Carmen S. Giordano’s Answers

Carmen S. Giordano

New York Personal Injury Lawyer.

Contributor Level 9
  1. Is it slander if a former employer accuses you of theft, when you did not do it?

    Answered about 1 year ago.

    1. Carmen S. Giordano
    2. Christian K. Lassen II
    3. Jon Kyle Roby
    4. Tatiana Kadetskaya
    4 lawyer answers

    Absolutely. Accusing someone of a crime he or she did not commit constitutes defamation. You should consult with an attorney to determine what your options are. Ultimately, you would have to prove a negative, which can be difficult, but not impossible. Focusing on your employer's lack of a basis for the accusation, showing it could not have been you and that the employer failed to reasonably investigate before hurling the accusation against you will be helpful. Also, if your employer used...

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  2. Is it legal for a co worker to tape a call between 3 others in which he was not a part of and send to human resources which

    Answered over 1 year ago.

    1. Carmen S. Giordano
    2. Stanley N Zahorsky
    2 lawyer answers

    Generally, it is a serious federal crime to tape record telephone conversations without the consent of at least one of the individuals involved in the conversation, without being a participant in the conversation and without an eavesdropping warrant signed by a judge. You should also check with a local MN lawyer about applicable state law.

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  3. Do I have any recourse after a false statement against me after a police investigation determind it was an accendent by the othe

    Answered 3 months ago.

    1. Carmen S. Giordano
    2. Mario David Cometti
    2 lawyer answers

    If you were arrested or a criminal charge was filed against that was based on evidence falsely given, then the individual providing that false information would be liable for false arrest and/or malicious prosecution. If the police had a reasonable basis to believe the complainant or informant, then the police would be protected from suit by qualified immunity. If no arrest or prosecution was commenced, but a false statement was made about you, you may have a defamation claim as well.

    3 lawyers agreed with this answer

  4. How to place a lawsuit against a police department?

    Answered over 1 year ago.

    1. Carmen S. Giordano
    2. Malosack Berjis
    2 lawyer answers

    Sounds like you have a solid 1983 case. If you need help finding an attorney that practices in that area in the federal court, please let us know. csgiordano.com

    3 lawyers agreed with this answer

  5. Can you sue a furniture lease company for brining a bedbug infested mattress into your home

    Answered over 1 year ago.

    1. Ashley Anne Digiulio
    2. Jesse Cole Kent
    3. Fareesh S. Sarangi
    4. Robert G. Rothstein
    5. Carmen S. Giordano
    6. ···
    6 lawyer answers

    You should sue them in small claims court. Try to stengthen your causation, proving no bed bugs before transport and in the new place before the bugs showed up.

    3 lawyers agreed with this answer

  6. If a confidential informant provides a tip to law enforcement about location of narcotics, can police search indefinitely ?

    Answered over 1 year ago.

    1. Eric Edward Rothstein
    2. Carmen S. Giordano
    3. Rixon Charles Rafter III
    3 lawyer answers

    My colleagues are correct. Suppression hearings should be handled by a competent, well prepared attorney. www.csgiordano.com

    1 lawyer agreed with this answer

  7. Am I required to change the bathroom to be ADA accessible?

    Answered over 1 year ago.

    1. Carmen S. Giordano
    2. Vincent Peter White
    2 lawyer answers

    your business will be a "public accommodation" under the Americans with Disabilities Act. You need to comply with all accessibility and other applicable prvovisions. Read the primer (http://www.ada.gov/regs2010/smallbusiness/smallbusprimer2010.htm) and have an attorney and/or knowledgeable architect prepare plans. Take note of local DOB regulations.

    1 lawyer agreed with this answer

  8. How long I have after a personal injury to sue?

    Answered over 1 year ago.

    1. Craig A. Post
    2. Jeffrey Ira Schwimmer
    3. Anthony A. Ferrante
    4. Jeffrey Mark Adams
    5. Robert Bruce Kopelson
    6. ···
    14 lawyer answers

    All good answers. If this happened awhile ago, beyond the 90 days, you still may have claims against a third party. For instance, if it was a contractor or ConEd that damaged the sidewalk during some type of repair, you may have claims against them. Additionally, in some instances, you can move ("nunc pro tunc") to have a late notice of claim deemed timely. In any event, you should not wait and consult a competent attorney immediately. Best of luck and I hope you and the baby are well!

    1 lawyer agreed with this answer

  9. Can I be sued for posting about a bad daycare experience on Facebook?

    Answered 3 months ago.

    1. Carmen S. Giordano
    2. Jennifer L. Ellis
    2 lawyer answers

    You can be sued for anything. The question is whether or not the claim or claims would be valid and stand a chance of success. If what you said is true about the daycare, then you have an absolute defense to a defamation claim. You would have to prove the truth of the statements. You would be wise to weigh carefully what you say and put on social media before you do so. If you have solid proof, you should be fine, but do not invite trouble! Beware of other claims as well such as tortious...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. An employer does background check and one way is calling previous or current employer by asking them if they were to rehire ?

    Answered over 1 year ago.

    1. Arthur H. Forman
    2. Carmen S. Giordano
    3. Vincent Peter White
    3 lawyer answers

    i would ask an attorney to draft a letter for you to send to your former employer. Depending on additional facts, you should be able to persuade your former employer to provide only neutral non-damaging information to future prospective employers. good luck!

    1 person marked this answer as helpful