James K. Lyder’s Answers

James K. Lyder

Poughquag Employment / Labor Attorney.

Contributor Level 11
  1. How can/should my attorney help in this matter? When is the right time to ask for concessions?

    Answered 9 months ago.

    1. James K. Lyder
    2. Jayson Lutzky
    3. Alan James Brinkmeier
    3 lawyer answers

    It is common in cases like this that a portion of the sale proceeds sufficient to cover the lien is placed in escrow at the closing and the deal closes subject to it. When the lien is cleared up post-closing the escrow is released.

    4 lawyers agreed with this answer

  2. I live in NY. I met with a lawyer to discuss fees but an agreement for fees was never signed. She is now billing me for services

    Answered 9 months ago.

    1. Eric Edward Rothstein
    2. James K. Lyder
    3. John P Corrigan
    4. David Michael Kasell
    4 lawyer answers

    Matrimonial lawyers have higher standards to meet in terms of retainer agreements than non-matrimonial lawyers. The retainer agreement should be in writing. I/m aware of at least one case (in Broom County) where the failure to have the retainer agreement in writing barred the attorney from collecting fees from a client. Also you have the right to demand arbitration if she sues you in Court. Note, not following rules for retainers has particular disciplinary consequences for matrimonial lawyers.

    4 lawyers agreed with this answer

  3. Wht kind of sexual harassment case makes the most money quid pro quo or hostile work environment?

    Answered 10 months ago.

    1. William J Lasko
    2. James K. Lyder
    3. Denise Kingue-Bonnaig
    4. Kevin Rindler Madison
    4 lawyer answers

    There is not rule about which type of sexual harassment pays more of if you get more if you show both. If you actually have a case, contact an employment attorney.

    4 lawyers agreed with this answer

  4. I built a house in 2010, the builder didn't pay all of the subs and two put mechanics liens on my house.

    Answered 9 months ago.

    1. James K. Lyder
    2. Vincent Thomas Pallaci
    3. Thomas Richelo
    3 lawyer answers

    The mechanic's liens expire after one year but can be extended for an additional year by the lienor or by the commencement of a lawsuit to foreclose on the liens. Since a lis pendens was filed, it appears a lawsuit against you must have been filed. In the lawsuit, you should have made a claim against the contractor since he is responsible for to the subs for payment. You should be able to shift this all onto the contractor but you need a good construction litigation attorney.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. My father was terminated without a reliable excuse. Does he have any rights of employment, or legal rights at this point?

    Answered 10 months ago.

    1. Eric Edward Rothstein
    2. James K. Lyder
    3. Vincent Peter White
    3 lawyer answers

    If, in fact, it can be shown that your father was terminated so his duties could be taken over by a younger worker and age was the reason for his termination, your father may have an age discrimination case. I generally advise in these circumstances that the employee file for unemployment benefits before taking any action against the employer so that the employer documents to the Unemployment Board that the termination was for lack of work, thereby foreclosing the employer later claiming the...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. Should i get an attorney or is this legal grounds for suing? thank you for your time.

    Answered 10 months ago.

    1. Christine C McCall
    2. James K. Lyder
    3. Jennifer L. Ellis
    4. Jayson Lutzky
    4 lawyer answers

    As an at-will employee, Wal-Mart can decide to not hire you for any lawful reason, as seems to be the case here, so you have no legal rights. But, certainly follow up with them, and submit any documentation of your relationship to the deceased and attendance at the funeral you can. You may get a sympathetic ear.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. My wages were reduced by 40%. Constructive discharge?

    Answered 9 months ago.

    1. James K. Lyder
    2. Ryan M. Finn
    3. Vincent Peter White
    3 lawyer answers

    You employer can downgrade your commission plan at any time if you are an at will employee and it was for a non-discriminatory reason. You have not provided information sufficient to determine if there was retaliation or constructive discharge. You need a consultation with an employment attorney.

    Selected as best answer

  8. What is a " notice of pendency of action"? I have one filed against me in a property that I have not paid the mortgage .

    Answered 9 months ago.

    1. Peter J Weinman
    2. James K. Lyder
    3. Michal Falkowski
    4. Eric Edward Rothstein
    4 lawyer answers

    It means a lawsuit has been filed against you that affects title to your property. Since you have not been paying your mortgage, it probably means a foreclosure lawsuit has been filed against you by the bank. You may have not been served with the lawsuit papers yet. There are many lawyers who specialize in foreclosure and I suggest you contact one in your area right away to discuss your options.

    3 lawyers agreed with this answer

  9. Fiance vs estranged wife. My family member is engaged to her fiance but the fiance still has an estranged wife of at least 20 y

    Answered 9 months ago.

    1. Jayson Lutzky
    2. James K. Lyder
    3. Marco Caviglia
    4. Reid A Seino
    4 lawyer answers

    As has been said, immediately get a lawyer and have the fiancé execute a new will. As it stands now, the fiancé's wife is entitled to much of his estate, etc... The retirement and pension plans need a new a beneficiary change too. This is needed in addition to the will. In NY, disinheriting a wife is complicated but possible. You need to see a good estate attorney right away.

    3 lawyers agreed with this answer

  10. Can my landlord garnish wages from my place of employment?

    Answered 9 months ago.

    1. Jayson Lutzky
    2. Steven Warren Smollens
    3. James K. Lyder
    3 lawyer answers

    Unless the landlord has sued you and obtained a judgment, your wages cannot be garnished.

    3 lawyers agreed with this answer