James K. Lyder’s Answers

James K. Lyder

Poughquag Employment / Labor Attorney.

Contributor Level 11
  1. Can I sue my employer for this?

    Answered about 1 year ago.

    1. James K. Lyder
    2. Richard Javon Washington
    3. Alix R. Rubin
    4. Jayson Lutzky
    5. Christian K. Lassen II
    6. ···
    6 lawyer answers

    In order the have a case, you would have to report this conduct to a superior (in conformance with the procedures in any employee manual or other written policies that may exist) and give the company a chance to remedy the situation. If they do not, you can file a claim with the NYC or NYS Department of Human Rights or the EEOC, if your company has sufficient employees for such jurisdiction. Once the administrative agency has investigated, they will either take on the case themselves or give...

    7 lawyers agreed with this answer

  2. If a family court restraining order expired can I get another restraining order?

    Answered about 1 year ago.

    1. James K. Lyder
    2. Bruno Patrick Bianchi
    3. Jean M. Mahserjian
    4. Marco Caviglia
    5. Ralph Duthely
    6. ···
    6 lawyer answers

    Yes, you can apply for another restraining order if he is harassing or threatening you. If there is a history of threats against you, it should not be too hard to get another order. However, if the prior order expired because you did not show up at a scheduled Court date where you could have sought to extend it, you may have to explain yourself. You can also file harassment charges with the police which, if they accept, can result in the criminal court issuing its own RO. The bottom line is...

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Why don't lawyers call back there clients?

    Answered about 1 year ago.

    1. James K. Lyder
    2. Eric Edward Rothstein
    3. Alan James Brinkmeier
    3 lawyer answers

    You probably have a court-appointed (18-b) lawyer. They typically don't respond as timely as a private lawyer because of their heavy workload and measly compensation. If phone calls don't work, send a fax or an e-mail. As with other things, the squeaky wheel gets the grease.

    Selected as best answer

  4. Personal injury and discrimination i am an american who works for a mission to the un in new york

    Answered about 1 year ago.

    1. Eric Edward Rothstein
    2. James K. Lyder
    3. Giacomo Jacques Behar
    4. Jeffrey Ira Schwimmer
    5. Christian K. Lassen II
    5 lawyer answers

    Whose mission do you work for? There are possible immunity issues floating around here. You need a comprehensive consultation with an employment lawyer.

    6 lawyers agreed with this answer

  5. If officer documents two incorrect items on ticket is this grounds for dismissal.

    Answered about 1 year ago.

    1. Eric Edward Rothstein
    2. James K. Lyder
    3. Marco Caviglia
    4. Matthew Jay Weiss
    5. Michael R Crosner
    5 lawyer answers

    These errors are often overlooked by the Court if the officer testifies as to what he actually saw. You or your lawyer can impeach the officer with the errors when he takes the stand. However, the reality is that few of these cases go to trial. I suggest you retain a local lawyer who frequently appears on traffic matters in the subject Court and he/she can use these errors to work out a good deal for you.

    6 lawyers agreed with this answer

  6. I've been accussed of welfare fraud what is my best course of action. What are the chances of receiving no jail time

    Answered about 1 year ago.

    1. John M. Cromwell
    2. James K. Lyder
    3. Marco Caviglia
    4. Daniel DeMaria
    5. Eric Edward Rothstein
    5 lawyer answers

    You should have posted this in the Criminal Law Questions section.

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. "Defective mattress" In 2010 I purchased from a very well known company a mattress for over $ 4000

    Answered about 1 year ago.

    1. Eric Edward Rothstein
    2. James K. Lyder
    3. Jonathan David Marx
    4. Christian K. Lassen II
    5. John P Corrigan
    5 lawyer answers

    It is likely there is nothing wrong with the mattress given it has been replaced so many times or, if there is something wrong, it is a design defect that will just keep recurring no matter how many times they replace it. You need to try a different mattress. Contact Sleepys corporate office and explain the situation. Tell them you would like to come in and select a comparable new mattress for no further charge. Given the history here, and Sleepys' corporate image concerns, they might just do...

    5 lawyers agreed with this answer

  8. Conditional Release or Non Conditional Release?

    Answered about 1 year ago.

    1. John P Corrigan
    2. James K. Lyder
    3. Peter J Weinman
    3 lawyer answers

    Attorney Corrigan is correct, but I would add that the best way to do this is to have an real estate attorney draft the release for you. A broker's commission is a big chunk of money and it's worth a few hundred dollars to get this right up front. I suggest it should be a general release with a carve out for a commission due only if you sell to a buyer the broker brought to you. What I would watch out for is situation arising after the release is signed where the broker sends a potential buyer...

    5 lawyers agreed with this answer

  9. What to do if you mail rent checks via UPS,Fedex,US Mail and landlord and household members refuse to sign for it .

    Answered about 1 year ago.

    1. Olga Someras
    2. Steven Warren Smollens
    3. James K. Lyder
    4. Adam Lefkowitz
    4 lawyer answers

    Follow the method for payment of rent outlined in your lease and document your efforts at paying rent in accordance therewith, as outlined by my learned colleague. If the lease is silent on this point, follow the past practice you have used where the landlord has accepted rent. It is an excellent suggestion to place your rent monies in escrow, or a segregated bank account, if your landlord refuses to accept payment.

    5 lawyers agreed with this answer

  10. What kind of cause of action do i have for cyberstalking/bullying texts/unwanted calls and harassment andwhattype?

    Answered about 1 year ago.

    1. Eric Edward Rothstein
    2. James K. Lyder
    3. Christian K. Lassen II
    4. Marco Caviglia
    4 lawyer answers

    I assume this is not happening in an employment context. As has been said, preserve all the evidence and report this to the police. And contact a civil lawyer to evaluate a possible civil case for damages.

    5 lawyers agreed with this answer