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Ronald Joseph Kim

Ronald Kim’s Answers

869 total


  • I have a workers comp love sum settlement. Will that be taken from me in bankruptcy?

    I'm filing bankruptcy within the next couple of weeks . In May I received a lump sum workers comp settlement under Section 32 for my injury. This is for lost wages. The medical portion of my case is still open. I put the money in a family trust s...

    Ronald’s Answer

    I practice in Northern District of New York bankruptcy court and based on my knowledge of the Trustees, my guess is that you may have to disgorge any funds in this trust that you cannot demonstrate are for reasonable and necessary expenses. I would strongly urge you to seek good bankruptcy counsel on this issue if you have not already If you are filing this petition on your own, you are taking a big risk--the relatively minor legal fees you will incur will be worth it in preserving the maximum amount of this trust fund.

    Good luck,

    See question 
  • What is the process of filing a Complaint with NYS Human Rights about discrimination?

    What is the process of filing a complaint?

    Ronald’s Answer

    First, contact an attorney who does this type of work. If you don't know one in your area consult the following website:

    www.nelany.com

    Many attorneys who specialize in this type of work, including our office, offer a free initial consultation to evaluate your case and will take a viable case on contingency, so you have nothing to lose and everything to gain.

    Second, don't assume that the NYS Human Rights Division will be sympathetic to your plight simply because of their statutory responsibilities, nor should you assume that they are even the best forum for your complaint. Sometimes the EEOC (Equal Employment Opportunity Commission) or State Court may be better places to file, depending on the claim, the employer and/or what type of damages you are seeking. All of these issues can be dealt with by a good employment/labor attorney.

    Finally, if you have talked to some good employment attorneys and they have told you that you don't have a case, and/or have refused to take your case after understanding the relevant facts. You should take such advice to heart. There are many situations and circumstances in the employment relationship that may be patently unjust and unfair, that are completely legal.

    Good luck,

    See question 
  • Do we have a case for Hostile Work Environment, if no Discrimination is present?

    My boyfriend has been working at a small company for about 9 months. He is usually quite stoic, but he routinely comes home upset and anxious, because his boss is often raising his voice or yelling, directing profanities at him, and regularly acc...

    Ronald’s Answer

    Before February 13, 2013, your boyfriend probably would not have a claim unless there was some discriminatory animus. However at that time the New York State passed the "Healthy Workplaces Act." This statute MAY prohibit some of the boss' actions. You should contact a qualified attorney in your area.

    Good luck,

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  • I want to sue employer

    I was accused of stealing then they found out they were wrong. I was denied a promotion but then asked to do the job until they hire someone with no pay increase. When the new person was hired I was told to train them for the job I got passed up f...

    Ronald’s Answer

    Based on the information you have provided, I believe you may have a claim against your employer for discrimination based on gender and sexual preference. You should contact a qualified attorney in your area who handles these types of claims. If you don't know one, consult the following websites:

    www.nela.org

    www.nelany.com

    Good luck,

    See question 
  • What can I do if I am unable to meet my responsibilities if my wages are being garnished for judgment entered against me.

    I am the only source of income for me and my family, which includes 2 children. Due to garnishment, we have fallen behind in our utilities and rent bills and have had to resort to using credit cards to maintain other necessary expenses (food, chil...

    Ronald’s Answer

    Consider filing bankruptcy to stop the garnishments. See an experienced bankruptcy attorney in your area--most will give you a free initial consultation, so you have nothing to lose.

    Good luck,

    See question 
  • Repaying student loan

    My dad cosigned a salliemae smart option loan. He had passed away 3 years ago. When I sent the information I was told just the student would now be responsible. I have the persons name who told me that. They took his name off the loan and my ex st...

    Ronald’s Answer

    Student loans ARE NOT like other consumer loans. You need an attorney who has experience with these loans. I would recommend that you contact an attorney in your area with this specifc expertise. If you don't know one, search this list:

    http://thestudentloanlawyer.com/workshop-graduates/

    Good luck,

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  • Is it legal for an employer to terminate you without them notifying you?

    I began employment with this company on 12/22/2010 as a full time employee. On August 20, 2013 I was taken out of work by my doctor due to injuries sustained in a car accident. On 12/ 04/2013 I received a letter from my health insurance telling me...

    Ronald’s Answer

    Discuss your situation with a qualified employment attorney in your area who represents plaintiffs. There is no simple answer, but you MAY have a claim for violations of the Americans with Disability Act and/or the Family Medical Leave Act.

    If you don't know an attorney in your area, go to the following sites and search:

    www.nela.org

    www.nelany.com

    Good luck,

    See question 
  • Employer videotaping us without us knowing while we're changing

    I work in a shoe store in Manhattan. All the employees except for me are men. We are required to change in the stockroom, into our uniforms, since there's no changing area. I just learned that the stock room has video cameras because I was brou...

    Ronald’s Answer

    Find a qualified employment/civil rights attorney to consult with--based on the information you have provided, this appears to be illegal and you should take appropriate action.

    If you don't know one in your area, search the following websites:

    www.nela.org

    www.nelany.com

    Good luck,

    See question 
  • I was verbally abused by my boss , I was belittled and made to feel incompetent in front of other staff and clients. Is this ill

    I was forced to quit because 9 months of abuse ,I reached my breaking point. I was physically ill every morning just thinking about having to go to work.

    Ronald’s Answer

    Speak to a qualified employment attorney about your situation as soon as possible. This is an emerging issue in employment law (if your are a sports fan you probably heard about the Miami Dolphins lockroom). Whether you have a possible legal remedy will depend on several factors, but a good employment attorney can sort through this.

    If you don't know an attorney in your area go to:

    www.nela.org

    or

    www.nelany.com

    and search--good luck,

    See question 
  • Fired for a 12 year ago conviction. Didn't put it on my application. Do I have a case or move on?

    All though I was there for almost 2 years, They received an unanimous letter informing them of my conviction 12 years ago. I never indicated it on my application. Background check showed clean. they let me go, the reason not trustworthy, even aft...

    Ronald’s Answer

    If you were directly asked the question (even years ago) and you did not disclose or lied, then probably you have no case. However, if the question was ambiguous or somehow confusing, then it is possible that you have a claim under the New York State Human Rights Act which protects workers in hiring and firing for a criminal conviction. I would recommend that you contact a good employment attorney in your area to assess the facts of your case.

    If you don't know one go to one of the following sites and search:

    www.nela.org

    www.nelany.com

    Good luck,

    See question