Questions Answered by Gary Lane

Q: If someone files a civil case against you and your name is not correct do you need to respond to said case?

2 Answers | Asked in Civil Litigation for New York on
Answered on Apr 5, 2018
Gary Lane's answer
Assuming they have the right person, but they have your name wrong, yes you should answer, or you can be in default. You can assert a defense in your answer as to the name if it constitutes a defense. Perhaps the name is one of the issues. But do not default.

Q: Injured back 2014 at job.received WC benefits for one year. returened to work 2days before,,having pain again.What to do

1 Answer | Asked in Employment Law and Workers' Compensation for New York on
Answered on Mar 29, 2018
Gary Lane's answer
Best thing is to get a consultation with a Workers' Compensation attorney. If you had one in 2014, contact him/her. If not, Worker's Comp attorneys give free consultations. You need a Workers Comp expert.

Q: Is it bad faith if I registered a domain name I let expire years ago when it became available again?

1 Answer | Asked in Intellectual Property and Trademark for New York on
Answered on Mar 24, 2018
Gary Lane's answer
Domains are on the market like any other product. You have every right to purchase any Domain you like. Look for the best deal - usually, the first year is less expensive. Good Luck.

Q: Legal protection from mentally ill family member that makes false accusations/charges

1 Answer | Asked in Criminal Law, Family Law, Domestic Violence and Libel & Slander for New York on
Answered on Mar 24, 2018
Gary Lane's answer
Hello in Gloversville. You are in a tough spot. You did not mention if this hospital is a government-run hospital or a private hospital. Technically you can sue the patient perhaps for Defamation and Harassment, but what would you gain? Even the authorities may have a hard time stopping this behavior. My thinking is, that you can deal with the hospital, informally; by letter; or even with legal action. I am located in Schenectady County.

Q: HOW ABOUT IF MY JOB IS BEING OUTSOURCED REMOTELY IN NEW YORK,

1 Answer | Asked in Employment Law for New York on
Answered on Mar 23, 2018
Gary Lane's answer
New York is an Employment at Will state. That means you can be terminated for any reason as long as it is not for reasons prohibited by the law, such as certain types of discrimination. Unfortunately, Outsourcing takes jobs away. I do not see a cause of action against the employer or the outsourcing company. More and more jobs will be lost this way. One way to avoid being replaced by outsourcing is to have a job where they need a person there, such bus driving, law enforcement, etc. And years...

Q: Is it legal in NY to enforce an employee to take lunch outside the desk and at a specific time?

1 Answer | Asked in Employment Law and Employment Discrimination for New York on
Answered on Mar 23, 2018
Gary Lane's answer
Generally, the employer may control the conditions of the workplace. An employer may require that lunch not be eaten at the desk in most usual cases, barring any handicap, reasonable accommodation. In terms of restroom accommodations, you would have to provide more information. Again, in the usual sense, it would not be an issue. If there are specific break times, that could factor into it, however, if you have to go, you have to go. But if you are going to the restroom every 10 minutes, the...

Q: Should I sue a company that wrongfully terminated me I believe due to identity discrimination against the inclusive law?

4 Answers | Asked in Employment Law, Civil Rights and Employment Discrimination for New York on
Answered on Mar 23, 2018
Gary Lane's answer
You have a few issues going on. As to the alleged discrimination, you can file a claim yourself with the NYS Division of Human Rights or the NYC Division of Human Rights if the venue is NYC. The process is fairly straightforward. You can also file in civil Court, but that would be difficult without an attorney. You cannot do both at the same time, and if your case is dismissed by the governmental entities, you will be barred from bringing a case to Court, depending on the reason for the...

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