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Questions Answered by Carmen "Jack" Giordano
4 Answers | Asked in Personal Injury, Legal Malpractice and Collections for New York on
Q: What can I do if my lawyer hasn't sent awarded money from a judgment?

I won my personal injury judgment, but I haven't received any of the awarded money from my lawyer. It's been over a year since I started trying to get my settlement. I haven't been able to get in touch with my attorney or their office, and answers provided previously were not... View More

Carmen "Jack" Giordano
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answered on Jun 5, 2025

Make sure you do more than try to call them. Create a paper trail for your requests. Attorneys are obligated to properly respond and communicate with clients. It is part of our ethical responsibilities and fiduciary duty to our clients. Put something in writing, return receipt outlining all your... View More

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2 Answers | Asked in Employment Discrimination, Employment Law and Contracts for New York on
Q: Pregnancy retaliation with contract pay decrease in NYC non-profit

I work for a non-profit organization in NYC, where employees are given new contracts annually. I am currently pregnant and due in June, and notified my employer about my pregnancy back in January. Recently, I was offered a new contract for the upcoming year with a significant compensation decrease... View More

Carmen "Jack" Giordano
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answered on May 29, 2025

To answer this question properly, a lot more information is needed. One question I would have is whether other employees similarly situated were presented with reduced compensation packages. It is one thing to suspect you are being penalized with a salary reduction due to your pregnancy and another... View More

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2 Answers | Asked in Employment Discrimination and Employment Law for New York on
Q: Laid off after announcing pregnancy, exploring wrongful termination options.

I was laid off last Friday, and HR told me it was due to a reduction in workforce. However, I had informed my manager verbally about my pregnancy two days before the layoff, though I did not formally notify HR. My termination letter did not state a reason for my layoff. I'm the only person... View More

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answered on May 23, 2025

You should speak with an attorney immediately about this situation. The excuse provided for your layoff sounds pretextual coming on the heals of your having informed your manager about your pregnancy. It is also significant that your employer brought in a junior designer not long before they... View More

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2 Answers | Asked in Employment Law and Civil Rights for Florida on
Q: Is asking for an ADA accommodation enough to meet the standard under federal and state law in employment?

I requested specific accommodations under the ADA, specifically asking for meeting notes due to my ADHD and ASD conditions. My employer refused, citing privacy concerns, and claimed they are not subject to federal or state laws. I have supporting documentation, but they did not ask for it. Is... View More

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answered on May 18, 2025

We are located in New York, but here are a few things to consider under federal law. You say that your employer claims that the federal ADA and State law do not apply to them. Note generally speaking, once you make an accommodation request, your employer:

      •   Must engage in...
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5 Answers | Asked in Sexual Harassment and Employment Law for New York on
Q: Reported for sexual harassment after joking with coworker for years, legal grounds?

I have been joking with a coworker in a sexual nature for about 3 years. I'm gay and she's straight. Recently, a new coworker reported a comment I made to HR as sexual harassment, even though my longtime coworker and I have had similar exchanges without issue. There was a previous minor... View More

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answered on May 16, 2025

It would be wise to refrain from such further banter. Once your employer is on notice of what might be considered a "hostile environment" or unwanted discussion or behavior of a sexual nature, even if intended in the most innocent manner and not unwelcome by other colleagues, the employer... View More

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2 Answers | Asked in Employment Law, White Collar Crime, Consumer Law and Criminal Law for New York on
Q: Ex-employee stole money using company credit cards and took cash. Is manager responsible? What legal steps to take?

After an ex-employee resigned a couple of weeks ago, I discovered they were stealing from our hotel by using a different company's credit card to pay for guests' rooms while taking cash from those guests without anyone's knowledge. This was discovered through the ex-employee's... View More

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answered on May 13, 2025

You need to privately consult with an attorney about this. If you did not facilitate, conspire with or otherwise aid and abet the employee, you would not be criminally most importantly. Regarding your employment status and what you may be subject to given these criminal acts of your subordinate,... View More

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2 Answers | Asked in Gov & Administrative Law and Employment Law for New York on
Q: Does New York law require seniority accrual during unpaid FMLA leave?

I am a teacher in New York planning to take a 12-week FMLA leave. My school policy states that seniority is accrued during unpaid FMLA leave, but I've read that New York state law says seniority does not need to be accrued during unpaid leaves. Nine weeks of my leave will be paid using sick... View More

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answered on May 13, 2025

Under both federal and New York laws, employers generally are not required to provide seniority accrual while you are on FMLA. If an employer does so beyond the law is a separate matter and quite possible, as you seem to suggest. You always need to discuss your specific case and legal needs with an... View More

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3 Answers | Asked in Car Accidents, Consumer Law and Personal Injury for New York on
Q: What can I do if a livestock owner refuses to provide insurance info after an accident in NY?

I was involved in a head-on collision with a 1,400 lbs cow that wandered into the road on April 23, 2024, at 10:30 pm. I was driving at the speed limit (55 mph) and was wearing my seatbelt. My car was totaled, and I have insurance with Progressive Auto Liability, including Uninsured &... View More

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answered on Jun 15, 2025

There’s actually a case right on point in New York State. We’d be happy to help you with this. Let us know you can give us a call at 212-406-9466.

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2 Answers | Asked in Employment Law for North Carolina on
Q: Denied necessary accommodation at work for disability.

I'm disabled due to epilepsy and spinal disorders and work in event planning, including concerts and NASCAR races. My employer has previously provided me with a chair due to my condition. At a recent NASCAR event, I repeatedly asked for a chair but was denied without explanation, and my... View More

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answered on May 21, 2025

Given that your employer was aware of your disability and provided an accommodation for you, hopefully the failure to provide the chair at this particular NASCAR event was a one time anomalous mishap, ie, improper failure to accommodate, assuming the provision of the chair with rest time for the... View More

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2 Answers | Asked in Employment Law, Employment Discrimination and Gaming for New York on
Q: Is it legal for a manager in NY to threaten discipline for private religious discussions at work?

I work at a casino, and during a private conversation with a few coworkers about religion, our manager overheard us and warned that discussing religion at work would lead to us being sent home and receiving a point as a disciplinary action. There aren't any known policies about discussing... View More

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answered on May 15, 2025

This is a touchy situation. While you obviously have a constitutional right to freedom of religion, there may be reasonable limitations regarding bringing your particular religious beliefs into the workplace. For instance, if you are one of few Christians at a particular job and several Muslims are... View More

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