Can I use the automated set of Excel program functions I created to solve my current employer's problem? Can I use my creation to provide a service to others at a fee? I solely created the "code" on my work computer, outside of regular working hou...
The issue is whether your creation of the macro was in the course of your normal duties. It sounds like it was, since you created the macro to solve your employer's problem. Was that part of your job? If so, I'm afraid your employer would own the copyright (assuming the employer wanted to enforce it) because it was a "work made for hire."See question
wedding is 6 months out. paid $765 for deposit #1 $775 deposit #2 is due now Cancelling due to financial hardship Terms state: in the event that I fail to pay any of the deposits on or before the due date set forth above, the contract will ca...
Hi. I would have to review the contract to know for sure what your rights and obligations are. But it sounds like you do not owe him the second deposit. This is especially true if he didn't lose anything as a result of you canceling. For instance, let's say you booked him for your wedding on June 10th; and let's say he had other opportunities to book other weddings on June 10th and that he gave up those opportunities because of his contract with you. Then he might have a claim to the second deposit, since you caused him to miss out on the other opportunities. But what if he easily could have found a replacement for you so that he booked another wedding for that day? Then he would get paid by for that wedding AND get your deposit? If that seems unfair, it is. It's called unjust enrichment.
You don't have to pay the second deposit if he can schedule another wedding to replace yours. Ask him what he's doing to find a replacement. Tell him he's not entitled to your $775 for doing zero work. This deposit is unenforceable and if he sends it to a collector, you should make all necessary complaints on Yelp or elsewhere calling him out for his unfairness and greed.
Hope this helps. And congrats on your upcoming wedding!
I have a case against the city resulting in an accident at work that happened in 2013. I had a very good lawyer who worked at a big firm handling my case until he left to join the D.A.'s office. After he left, I was assigned a lawyer who bluntly...
It's true that reports from independent medical exams usually aren't produced until about 30-40 days after the exam, and often longer. But what strikes me, as well as my colleagues above, is your lawyer's poor attitude. Just like doctors, lawyers - especially personal injury plaintiffs lawyers - need good bedside manner. In your case, your attorney was disrespectful by questioning your very reasonable request for copies of the med exam reports. I join my colleagues here in suggesting that you consult with the firm's managing partner. Failing that, you might consider firing the firm and taking your case elsewhere. In doing so, however, strive to find an attorney who is committed to getting your file and getting up to speed on the litigation fast. Good luck and I hope you feel better.See question
Is there any prohibition on making an online posting of a summons and complaint and the defendant's response (along with all of the exhibits) from a civil court case if the case is not sealed?
Be sure to redact any confidential information, such as social security numbers and medical information.See question
I was told I'd be terminated if my transfer is not approved because there isn't enough hours on my team
Hi. I can understand how anxious you must feel about this, and I hope your transfer goes through. I'm afraid you would have no legal recourse if you are, in fact, terminated. The main reason is that you are most likely an "at will" employee (most of us are). This means that you or your employer can terminate your employment at will - that is, any time you choose and for any reason.
But in your case, there is a reason for terminating you. The official-sounding term for it is Reduction in Force, or RIF. I'm sure you've heard about massive layoffs at much bigger companies, right? Well, the same thing that happened to those employees can happen to you. If a company has no need for employees, it can fire them. I know this sounds ruthless, but that's the law. And again - an employer really does not even need a reason to terminate you.
Good luck with the transfer. I hope all works out well for you!
An individual and I encountered unfavorable circumstances that caused them to write a negative review about me personally on my business page. "[Me] will waste your time and is not someone who can be trusted or who has any integrity. Would not...
I agree with Eric. This is not defamatory. It is an opinion. That you "will waste" time and are "not somebody who can be trusted" reflects a statement that cannot be construed as fact. Will you in fact waste everyone's time? No, but the writer believes you wasted his time. Do you have any integrity? Of course you do. But if you did not, how could it be demonstrated or disproved? And the last sentence is clearly an opinion. Speaking of opinions, mine is that, while undoubtedly offensive, the critic's remarks are not actionable.See question
I am selling my apartment and the buyer is a real estate broker, so he represented himself. He negotiated the sale price to be less than the asking price stating that he would waive his broker's fee (3%). He communicated that with my broker in an ...
What's more important is what, if anything, the contract states about paying (as opposed to waiving) the fee. If the contract does not state that you have to pay a fee, then that's all you need. There is no requirement to pay the fee. And no waiver is necessary for something that doesn't exist in the first place. Now, if the contract does indicate that you will have to pay the fee, then you've got a problem which you should try to resolve before the closing. The email alone would not be enough to change the terms of the contract.
To sum up: If the contract states nothing about the fee, then you won't have to pay at the closing. If the contract states that you will owe the fee, then you must resolve the discrepancy now with the broker/buyer.
Marc A. Sherman, Esq.
I am an exterminator. While fumigating a hotel, I accidentally caused one of the fire sprinklers to go off. The result was a flood that caused lots of water damage to the floors in the hallway and adjacent rooms. I know I am liable for the damag...
In NY, generally, one who negligently causes property damages can be liable for foreseeable consequential damages. Even if the damages were not foreseeable, though, one might still be liable for consequential damages that in hindsight do not appear to be an extraordinary turn of events. For example, if you injure someone by causing a small cut on his arm, and the arm later has to be amputated due to a subsequent infection, such a grave injury might not have been a foreseeable consequence of whatever act caused the cut - but in hindsight, it might not be so extraordinary to absolve you of liability. In your case, it may have been unforeseeable that whatever act you performed that set off the sprinkler would result in so much lost revenue from the rooms being closed while floor replacement and abatement takes place. But on the other hand, if your act was one which bore some risk of activating a sprinkler, the consequences, in hindsight, might not be extraordinary.See question
I own the vehicle. I was a passenger in my car and injured with whiplash, I went to the er. The cops at the accident scene told me that if I claimed injury that they would have to arrest the driver because of a previous NYS parking permit that she...
As in most lawsuits, you are required to establish the defendant's liability for the accident and the damages caused. Here, liability is very much in your favor because, in New York, a driver who rear-ends another car is presumed negligent. However, as discussed above, you have to establish serious personal injury under New York's no fault law. That is, you would have to establish, generally, that you had to miss work/school for a certain period of time because of the accident, or that you were bedridden or homebound for a certain period of time, or that you suffered at least $50k in damages (such as medical bills). The information provided does not indicate that you were injured badly enough (hey - that's a good thing!). A visit to the ER for whiplash just wouldn't be enough to establish the "severe injury" threshold. Under these circumstances, your insurance company would simply compensate you and then go after the other driver's insurance company for reimbursement. This illustrates the purpose of the no fault laws, which is to keep minor accidents out of the courts (which are clogged enough) and to let the insurance companies fight their policy-holders' battles.See question