Stephen V Pipenger’s Answers

Stephen V Pipenger

New York Corporate / Incorporation Lawyer.

Contributor Level 9
  1. How do i ask for Discovery In nyc

    Answered over 4 years ago.

    1. Stephen V Pipenger
    2. Brian Michael Higbie
    2 lawyer answers

    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.

    Selected as best answer

  2. My employer called me back from a layoff and told me I am a contract employee now - NO BENEFIT'S - can they do this?

    Answered over 4 years ago.

    1. Stephen V Pipenger
    1 lawyer answer

    Unless I'm missing something, I'm not sure on what grounds you would seek to file a charge with the EEOC. You haven't indicated any apparent discriminatory motive behind your former employer's actions. From what you have said, you were an at-will employee and they laid you off. There's nothing illegal about that. If they laid you off based upon a disability (or perceived disability), your race, your sex or your age (or they laid off a whole group of people who shared a certain trait and...

    1 lawyer agreed with this answer

  3. My manager emailed mean things about me to another manager

    Answered almost 5 years ago.

    1. Stephen V Pipenger
    1 lawyer answer

    Are you serious? Evidence for what? If they didn't fire you, demote you or adversely affect your employment, you have no case regardless. Either way, hurt feelings and gossip are not actionable. To paraphrase Justice Scalia in Oncale v. Sundowner: the congress did not intend to enact "a general civility code for the American workplace," when it enacted discrimination statutes such as Title VII into law.

    1 lawyer agreed with this answer

  4. Can an employer force you to quit?

    Answered almost 4 years ago.

    1. Stephen V Pipenger
    2. Alan James Brinkmeier
    2 lawyer answers

    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 '...

    1 person marked this answer as helpful

  5. Can the use of something or an action be considered both legal and at the same time illegal ?

    Answered over 4 years ago.

    1. Stephen V Pipenger
    1 lawyer answer

    Generally speaking, the lawyer, as your agent, is responsible for serving a subpoena. Whether or not what you describe, which you may want to go back and rewrite to clarify what you are asking, is ineffective assistance of counsel, you would essentially have to establish that you lost because of the lawyer's mistake. In addition, you would have to establish that it was more than a just a tactical choice the lawyer made a decision on. If the attorney, generally speaking, believed that a given...

    1 person marked this answer as helpful

  6. I was terminated from my position eliminating my position and you know the economy"

    Answered almost 5 years ago.

    1. Stephen V Pipenger
    1 lawyer answer

    You may actually have a case, but your factual description is very sparse. What you should probably do is go to your nearest Equal Employment Opportunity Office (EEOC) and file a "charge" there. In order to sue under the Federal Age Discrimination in Employment Act (ADEA), you have to do that first anyway. Based upon the very limited information you have provided, you may have a case. However, in the end, if you cannot prove that your age was the, or at least a substantial reason, they took...

    1 person marked this answer as helpful

  7. My girlfriend and I are on the lease for the apartment, she moved out, and won't pay rent. Is she obligated?

    Answered almost 5 years ago.

    1. Stephen V Pipenger
    1 lawyer answer

    First, typically a lease breaks down very simply. The landlord (lessor) agrees to provide the space, the tenant(s) (lessee(s)) agree to pay the rent. Regardless of how many people sign the lease, the landlord is entitled to the entire rent. Regardless of whether someone moves out, the landlord is entitled to the entire rent. In other words, in essence, each person is responsible for the entire amount (however you deliver it to the landlord). Because both of you are on the lease, you are...

    1 person marked this answer as helpful

  8. 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

    Answered almost 4 years ago.

    1. Christopher G Brown
    2. Elizabeth Franqui
    3. Stephen V Pipenger
    3 lawyer answers

    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.

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

    Answered about 4 years ago.

    1. Susan Pernick
    2. Stephen V Pipenger
    3. Steven M. Shape
    3 lawyer answers

    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...

  10. Is it discrimination?

    Answered over 4 years ago.

    1. Joshua Alexander Bernstein
    2. Stephen V Pipenger
    2 lawyer answers

    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,...