    There are many factors here. You need to contact a qualified attorney for a consultation. There are too many unknown factors here to determine what case, if any, you may be able to bring and what the applicable time limits are to being that kind of suit.

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  • A caller BLOCKED, whohas some automatic redial and is on continuous call, thus blocking my activities on iPhone. Can last all

    Harrassment. What does it take to discover identity of this stalker? Carrier or law?

    Michael’s Answer

    Your carrier might be the most helpful here. They should at least be able to change your number to stop this. You may also have a legal remedy for a harassment suit, but it will probably be a long and expensive process since you do not yet know the identity of the harassing caller. You should consult an experienced attorney if you wish to pursue. In the meantime, contact your carrier and see what they can do to help.

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  • Is it true that in the state of WI one parent can not get 100 percent placement or primary placement of child?

    My daughter and her child's father are no longer together and he treats her terribly by things he says in text messages and on the phone. He doesn't want to pay child support so they will be going to court over this. But i was told by another atto...

    Michael’s Answer

    I agree with the other answers, but would add that in WI, a guardian ad litem (or in some instances a custody investigator) is generally appointed to represent the "best interests of the child" in messy and contested placement situations. So while it is extremely difficult to get 100% placement, there will be an independent attorney appointed specifically for the purpose of protecting the child's interest, or barring that, a "custody evaluator." Your daughter and her attorney can decide on the best strategy for dealing with the GAL's office, but if she is cooperative with the GAL/custody investigator and expresses her concerns, she may be able to limit the father's contact with the child to some degree. It is, however, extremely unlikely that a court would consent to a 100% placement.

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  • Maximum penalty for improper service of motion in New York

    Can someone please confirm whether it is entirely improper for a motion to be served in New York upon someone by taping it to the front door of the person's apartment while having it not in an envelope and exposed to anyone walking in a hallway of...

    Michael’s Answer

    This is not typical for motions, but this may be proper service for a summons in some circumstances. CPLR 308(4) specifies that if service cannot be cannot be made upon a natural person or a person of suitable age and discretion, service may be made

    "...by affixing the summons to the door of either the actual place of business, dwelling place or usual place of abode within the state of the person to be served and by either mailing the summons to such person at his or her last known residence or by mailing the summons by first class mail to the person to be served at his or her actual place of business in an envelope bearing the legend 'personal and confidential' and not indicating on the outside thereof, by return address or otherwise, that the communication is from an attorney or concerns an action against the person to be served, such affixing and mailing to be effected within twenty days of each other..."

    You should immediately consult an attorney about this matter to determine whether or not the particular way that the paper was served was improper or not, and have him or her help you determine the significance of this legal document. You should not ignore whatever document you have received and consult an attorney.

    See CPLR 308 at http://codes.lp.findlaw.com/nycode/CVP/3/308#sthash.xLVts20F.dpuf

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