Questions answered by B. Shamus O'Donniley

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In New York State does an employer have to notify the employee upon hire that a random drug test can be given?

B.'s answer | Answered on July 08, 2014

No, to my knowledge no notice is required if the employer suspects drug use. You may refuse the test and you employer may also fire you as an at...

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Subjective and overwhelmingly negative reference given by manager at my previous company. Offer at new job revoked due to it.

B.'s answer | Answered on July 08, 2014

Based on those facts it sounds like you may have causes of action. More information is required to be certain. Contact an attorney for a...

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I filed for uncontested divorce and purchased the Index No. 6 years ago, but did not proceed any further. Can I file a new case

B.'s answer | Answered on July 07, 2014

You could try moving the Court for leave to serve the pleadings after the 120 day requirement. You will probably want to move to amend the...

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My landlord is allowing people to live in the commercial spaces. i find it unfair/illegal. he wants to evict me after i asked

B.'s answer | Answered on July 07, 2014

Your landlord cannot evict you if you have a lease until the expiration of the lease (unless you are breaching the lease). Yes, you could report...

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Can I discontinue the uncontested divorce and re-file right away? is there any grace period between discontinuance and re-filin

B.'s answer | Answered on July 06, 2014

You need the assistance of an attorney. You may only amend by motion at this point. See CPLR 305 and 3025. Discontinuing is a bad idea if you want...

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Can employer suspend me without pay for growing a beard for religious reasons

B.'s answer | Answered on July 05, 2014

You should retain an attorney ASAP to assist you in complying with what it sounds to me like are reasonable guidelines. If you are able to seem...

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Are all employers required to pay overtime to employees that work over 8 hours per day or, 40 hours in a week?

B.'s answer | Answered on July 01, 2014

More information is required, but based on what you are saying it does not sound legal. Generally all employers must pay 1.5 for any time over 40...

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Looking for an attorney in NY experienced in multi-party business disputes to represent an employee against her former employer.

B.'s answer | Answered on July 01, 2014

Find an attorney familiar with cases in the diamond district. It will aid in obtaining an expert if required and also aid in proving other...

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Can you supoena from a business? I work at a retail store. I think my ex is calling me.

B.'s answer | Answered on July 01, 2014

Have you considered changing your number as a far more cost effective solution compared to litigation?

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What taxes do I need to file and pay as a 15 year old tutor?

B.'s answer | Answered on June 29, 2014

See here: http://www.irs.gov/publications/p501/ar02.html#en_US_2013_publink1000270109 New threshold amount of income required for filing in listed...

B. Shamus O'Donniley's Answers (87)

In New York State does an employer have to notify the employee upon hire that a random drug test can be given?

Subjective and overwhelmingly negative reference given by manager at my previous company. Offer at new job revoked due to it.

I filed for uncontested divorce and purchased the Index No. 6 years ago, but did not proceed any further. Can I file a new case

My landlord is allowing people to live in the commercial spaces. i find it unfair/illegal. he wants to evict me after i asked

Can I discontinue the uncontested divorce and re-file right away? is there any grace period between discontinuance and re-filin

Can employer suspend me without pay for growing a beard for religious reasons

Are all employers required to pay overtime to employees that work over 8 hours per day or, 40 hours in a week?

Looking for an attorney in NY experienced in multi-party business disputes to represent an employee against her former employer.

Can you supoena from a business? I work at a retail store. I think my ex is calling me.

What taxes do I need to file and pay as a 15 year old tutor?