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Richard B. Ancowitz

Richard Ancowitz’s Answers

8 total

  • Can I sue for a printed picture without consent?

    My friend was pictured in a newspaper severely burned with only his private parts blurred out. His face was not blurred. And the family never consent to that picture being put to the world to see. You can clearly see almost 95% of his body burned....

    Richard’s Answer

    New York's Civil Rights Law basically says that you can't show someone's imagine in your trade without their permission, i.e. to make a buck on it, like in an advertisement. However, this does not apply to the publication of news, which this appears to be in this instance. Thus, the short answer is that a suit over this would very likely lack merit.

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  • May I get severance package?

    My employer gave me 3 months notice and they are going to terminate my permanent position . Since they are eliminating the position. Am I eligible to get severance package? Please let me know what are my rights? Thank you!

    Richard’s Answer

    There is no legal "right" to a severance package, unless you have an employment contract that requires it. 99+% of employees do not have that, and employers can offer severance, or not.

    Some employers will offer employees a severance package, but only upon condition that the employee signs a "release", that makes it virtually impossible to ever make a claim against the employer at any future time. Generally speaking, I would strongly advise any employee NOT to sign any paperwork presented by their employer while the employer is offering a severance check. The employer may fear for future liability from the employee, hence the offered exchange of "check" for "release". An employee would be well advised to discuss with an attorney any possible liability on the part of the employer prior to agreeing to accepting any severance check. To take an extreme example, an employee should not accept a check for $5,000 if he or she may have a possibility of a $100,000 lawsuit. Or, if the employee is thinking of accepting such a check, the employee should at least know what they might be giving up. That's why speaking to a lawyer is important. And yes, this kind of thing does happen, important legal rights are unknowingly signed away all the time. Please be careful.

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  • Suing the worker compensation insurance

    After 2 months of wait ,Can I make a lawsuit against my worker compensation insurance for delaying my benefits payment?

    Richard’s Answer

    It is probably advisable, if you haven't already, to consult with an attorney who is familiar with Workers Compensation practice. It is a relatively narrow area of law, not known to most attorneys, so you want someone with great familiarity with it.

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  • Pro Bono Attorney for employment dispute

    I have a discrimination employment case against a financial institution from NYC and I'd need a Pro Bono Attorney to help me.

    Richard’s Answer

    Many if not most attorneys who represent employees will do so on a contingency fee basis. That means the employee does not pay an attorney's fee unless the employee is successful in a recovery against the employer. In your case, you should probably consider finding and consulting with such an attorney.

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  • My car was parked. Someone hit it while i was working

    i came home to find my car damaged. Someone crashed it i think it was a truck and damaged the bumper and right side of the car. I called the police and filed a report we couldnt find the person responsible no camera no witnesses. The damages were ...

    Richard’s Answer

    Given that your car was parked, and there was presumably no fault in your operation of the vehicle, your insurance company should not take this into account in setting your rates. Thus, there is no reason not to report the matter to them - that is the purpose of insurance, in order to cover ourselves in these situations.

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  • What to do if I am being treated badly at work for no known reason?

    I have been at my job for approximately 4 years now and was promoted to assistant manager just about a year ago and a couple months after that, my boss(which was female) and a few others were transferred and switched around,so I ended up getting a...

    Richard’s Answer

    • Selected as best answer

    In New York State, an employer can typically treat an employee badly or a good reason, for a bad reason, or for no reason. Likewise, an employer can terminate an employee for a good reason, bad reason, or no reason. There are important exceptions. For example, if an employee has an employment contract, the rights of the employee and employer are probably dictated by the contract. Since most employees do not have contracts, however, the next exception to the general rule is that an employer is not permitted to violate either Federal, State, or City Human Rights laws in the treatment of employees. This is commonly known as unlawful discrimination based upon the employee's status. Consulting an attorney well-versed in this area is probably advisable. In addition, contacting the appropriate governmental agency may also be warranted (EEOC, Division on Human Rights, Commission on Human Rights, respectively).

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  • What do I do when I know I'm being discriminated against?

    My boss asked me to hire a replacement for my position so I could move into a bigger role. We discussed this in detail and at times via email, I was pregnant at the time which he knew. After the birth, I worked for two months from home, in particu...

    Richard’s Answer

    In New York State, there are generally four potential paths for folks who feel that they have been wrongfully discriminated against. One is to proceed in litigation with a lawyer at your side, the others involve government agencies, without you having your own private lawyer. Concerning the latter, there are actually three different paths. First, the New York State Division of Human Rights may be consulted. In New York City, you may wish to consult with the Commission on Human Rights. There is also the Federal Government's Equal Employment Opportunity Commission (EEOC). There are definite pro's and con's to each of the four paths. The average run-of-the-mill lawyer may not be competent to discuss these intricacies, so you do wish to find someone who is known to be well-versed in this area to answer your questions.

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  • If a lawyer, representing himself pro se, defames a respondent in family court, is there recourse to this legal abuse?

    Attorney has libeled respondent multiply, lies can be proven, is representing himself pro se and forcing respondent into legal fees she can't afford. Isn't this professional abuse illegal? How to go about stopping it?

    Richard’s Answer

    An attorney who brazenly lies to the Court has probably violated ethical rules that attorneys are duty bound to abide by. In New York State, the matter can be reported to the Appellate Division where the attorney practices, or where the Court is situated. The Appellate Division is divided into four "Departments" (First, Second, Third, and Fourth), based upon geography. Each Department has an office which receives complaints about attorneys who are alleged to have violated ethical rules, and I suggest you contact the office in the Appellate Division in your geographical area for their considered opinion. Beyond that, I agree with the answerer who noted that statements made in Court are typically protected from defamation lawsuits.

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