James K. Lyder’s Answers

James K. Lyder

Poughquag Employment / Labor Attorney.

Contributor Level 11
  1. I f my employer coerced meto sign a resignation letter stating i wont be banned from future employment and

    Answered about 1 year ago.

    1. Denise Kingue-Bonnaig
    2. James K. Lyder
    3. Vincent Peter White
    4. John P Corrigan
    4 lawyer answers

    As has been stated, the circumstances of your termination play a role in determining the ramifications of your employer banning from future employment after agreeing in writing to not do so. Was your resignation (which will result in you not being eligible for unemployment benefits) given in exchange for the non-ban promise?

    3 lawyers agreed with this answer

  2. Is it legal to make a male employee to pull his hair back and not a women in the state of New York.

    Answered about 1 year ago.

    1. James K. Lyder
    2. Vincent Peter White
    2 lawyer answers

    Why are they asking you pull your hair back? Is it for sanitary reasons? Do you work in a restaurant, hospital, etc.? Are you a union member? Does the employer have a policy that applies to all males with long hair? We need more information.

    3 lawyers agreed with this answer

  3. Can an employer terminate me for not disclosing an arrest that was dismissed and no conviction undertaken (NYC).

    Answered about 1 year ago.

    1. James K. Lyder
    2. Vincent Peter White
    2 lawyer answers

    Under NYS Executive Law 296.16, an employer may not ask about, or take adverse employment action based upon, an arrest where there was no conviction. This does not apply to arrests related to charges that are pending at the time of application. There is also an exception to this rule for application for employment as a police officer. The rule is same under Federal Law, except arrests can be inquired about if the arrest relates to conduct that is job-related . So, were the charges still...

    3 lawyers agreed with this answer

  4. Is it legal to fire me because my partner quit?

    Answered about 1 year ago.

    1. Jayson Lutzky
    2. Eric Edward Rothstein
    3. James K. Lyder
    4. Darrel S Jackson
    4 lawyer answers

    You have no legal rights expect to apply for unemployment benefits.

    3 lawyers agreed with this answer

  5. At 17 I was charged with petty theft I'm now 18 I'm in the probation period will this show on a job backround check ?

    Answered about 1 year ago.

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

    Unless you got juvenile offender treatment, this will most definitely show up on a background check. You should contact a lawyer to get a Certificate of Relief from Disabilities, which will help you when looking for a job.

    3 lawyers agreed with this answer

  6. Employment

    Answered about 1 year ago.

    1. Eric Edward Rothstein
    2. Jayson Lutzky
    3. James K. Lyder
    4. John P Corrigan
    4 lawyer answers

    It has to be determined if the e-mails, taken together, contain a written unconditional offer and acceptance of employment that contain all the terms required of an employment contract in NY. "Unconditional" means the agreement was not subject to any further action, negotiation on material points, or any vetting of your background and qualifications. You should seek counsel from an employment attorney regarding this. An employment lawyer such as myself can review your case and, if warranted,...

    3 lawyers agreed with this answer

  7. Shoplifting ACD 4.5 years ago. Compliance questionnaire at new job! Please help!

    Answered about 1 year ago.

    1. Arthur H. Forman
    2. Howard A. Schwartz
    3. Jayson Lutzky
    4. James K. Lyder
    5. John J. Carney
    5 lawyer answers

    Assuming your ACD has expired without you re-offending, you do not have to disclose the matter since it was resolved in your favor and/or subsequently vacated.

    3 lawyers agreed with this answer

  8. Do I need to close my EEOC case legally before I can sue in state court?

    Answered about 1 year ago.

    1. James K. Lyder
    2. Locksley O'Sullivan Wade
    3. Arthur H. Forman
    3 lawyer answers

    You can bring your state claims pendent to your federal claims in federal court once you get RTS letter. Keep the pressure on the investigator. Filing in state court while the EEOC investigation is pending may cause election of remedy problems. Consult with a lawyer asap about all this.

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  9. Who owns the right to use a brand?

    Answered about 1 year ago.

    1. James K. Lyder
    2. Lawrence A. Schultis
    2 lawyer answers

    The oral partnership can be dissolved at any time simply by one partner declaring so. The trademark is a partnership asset. So, in the winding up of the old partnership, you can try to strike a deal transferring the rights to the trademark to the new entity you 3 want to create. You would likely have to pay off the old partner according to his partnership share. This can be attempted informally, but if there is an impasse, winding up terms can be forced through a Court supervised dissolution....

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

    Answered about 1 year ago.

    1. Robert K. Erlanger
    2. James K. Lyder
    3. Eric Edward Rothstein
    4. Peter Christopher Lomtevas
    4 lawyer answers

    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.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful