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I was taken out of work by my neurologist on March 19th due to illness, and a request was submitted for disability paperwork. My doctors provided the information, which my employer insisted on submitting on my behalf. They submitted it on March 28th, after calling me and terminating my employment,... View More 
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answered on Apr 18, 2025
It depends on more detailed facts. You state "in your state" which implies that you may have performed work in a state outside New York. We are licensed in New York and each state has unique labor laws which are at least to federal standards and most go beyond federal law coverage. There... View More
I am concerned about a recent incident involving a parolee, where parole officers conducted a search based on hearsay without presenting a warrant. An informant called about a false allegation, resulting in the parolee being detained at the precinct for 5 hours during his weekly check-in. During... View More
My wife was terminated from her permanent position with a UN agency due to charges of misconduct involving staff hiring and contract issuance without adhering to regulations. Although she admitted to the mistake, she feels the penalty of summary dismissal is excessive. The investigation was not... View More
Can I file a claim if police raided my apartment without showing a warrant, took money, and later returned it? The raid was deemed unsuccessful, and the charges related to a small amount of a controlled substance found in the apartment were dismissed at the first court date.
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answered on Apr 16, 2025
Yes, you may have grounds to file a legal claim if the police raided your apartment without presenting a valid warrant, seized your property, and the charges were later dismissed. The Fourth Amendment protects you against unreasonable searches and seizures, and failure to produce or execute a valid... View More
I'm seeking advice on how to pursue a claim for compensation after being incarcerated for nearly three years. My conviction was reversed on appeal on December 17th, 2023, with the conviction dated August 6th, 2021. I have not received any compensation or guidance from the appeal court, and... View More
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answered on Apr 14, 2025
A good starting point would be to see if you reside on one of the 35 States that have a wrongful conviction compensation statute. This link is to a table showing the features of those statutes:... View More
It says 'don't answer this email' on my email, but, 'You may still have a case under the concept of continuous treatment if your surgeon has failed to properly assist you after the emergency surgery in 2019' and 'it's advisable to consult with an attorney who... View More
answered on Apr 14, 2025
Under the continuous treatment doctrine, the statute of limitations is tolled during the time in which the healthcare provider is treating you for the condition giving rise to the malpractice action. The treatment has to be continuous and ongoing, e.g. regularly scheduled follow-up appointments. If... View More
I have a sexual abuse case against the clergy of the Catholic Church in New York, pending since 2019. My lawyer is not communicating with me, and the only time we spoke was last year. I always speak to the paralegal or secretary when I call, and they rarely answer. I don't know what is... View More
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answered on Apr 13, 2025
It can be incredibly frustrating when your lawyer doesn’t communicate about your case. The first step might be to put your concerns in writing—send a formal letter or email directly to your lawyer, politely requesting a detailed update on the status of your case. By documenting your concerns,... View More
In an educational setting, I experience discrimination where my counselor enforces rules strictly upon me, such as not allowing entry into a group if I’m five minutes late due to confidentiality concerns. However, others are favored, and the rules are bent for them, allowing entry at any time... View More
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answered on Apr 13, 2025
It sounds like you're dealing with a situation where you feel unfairly treated compared to others in your group. If the counselor is enforcing rules on you but not on others, especially without clear and consistent reasoning, this could be considered discriminatory. Discrimination happens when... View More
My child came home with scratches on his arm and said his teacher caused them. The school questioned a student and two teachers; no one saw it happen, and the teacher denied doing it. The administration acknowledged my email about the incident and interviewed the teachers involved. We have photos... View More
answered on Apr 9, 2025
So sorry to hear what happened to your son. You should certainly report the teacher's conduct to the school's principal and perhaps even the school district's administrator, in writing. With regard to potential legal action, if this occurred in a public school, you have to file a... View More
I received a 10-day eviction judgment after missing a court date I was not notified about. Despite having letters from my doctors confirming my disability, the lawyer stated that I am not disabled and have no pending ERAP application, which has been closed to the public since January 20, 2023. What... View More
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answered on Apr 8, 2025
You should immediately seek to file a motion to vacate the eviction judgment, especially if you never received notice about the court date. You have the right to request a new hearing if you can prove that you missed it due to a lack of proper notification. This motion is typically filed with the... View More
I have a no contact order against me regarding my wife, issued a month ago, but all my essential belongings, including clothing, cooking items, blankets, my birth certificate, and banking info, are still at her place. The order prohibits me from going to the property, but I've been informed by... View More
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answered on Apr 5, 2025
I'm sorry to hear about your situation. In New York, if there is a valid no contact order (commonly referred to as an order of protection) issued by a court, you are prohibited from having any direct or indirect contact with the protected party, including going to their residence, even if it... View More
I had an inappropriate and disturbing conversation at work with a coworker who is in a somewhat supervisory role. She made disparaging remarks about my relationship with my boyfriend, who is Middle Eastern, and commented on my family background in a derogatory manner. Another female coworker... View More
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answered on Apr 7, 2025
Start by documenting the conversation in detail. Write down everything that was said, including the date, time, and location, along with the names of anyone who was present. This documentation will be crucial if you decide to report the incident later. Having a clear record will also help you... View More
Upon disembarkation from a cruise, my teens' cards were revoked, and we were unable to leave the ship for over an hour. Cruise staff initially told me that my teens were part of an incident, while CBP later stated they were potential witnesses. Despite repeatedly asking if we were being... View More
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answered on Apr 7, 2025
It’s understandable that you’d be concerned about what happened during your disembarkation. In general, both the cruise line and U.S. Customs and Border Protection (CBP) have the authority to question individuals if they believe there is a potential involvement in an incident or if they require... View More
I want to know if it is legal to have video cameras with audio in restaurants in New York State. The cameras are visible to the public and employees, but there is no notice given about the recording. The video is used for surveillance, but I'm unsure about the purpose of the audio; I assume it... View More
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answered on Apr 7, 2025
In New York State, using visible video cameras in public areas, such as restaurants, is generally legal. However, when these cameras record audio, the situation becomes more complex due to privacy laws.
New York operates under a one-party consent rule for audio recordings, meaning you can... View More
I am a 65-year-old pianist with a degree from Berklee College of Music, and I play classical and jazz music at my local subway station. Since 2019, I have been experiencing harassment from a woman who works at the station. She often ignores me when I try to check my metro card balance and becomes... View More
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answered on Apr 2, 2025
To pursue a claim against the Metropolitan Transportation Authority (MTA) for harassment and discrimination, you would need to file an administrative complaint before proceeding with a lawsuit, as the MTA is a public entity subject to specific procedural requirements. Your situation potentially... View More
I am dealing with a non-payment eviction case in Southampton Justice Court, Hampton Bays, NY, where the landlord's lawyer claims to have sent multiple Late Rent Notices without evidence, such as certified mail tracking or delivery confirmation. The landlord has not maintained the lot according... View More
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answered on Apr 1, 2025
Under New York Real Property Law §235-b, landlords must maintain all premises in accordance with the Warranty of Habitability, which requires providing tenants with livable, safe, and sanitary accommodations regardless of what your lease states. Your landlord's failure to maintain the lot... View More
Can I take legal action against my mother for kicking me out of her house in Rochester, NY, when I was 18 years old? I had lived there for several years, was not paying rent, and was not given any notice or reason for being asked to leave. The issue arose because my mother was unhappy with my... View More
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answered on Mar 31, 2025
I understand that being asked to leave your home under these circumstances is distressing. In New York, once an individual reaches the age of 18, they are considered a legal adult. This means that parents are no longer legally obligated to provide housing or support. As a result, a parent can ask... View More
I'm facing a child support issue where my parental rights haven't been surrendered, yet I'm judged to owe over $3,500 in arrears, despite the other parent owing me over $70,000. The court magistrate refused to review my financial statements and made allegations without proper... View More
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answered on Mar 25, 2025
You may be able to qualify for a court-appointed attorney based upon your financial circumstances. You would have had to tell the magistrate before the hearing. It sounds like it is too late for you to do that now. Also, if the judgment was granted against you in 2023, it s too late to appeal it... View More
I believe my neighbors are involved with government surveillance involving unauthorized monitoring and interrogation, evident through daily suspicious activities and increased foot traffic. I have photographed military equipment and electronics being delivered to their house. My iPhone is being... View More
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answered on Mar 25, 2025
I understand you're going through a difficult situation and feeling violated. Your experiences sound distressing, and it's completely reasonable to seek help when you feel your privacy and rights are being infringed upon.
When dealing with complex concerns involving potential... View More
My daughter suffered postpartum psychosis four months after exclusively breastfeeding. Despite informing 911 that their call was a mistake, an officer arrived, incorrectly assumed drug use, and insisted my daughter couldn’t take her baby, who was perfectly fine. When I returned, everyone was... View More
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answered on Mar 27, 2025
The fifty states of the United States are not a political body that provides accountability for anything. There is no recourse for errors and omissions, and abuses are the standard. DOGE only recently entered the picture.
We see one abuse, the mischaracterization of a new mother and her... View More
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