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James K. Lyder

James Lyder’s Answers

195 total


  • How frequently does banking employer does background check for existing employees? Will employee be informed before doing so?

    My Question related to Banking employer in New York state. After sealing the case with ACD, still bank will find out record and can terminate employee? How frequently Bank does back ground check for existing employees?

    James’s Answer

    Banks are regulated and compliance regulations will require them to check your criminal record from time to time - call the NYS Banking Dept for specifics. As to being terminated for an ACD, that would be illegal in NY as it is an unlawful discriminatory practice for an employer to make any inquiry about any arrest or criminal accusation of an individual which is not currently pending against that individual, or which has been resolved in favor of that individual, resolved by a youthful offender adjudication, or resulted in a sealed conviction. See NYS Executive Law (Human Rights Law) 296(16).

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  • Filing a employment discrimination in State Court vs Federal Court?

    I know that a person would have to file with the EEOC before being able to file in a federal court. What's the difference between filing in a state or federal court? Also why are individuals and/or attorneys allowed to file a complaint regarding e...

    James’s Answer

    You should also be aware that recovery of attorney's fees (if you are successful) is available under Federal law but not State law.

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  • Short or long and detailed involuntary Resignation letter? Workplace is intolerable/hostile preventing me from doing my job.

    Needing to use my Involuntary resignation letter to negotiate severance package with employer. If company doesn't negotiate I may have no choice but to file lawsuit. I just want to make sure if I need to be detailed about reasoning of involuntary...

    James’s Answer

    As the others have stated, it would be incredibly irresponsible and counter-productive for you to try and write this letter without attorney guidance. In Dutchess County, you can expect to pay between $350 and $750 for a lawyer to consult with you, review documents and help you draft the letter. This is just for the letter, not for any future representation. Future representation in any claims against your employer would be an additional fee. If you case is strong enough, some lawyers will consider a contingency fee basis. Otherwise, you pay out of pocket. At your initial consultation, the lawyer should be able to give you an idea about the strength of your case, at least that's what I do.

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  • Substitution of counsel

    My attorney has withdrawn. He was handling a stipulation agreement which is now filed in surrogate court. I am waiting on the opposing attorney to honor the terms of the agreement. It has been suggested by two attorneys that I send certified le...

    James’s Answer

    If you wish opposing counsel to respond to you will have to complete and file a substitution of counsel form stating you are proceeding on your own behalf (pro se). Or, you need to get another lawyer. Opposing counsel cannot deal with you directly unless you are properly substituted in pro se.

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  • Labor law - intimidation at work; sudden dismissal without cause; failure to supervise? Anything else?

    I had been working as a teacher n Queens for 7 years. I was terminated 2 weeks ago. 6 months ago, there was a dispute between me and another teacher, putting me in a headlock and making threats. Things went downhill after that. No disciplinary...

    James’s Answer

    Whether you can negotiate up your severance package depends upon the strength of any legal claims you may have. Under your facts, your legal claims will derive in large part from your union contract.

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  • Can a person file a failure to accommodate claim on their own against their employer?

    Can a person successful file a failure to accommodate claim against their employer on their own?

    James’s Answer

    Yes they can but, as stated, some type of legal guidance is recommended. You can also reach out to the New York State Division of Human Rights or, if your company is big enough, the EEOC for assistance.

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  • Is neuropathy (not diabetic related) considered a disability under the America Disabilities Act?

    Is this considered a disability under the America Disabilities Act?

    James’s Answer

    Neuropathy can be a disability protected under the ADA if it is severe enough to substantially impair one or more of your major life activities. More details are needed. You should consult with an employment lawyer.

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  • Can a counterclaim defendant remove an entire case from SC to Federal Court just because she is a postal carrier?

    This is a torts case. Our coop sued us to get a TRO to stop us from videotaping their racketeering crimes. We countersued against the coop and 28 additional parties, including the postal woman, on crimes of RICO such as mail fraud. The trial was s...

    James’s Answer

    The case was likely removed to Federal Court because one or more of the claims or counterclaims were based on Federal law. In such a case, the State claims are also heard by the Federal Court under the doctrine of pendant jurisdiction. However, once all the Federal claims are gone, the case must go back to State Court.

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  • Trying to kick me out from my apartment.. I was late on my rent for 3months but no one ever gave me notice...

    But after 3months they finally called to collect my rent saying that they want me out by the end if the may. I paid the rent in full plus one month in advance just to be sure.after that incident, no one ever called me or send me a letter about ev...

    James’s Answer

    The landlord can decline to renew your lease at the end of its term. Whether you have paid rent or not does not make a difference to this.

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  • How do I go about doing a Debtor's Exam? I am a judgment creditor and need to do income and property executions.

    This is for non-payment of rent.

    James’s Answer

    Retain a collection attorney to use the legal process of collect on the debt.

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