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Questions Answered by Jacob David Verchereau
1 Answer | Asked in Employment Discrimination, Employment Law and Legal Malpractice for New York on
Q: Can a lawyer represent employer in two separate cases from same individual while one is under investigation is it legal

It's a open case for division of human rights/eeoc charge and a seperate unemployment hearing where same lawyer during ui hearing asked about reasonable accommodation and other questions pertaining to opposite case

Jacob David Verchereau
Jacob David Verchereau answered on Jul 15, 2020

The question you are asking is whether it is a conflict of interest for the Employer's attorney to represent the Employer in two separate proceedings, both of which involve the same Employee. This is relatively common in my experience. Without more, it would seem to me that this would not be a... Read more »

2 Answers | Asked in Employment Law and Employment Discrimination for New York on
Q: I was terminated on the day that I was supposed to start due to me refusing to go to work with COVID like symptoms.

I told them I would get tested tomorrow and they called me today and told me not to bother coming back. I believe this is extremely negligent because If I went to work and turned out to have COVID I could infect numerous amounts of people. So how can I get punished for protecting me and others. I... Read more »

Jacob David Verchereau
Jacob David Verchereau answered on Jul 8, 2020

You were likely entitled to emergency sick leave pursuant to the Families First Coronavirus Response Act (FFCRA). If you were terminated because you were experiencing symptoms and seeking a medical diagnosis, you may have a legal claim against your employer.

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1 Answer | Asked in Education Law and Employment Law for New York on
Q: My employer refused me to return to work due to my school schedule. They told me to resign when I did not wan to

What impact will this have on my filing for unemployment benefits?

Jacob David Verchereau
Jacob David Verchereau answered on Jun 29, 2020

Generally, when you resign voluntarily you do not qualify for unemployment insurance. However, under these circumstances, you could still file a claim. If your employer does not contest your claim, you will likely receive unemployment benefits. If the employer does contest your claim, you could... Read more »

2 Answers | Asked in Employment Law for New York on
Q: I am getting temporary disability through my job, well they just terminated me today. Can they do that ?
Jacob David Verchereau
Jacob David Verchereau answered on Jun 22, 2020

Whether or not your employer can legally terminate you while you are on a temporary disability leave depends on several factors. If you believe you have been fired in retaliation for exercising your right to disability leave, then you should consult with an attorney immediately. A couple of factors... Read more »

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2 Answers | Asked in Contracts for New York on
Q: havent recieved the keys 20 days after lease started. can i just break the lease and find another place to live.

Lease started june 1

still havent recieved the keys

landlord has stopped responding

buffalo ny

have not even entered the property during the lease term yet

can i break the lease and find another place

has my deposit which is equal to two months rent

Jacob David Verchereau
Jacob David Verchereau answered on Jun 22, 2020

Yes, the failure of your landlord to grant you possession of the leased property during the lease period would certainly be considered a material breach of the lease agreement. Before signing a new lease, you should send a formal letter to the landlord stating that he/she has breached the lease... Read more »

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