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James K. Lyder

James Lyder’s Answers

195 total


  • Question about involuntary termination

    I had been working for a bank for 7 years as a Sr operations specialist. Recently i received an involuntary termination for not keeping the desk clean in feb of 2011.And after 7 years downgraded the performance rating which is their most common re...

    James’s Answer

    As said, just tell the truth. Sounds like there's more to your story.

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  • What can I do if my former employer does not pay full and final settlement on time?

    I have resigned from a company having given formal notice and they gave me a relieving letter stating they will settle my full and final settlement within 30 days from last working day. this 30-day period is over but I did not get the money. what ...

    James’s Answer

    Need more info re what this "full and final settlement" consists of.

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  • Hi, I recently got laid off. I still need to call my boss for my severance and etc. What's my options? to search for a job.

    Approved H1B this year.

    James’s Answer

    Follow up with your employer regarding a possible severance package. Have a lawyer review any documents you may be asked to sign (non-disclosure, non-compete, etc...). If filing for unemployment benefits will not interfere with your severance, do so immediately. And, of course, start looking for another job.

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  • Under what circumstances would I not be required to honor a employer tuition reimbursement commitment?

    Over the last two years i have been attending graduate school at night. My company has assisted with some of the tuition. The reimbursement plan stats that if you leave the company within a given time frame you are required to pay some of the that...

    James’s Answer

    From the info you provided, yes you would be required to pay the tuition back. However, a review of the agreement is necessary for final advice. Perhaps the change in your employment to 4 days a week can be used to argue that you are not obligated to pay the tuition back. You should consult with an attorney.

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  • Can I sue my employer for damages/harassment?

    My boss always calls me a Stupid Old Fart. He is 33, I am 56. I always ask him not to call me that, but he does anyway. Usually it doesn't bother me, but lately it has really been stressing me out and making work miserable. Is there any way I can ...

    James’s Answer

    You should complain in writing to your supervisor about this conduct. You should follow the procedures for doing so in your employee manual or, if there is none, per workplace policy or past practice. If none, then just a written letter from you to your supervisor or, if you don't have one, to the boss himself. You could have a case for age discrimination if you suffer adverse employment action because of your age or if the harassing conduct rises to the level of a hostile work environment. You should consult with an employment attorney.

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  • Can I sue my former employer for not paying me for my annual vacation

    I quit while i was on vacation but when I went for my annual vacation I was still working there

    James’s Answer

    There is no entitlement to paid vacation under NY law. It's a matter of employer policy. If your employer has a policy or past practice of not paying vacation time to employees who quit while on vacation you have no legal right to it.

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  • THE COURT DOESN'T HAVE MY TICKET ON FILE WHAT SHOULD I DO?

    I RECEIVED THE TICKET IN ST. LAWRENCE COUNTY IN MASSENA NY I DON'T WANT TO FIGHT IT I JUST WANT IT TO BE REDUCED AND I NEED THE TICKET FAXED TO ME BUT THEY DON'T HAVE IT ON FILE AND IT NEEDS TO BE SENT IN TO THE COURT IN A WEEK.

    James’s Answer

    If you don't have a copy of your ticket, call the Court and explain the situation. They will likely advise you to send a letter to them stating that you lost the ticket and would like to enter a plea of guilty. If you can't get through to the Court or they refuse to tell you what to do, send the letter anyway. Obtain and retain delivery confirmation for the letter.

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  • How Much Should a Lawyer Receive In Legal Fees If He Withdraws Early From My Case?

    My "soon-to-be" lawyer gave me a contingency fee retainer agreement that says, if I receive a monetary recovery, he can collect his entire fee if he withdraws early from my case. This seems rather high (and odd) that a lawyer can collect his full ...

    James’s Answer

    He can get what is called "quantum meruit" which means the reasonable value of his services.

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  • How can I get rid of an order of protection that a judge placed in my favor?

    I called the cops to stop an argument my boyfriend and I were having. I realize that wasn't the right thing to do. I had only seen bar fights where cops showed up and everything stopped. I told them I didn't want him arrested or charges pressed. J...

    James’s Answer

    Your case has been picked up by the State. You desire to not pursue this and to not have an order of protection no longer has much bearing, although it is still a factor. The Court will likely set down a bunch of conditions your boyfriend will have to satisfy to get the OOP lifted. It's basically out of your hands now and, as has been stated, the process should be guided by your boyfriend's attorney.

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  • How do i challenge a proposed disqualification from the FDNY for character?

    I was a victim of disparate impact by the FDNY and then designated a priority hire. I successfully passed all of the tests required for appointment. I was expecting an invitation for this class starting next week, instead ten days ago i received ...

    James’s Answer

    Also, you should retain a lawyer to assist you in obtaining a Certificate of Relief from Disabilities.

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