Mona R Conway’s Answers

Mona R Conway

Huntington Station Business Attorney.

Contributor Level 11
  1. Suing on behalf of LLC in misclassified independent contractor lawsuit

    Answered 8 months ago.

    1. Michael Niels Bruno
    2. Mona R Conway
    3. Christopher Michael Gioe
    4. Arthur H. Forman
    5. Matthew James O'Laughlin
    5 lawyer answers

    I think I understand your question. You are an individual, entitled to benefits (under ERISA) and you want to sue your employer. I did not look up the case you referred to; however, if I've got the gist, you should: Take your case to Federal Court. The procedures are complex, so you need an attorney who understands federal procedure and the ERISA statute. The amount in controversy should be worth taking on an attorney, although I believe that attorney's fees are built into the statute .......

    4 lawyers agreed with this answer

  2. I was involved with a private investor which he gave me $50000 to build two houses in which I was a silent partner.I sold the

    Answered 8 months ago.

    1. Mona R Conway
    2. Michael Niels Bruno
    3. Christopher Daniel Leroi
    3 lawyer answers

    This is a contract case. You can't go to jail. Threatening your family? I don't know what you mean, but that sounds illegal. You really should try to find a lawyer to work with you on this.

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  3. Default Judgement against me? I have a lawyer and the opposing counsel said it was a court error.

    Answered about 1 month ago.

    1. Mona R Conway
    2. Eric Edward Rothstein
    3. Steven Warren Smollens
    3 lawyer answers

    Let your attorney do his/her job. If you want to create more work for him/her, remember that you are paying the bill.

    3 lawyers agreed with this answer

  4. In NY can you have an official capacity suit (as opposed to individual capacity) against an employee of a private company?

    Answered 8 months ago.

    1. Peter Christopher Lomtevas
    2. Mona R Conway
    3. Samuel Cohen
    3 lawyer answers

    the quick answer is "sure." Attorneys put that in their pleadings all the time. Proving that kind of liability is difficult. If I were representing the individual defendant, I'd move to dismiss that part of the action.

    3 lawyers agreed with this answer

  5. Does a 12-month non-compete hold up if a client of the previous employer directly contacts me and offers a position in 5 months?

    Answered over 5 years ago.

    1. Mona R Conway
    2. Patrick Walter Begos
    3. John M. Kaman
    3 lawyer answers

    I'd like to just add a few more points to the sound responses of my colleagues. First, the specific contract terms are critical. There must be a geographical limitation to the non-compete. The law will not allow the total preclusion of an employee making a living for a year. Consider also that the non-compete/restrictive covenant might be unenforceable because it does not contain reasonable limitations. Believe it or not, lots of employers draw up these forms with the knowledge that they...

    6 people marked this answer as helpful

  6. I have a smalls claim case pending in nassau county, New York. I contracted with a business to provide a service.

    Answered 2 months ago.

    1. Michael Byk
    2. Eric Edward Rothstein
    3. Mona R Conway
    3 lawyer answers

    First: don't worry about the "false" statements in the answer. If these are (what's called) "affirmative defenses," meaning, they are a total defense against your claim, they have to be proven by the defendant. Second: having an attorney represent you will help, but it's not usually necessary in small claims court. The judges are very accustomed to pro se litigants. As for attorney's fees: ONLY if your contract with the business states that they get attorney's fees, might you be required to...

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  7. Can I win, can I sue?

    Answered over 3 years ago.

    1. Mona R Conway
    2. Theodore Lyons Araujo
    2 lawyer answers

    I recommend hiring a detective to find out where he is. It's good that he's been making the payments (I assume, as promised under the Note), but if you can't reach him, there's a problem if he stops paying. But, you can't sue him if he has not breached the contract. If he has breached, e.g., he has not made the payments as per the terms of the Note, you need to know where he is so that you can sue him. Of course you "can" win, so long as you have a valid cause of action (i.e. breach of...

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  8. I signed a contract with a site developper company which agre to deliver the site in 4 weeks. 6month after is not finished

    Answered about 1 month ago.

    1. Mona R Conway
    2. Bruno Patrick Bianchi
    2 lawyer answers

    You didn't ask a question, but my guess is that your question is, "what is my remedy?" If so, you have to look to the contract; the answer SHOULD be in there. If this is a big project, with a lot of money at stake, do not hesitate: contact a business lawyer immediately.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. Can I be a shareholder of 2 corporations with similar bu

    Answered 9 months ago.

    1. Richard J. Chertock
    2. Mona R Conway
    3. Kevin Matthew Sayed
    3 lawyer answers

    I agree with my colleague, but I would like to answer your specific questions directly: Is it legal to own 2 corps with same business model? YES (Unless the bylaws of one company says, "No"). Can I withdraw myself from the corp without their approval even with debt? You may need approval as a shareholder; as an officer, you can just resign. You can also bring a dissolution action (court approval, basically). Can I sue them for wages? Doesn't sound like it. Negative effect to keep my...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. What is the best option (LLC, S-Corp, C-Corp) in New York State Incorporation for a small business?

    Answered over 5 years ago.

    1. Mona R Conway
    2. Diane R. Tiveron
    3. Vincent Thomas Pallaci
    4. Meyer Y. Silber
    4 lawyer answers

    New York offers several business formation options. The two most common are the corporation and the LLC. There are several key distinctions between these two corporate forms. Both provide what you're looking for: a "corporate shield" which limits personal liability for the owners/operators of the business. Formation of a corporation can be done in 24 hours for a cost of $125. Formation of the LLC takes much longer, due to the publishing requirement. Depending on what area of NY the...

    5 people marked this answer as helpful