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Stephen V Pipenger

Stephen Pipenger’s Answers

36 total

  • Does the Constitution allow the proposed legislation to stop the President from being paid during a federal government shutdown?

    Legislation has been proposed that would prevent the President and all members of Congress (not sure if this means Representatives and Senators or just Representatives) from being paid during a shutdown of the federal government caused by a lack o...

    Stephen’s Answer

    Well, first the president must sign such a bill into law, or the congress must override his veto. If he signed the bill into law, he would probably not have standing to sue (since he caused his own damages...or the defense would be that he caused his own damages). However, if he did not sign it, he would have to probably file a claim for wages with the DoL. He could probably bring a lawsuit seeking damages. On the whole, it's a silly question. It's not a constitutional question, but more political (since it's unlikely to even happen).

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  • I had a job in retail until I got fired for eating a piece of chocolate.( the candy wasn't paid for)The person who opened the

    candy bar and ate the first piece didn't get fired. Do you think I have a case? and if I do what type of lawyer do I look for?

    Stephen’s Answer

    Ms. Franqui gives the correct answer. I would only add that under New York State Law, you don't have to be at least 40 for the provision that prohibits age discrimination to apply. You must just be 18.

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  • Can an employer force you to quit?

    My employer is definitely trying to force me to quit. I'm sure he doesn't want to pay unemployment. We had a meeting where he tried to back me in the corner to quit but I hung in there. His words are "I don't want to let you go, but I don't know ...

    Stephen’s Answer

    When you say 'force you to quit,' it's not clear what you mean. Of course an employer can terminate you for any reason or no reason (unless it's a prohibited reason...such as because of your race, religion, etc. or if you are subject to an employment contract or collective bargaining agreement). There is a concept in employment law called a 'constructive discharge.' This is when an employer makes the work environment so unbearable that the employee 'quit' but it was because the employer 'effectively' fired them. This may be what is happening to you. While New York is a very pro at-will state, there are very strong anti-discrimination/employment laws on the books. For your own sanity, you may want to consult an employment lawyer. There is an organization called the National Employment Lawyers Association (NELA), and they have a chapter in New York, whose acronym is NELANY (www.nelany.com). They have a 'hotline' you can call for questions such as this.

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  • Since I can't find the Respondent, can I serve court papers for a civil law suit to the Respondent's attorney?

    The person I want to serve papers to (civil law suit) has decided to make himself scarce. Locating him has been a real challenge. Along with the law suit I want to set in motion, there's a person in another town who also is putting together the s...

    Stephen’s Answer

    You have at least another option. First, it is unclear if you want to serve the person individually or his company (assuming he has one). Second, assuming you know the name of the COMPANY that is the general contractor, you can search the corporations database with the New York State Secretary of State. The law requires every company doing business in the state to designate the Secretary of State as their agent for service of process. That means that every company who does business in New York designates the Secretary of State in Albany as where you can serve them to obtain jurisdiction over them. The Secretary of State will then serve the company at the address that it designates (see below).

    Here is my suggestion:

    1) Check the Corporations database at the New York State Secretary of State's office. The database will tell you what address they have designated as the address the Secretary of State will send them papers.

    2) You can then serve the Secretary of State, or you can serve them at the address the Secretary of State has designated.

    You can check out the Business Corporation Law section 306 (If it's a corporation) or the Limited Liability Company Law section 303 (if it's a limited liability company aka LLC). I doubt the GC is a partnership.

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  • Is it discrimination?

    I overheard my store manager comment to another associate that she refuses to have any one department within her store be predominantly staffed with women, even though the majority of applicants are female. She said strives to hire men whenever p...

    Stephen’s Answer

    In order for something to be "discrimination," an employer must take an "adverse action" (firing, refusing to hire, demoting, etc.) based upon a person's membership in a protected class. For instance, if this person makes decisions not to hire based upon a person's sex (in this case, female), that would be discrimination. To say, as a general matter, that she does this is not discrimination. If this supervisor did not hire, passed over for promotion or fired a person because she was female, this would certainly serve as "some evidence" of her motives, if it were to come out at trial (putting aside whether it would be admissible as hearsay). Your question is: "Is she legally discriminating?" Saying what she said is not actionable. It is prejudice, but it is not discriminating because there is no adverse action.

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  • How do i ask for Discovery In nyc

    I have already sent the court my answers and defense but i would like to ask for discovery can you please assit

    Stephen’s Answer

    • Selected as best answer

    Which court are you in? Some courts (small claims) require court approval. If you are in Civil Court or Supreme Court, look at article 31 of the CPLR for discovery options.

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  • Do I have legal recourse?

    I was recruited and hired by a firm in New York. After they tendered a very generous offer, I stepped down from another position, and accepted. I travelled across the country to NY. Upon arrival, I was never given a job description though I req...

    Stephen’s Answer

    If you wish to discuss, shoot me an email with your contact information. Steve@pipengerlaw.com

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  • Should I have an attorney's guidance while the HR department of my employer investigates my boss retaliating against me?

    I have mentioned the labor violations at my job to my boss and since then I have been singled out and treated badly while others get away with everything. I have been given a larger workload than others and held accountable for not completing eve...

    Stephen’s Answer

    The answer to you question is Yes. A labor/employment attorney can tell what you need to document to build a potential case against your employer. Whether or not there is a retaliation claim is one thing (and neither I nor anyone else can tell you without a comprehensive consultation). However, an attorney versed in this area of the law, can explain to you what is actionable, how you would have to prove your case and what you should document going forward. Try giving the National Employment Lawyers Association a call. Their website is http://www.nela.org/NELA/.

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  • Can my old company make me pay back the money I was behind in my draw vs commision?

    I told them "I think I'm going to be resigning". Before I could say anything else the owner said "good" so I did not offer notice. They still owe me $1000 in expenses and are refusing to pay on the basis that I quit with no notice and was behind...

    Stephen’s Answer

    Well, first, there are some questions that require an answer.

    1) Did you have an employment contract that required you to give notice?

    2) What are the "expenses" you allege they owe you?

    3) What were the terms and conditions, when you started regarding a draw (did they tell you up front that you must "return" any "negative balance"?)

    4) There is a purely financial consideration here. Do you want the hassle of time and effort to sue, go to court and then have to try and collect? The reason I say this is that most likely, you would end up in small claims court (because the amount is only $1,000) and any judgment may be hard to collect.

    While this is not an offer of representation and this is not legal advice (but merely informational purposes), if you would like to actually speak to me about this, free free to call or email and we can discuss your options.

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  • I work with 2 women who make days on a daily basis just pure hell. They ostracize me, keep me uninformed and don't include me

    in anything that they do work-related outside of the office, ie events for work. I have told my boss via email a few times of the hostile work environment they have created but she refuses to do anything about it. Can I "force" her to? Legally spe...

    Stephen’s Answer

    Harsh as this may be, what you have articulated sounds nothing more than hurt feelings. There is no remedy at law for hurt feelings.

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