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James K. Lyder

James Lyder’s Answers

195 total


  • Do I have a lawsuit on my hands if I am fired.

    Well comments have been made about my age saying I must be incompetent I have not been fired but in fear that I will be.THey also say that I am not handling my responsibilities which all the residence's say I do please contact me and let me know

    James’s Answer

    You do not have a case for age discrimination until you suffer adverse employment action based on your age, which does not appear to have happened here. However, it may be a good idea to complain in writing to your employer per company policy about the unwelcome age-related comments in the workplace. If you are eventually terminated, having complained may help you in a claim for age discrimination or retaliation.

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  • What would constitute a valid termination letter and can it be contested?

    Worked for a business tech. over 2 yrs.as a med.billing teacher, was promoted to director in their Cosmetology school as I have over 23 yrs exp. in Cosmetology. Upon negotiated salary which they immediately approved , they needed me to convert th...

    James’s Answer

    I agree with the others that as an at-will employee you have no legal right to your job unless your termination was based on an illegal ground. How were you harassed by the Dean and what part, if any, did it play in your termination?

    Also, please note, under New York Labor Law § 195(6), employers are required to provide written notice to any employee terminated from employment with “the exact date of such termination as well as the exact date of the cancellation of employee benefits connected with such termination.” This written notice must be provided within five working days after the employment relationship has ended. This notice requirement applies not only to those employees whose employment is terminated by the employer, but also to those employees who leave the employer because they resign, quit, retire or are laid off. If an employer fails to provide the notice required under New York Labor Law § 195(d), the employer can be subject to civil fines of up to $5,000 per employee. In addition, aggrieved individuals can bring civil actions against employers that fail to provide the required notice.

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  • Should I have a seperate agreement with my employer abt this?

    My employer is getting me a car for work related purposes. He said that he will pay for all leasing payments but wants me to have my own insurance on the car. However, in order for Me to have my own insurance, I will need to be a co signer on the...

    James’s Answer

    Yes you absolutely need a written agreement with your employer about this. I suggest you retain a lawyer to assist you in this.

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  • In what timeframe does an employer have to pay a laid off employee his/her vacation time plus acrued vacation.

    employer says he has 30 days from lay off to pay the vacation. is this true or does he have to pay vacation with last paycheck?

    James’s Answer

    There is no legal requirement in NY that an employer let an employee "cash out" vacation time upon termination. The employer just has to follow its own policy if it has one.

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  • Can I sue my employer for improper practice for ? I work for NYS unified court system.

    They involuntarily transferred me from Queens to the BX and it is a seniority based system. there are a number of employees with less seniority than me and somehow they skipped over all of those individuals and chose me. I had numerous valid har...

    James’s Answer

    As has been said, this is a matter for your union.

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  • Can California employers see if you have a misdemeanor Probation violation from Hempstead, NY in a background check?

    Trying to apply for a job but I don't know if my probation violation will show in a background check for employment. Trying to resolve this issue but I need to work right now..

    James’s Answer

    Yes, that will likely show up.

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  • Home closing when stated to close by or before July 14, Time being of the essence as to buyers obligations. Have they breached?

    My lawyer tells me it is just a target date.And I have stressed to her that I have to vacate my apartment by July 31.

    James’s Answer

    A time of the essence date is a firm date not an "on or about" or "target" date. A party that violates a time of the essence deadline is in breach.

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  • Pro bono student organization?

    Are there any student law organizations in NY that perform pro bono services in human rights and immigration? How do I find such organizations? I am not looking for pro bono attorney but organizations run by students who do pro bono work.

    James’s Answer

    Many law schools have legal clinics that do just this. Contact the local law schools and see.

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  • How do you know what is considered contempt of court?

    I previously had a court settlement and there are things written under "notes" in the proceedings paper. If one was to go against these notes, is this considered contempt of court?

    James’s Answer

    What is a "proceedings paper"? If it's a Court Order and you violate it, that is contempt of Court. More info needed.

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  • I realize that trying to bring a matter that has been settled up is Res Judicata

    Is there a "penalty" for this?

    James’s Answer

    You have not provided enough information. What was settled and how was it settled?

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