Terry Michael Sugrue’s Answers

Terry Michael Sugrue

Buffalo Employment / Labor Attorney.

Contributor Level 7
  1. CPS founded a case of neglict against me in FEB 2010 and I have appealed it.I got a letter saying they denied it, what do I do?

    Answered over 3 years ago.

    1. Terry Michael Sugrue
    2. David Alexander Browde
    2 lawyer answers

    Presumably, when you received the letter saying that your appeal was denied, the letter also explained your appeal rights. I believe that there are two administrative appeals. It appears that you made the first (simply asking the agency to reverse its "founded" decision and change it to "unfounded") and it was denied. You should then have the right to ask for a hearing before an administrative law judge of the Office of Children and Family Services. You need to be sure that you make...

    Selected as best answer

  2. Do I need an employment lawyer?

    Answered over 3 years ago.

    1. Terry Michael Sugrue
    2. Arthur H. Forman
    3. Alan James Brinkmeier
    3 lawyer answers

    If you file for unemployment and your employer claims you quit, the Department of Labor, unemployment insurance appeal board, will make an initial decision regarding the validity of your claim. If the Department rules against you, you can appeal your claim. An Administrative Law Judge will be assigned to your case and will hold a hearing and make a decision based on the record of your proceeding. You can do the unemployment hearing without an attorney, but if you want/need one an...

    1 person marked this answer as helpful

  3. 440 Motion Denied, I submitted a Motion to Reargue/Rehear w/in 30 days. When do I have to submit Notice to Appeal

    Answered over 3 years ago.

    1. Terry Michael Sugrue
    2. Christopher Paul Keleher
    2 lawyer answers

    I disagree with the prior answer. Good practice requires service and filing of a notice of appeal at the same time that the motion to reargue is served (i.e., within 30 days of receiving the judgment or order and notice of its entry). You should analyze whether the motion to reargue is a realistic option, because the motion seeks to have the same judge who decided the original motion change his or her mind. It might be best to avoid relying solely on a motion to reargue where an appeal...

    1 person marked this answer as helpful

  4. I was fired about a year ago for harassment they said i did it the night befor and was fired the next morning.

    Answered over 3 years ago.

    1. Terry Michael Sugrue
    2. Arthur H. Forman
    3. Alan James Brinkmeier
    3 lawyer answers

    An at-will employee can be fired for no reason or any reason except a prohibited or discriminatory reason. Among the unlawful discriminatory reasons that may apply, based upon what you mentioned, is your criminal record. Pursuant to Correction Law Article 23-a (section 752), unfair discrimination against persons previously convicted of one or more criminal offenses is prohibited. If you feel that you have been discriminated against, you should immediately file a complaint with the New...

  5. Can i sue a company for not taken me back after a workers comp case nyc?

    Answered over 3 years ago.

    1. Terry Michael Sugrue
    1 lawyer answer

    Workers Compensation Law Section 120 prohibits an employer from discriminating against an employee because he or she had filed a workers compensation claim for benefits. You can file a discrimination claim with the workers' compensation board. However, the clear prohibition of WCL 120 is not nearly as strong as it sounds. For example, usually an employer can lawfully discharge an employee injured at work, not because he filed a claim, but because the employee missed work. Thus, its the...

  6. 440 Motion Motion to Reargue/Rehear v. Appeal

    Answered over 3 years ago.

    1. Terry Michael Sugrue
    2. George Peter Conway
    2 lawyer answers

    You probably lost your right to appeal. CPLR 5513 (subd [a]) requires an appeal to be taken "within thirty days after service upon the appellant of a copy of the judgment or order appealed from and written notice of its entry". This statutory time limitation is considered jurisdictional [***3] with only a few statutory exceptions allowing extensions. The limited exceptions are found in CPLR 1022 (fifteen days after substitution of parties), CPLR 5514(a) (wrong method of appeal), CPLR...

  7. Is it ok to write to a now ex coworker in jail? Even though I still work for the company?

    Answered over 3 years ago.

    1. Michael S. Haber
    2. Terry Michael Sugrue
    2 lawyer answers

    It is best to exercise discretion in your communications. While no one may find out about it, if your employer does find out and has a problem with your association with the ex-coworker because of his alleged crime against the company, it could create trouble for you. The type of work you and/or the company you work for perform may be relevant. Unless covered by a collective bargaining agreement or other employment agreement, most employment relationships are what is known as "at will",...

  8. Off work 3 months. Full med benefit. Co just sent bill for me to pay back med insurance for the 3 months. Legal to do?

    Answered over 3 years ago.

    1. Terry Michael Sugrue
    1 lawyer answer

    The Family Medical Leave Act (FMLA) requires a covered employer to grant medical leave (up to 12 work weeks during a 12-month period) to an employee in certain circumstances. Under the FMLA, an employer always must maintain the employee's existing level of coverage (including family or dependent coverage) under a group health plan during the period of FMLA leave, provided the employee pays his or her share of the premiums. (29 C.F.R. §§ 825.209, 825.210). An employer may not...

  9. My father just retired and I am disabled, Will the money I get from his retirement affect my SSI and SSDI?

    Answered over 3 years ago.

    1. Terry Michael Sugrue
    1 lawyer answer

    SS Disability does not have an unearned income limit. Thus, if you are receiving money from your father's retirement, your SSD should not be affected. SSI, on the other hand, does reduce benefits based upon unearned income. However, without knowing more details, I cannot say whether the additional income that you will receive is enough to reduce your SSI. It can happen. A disabled adult child of a retired wage earner may also receive benefits on the account of a parent. So, yes, it...

  10. Can an employer force a part time employee to run company errands with their own car

    Answered over 3 years ago.

    1. Terry Michael Sugrue
    1 lawyer answer

    Probably. Most employment relationships are what is known as "at will", meaning that an employer can hire or fire someone for any reason or no reason whatsoever, as well as generally impose terms and conditions of employment as it sees fit. This includes the use of a personal vehicle to run company errands. Unless this is prohibited by a collective bargaining agreement or other employment agreement, this is perfectly legal. The response given is not intended to create, nor does it...