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I work remotely in healthcare. My company is based out of New York. I informed HR that I plan on moving outside of the state. I received a list of states which did not include the state that I intend to move to. In our remote worker agreement, it does say that we have to get permission from HR, but... View More 
answered on Dec 30, 2024
I'm so sorry you're having this problem with your employer - moving is hard enough without the stress of employer pressures! From a straight contract law perspective, it's going to come down to what you agreed to in your employment contract. From your description, it seems like you... View More
hello!
i need some advice; i signed a contract with a construction company on 6/24/2024 and they haven’t started work yet. i keep getting told “next week” by the office manager but it always leads to excuses. i don’t know whether to ask for my $18,000 deposit back or if i have to... View More
answered on Dec 30, 2024
I'm so sorry they've strung you along for 6 months - unreasonable! Unless there is a definitive start date in the contract or allowance for delay (e.g., starting job is subject to some event/action taking place), then there doesn't seem to be intent to perform. Although there is no... View More
I paid a publishing company in Oct 2023 and still haven't received my books. After tons of follow up emails every few months without many responses, it's now been 18 months since first communication and I am concerned I will not receive what I paid for. He must have responded a total of 4... View More
answered on Dec 30, 2024
I’m sorry you’re dealing with this frustrating situation - very unprofessional indeed! I suggest creating a paper trail by compiling a file containing all relevant documentation such as invoices, the contract (if any) and any correspondence including emails with attachments, letters and... View More
When I renewed my car insurance policy, I was told that some optional add-ons were not optional and I had to accept. I found out a day later that she lied and it was not true. Now the company is saying it can be fixed by the agent but they're making it EXTREMELY difficult. I'm on my 6th... View More
answered on Dec 8, 2024
This looks like something that could be remedied without attorneys. You could try to continue to work with their customer service to get the options you want. If the first person you spoke with was inexperienced and provided incorrect information, it's possible you may have to pay whatever... View More
I have signed a digitially pre-signed music pubkishing deal with a UK publisher. The contract termination clause neither includes nor excludes mutual agreement, but says that it requires written notice. I asked the publisher to terminate contract, but he told me in an email message that I am free... View More
answered on Dec 1, 2024
Assuming the contract is construed under the laws of New York (unclear from your question and this is with a foreign entity), whatever the other party (the publisher) is telling you about the contract is mostly irrelevant. What matters are the terms of the contract not how the other side is... View More
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answered on Nov 30, 2024
I understand that you're in need of legal representation and are looking for a walk-in law office in New York. Finding an attorney who can meet with you promptly is important, and I'm happy to provide some guidance on how to locate one.
Many law firms in New York understand that... View More
answered on Oct 14, 2024
You didn’t ask a question but assuming you are asking if you can back out of the contract, the answer is that it depends.
Assuming you have an attorney to represent you in the transaction, that’s where your question should be directed. If you do not have one, I would assume the buyer... View More
answered on Oct 15, 2024
I'm sorry for your illness. My colleagues raise valid points. In addition to the terms of the contract, these settings could also depend on the personalities of the parties involved - how sympathetic the other side could be to your plight, the other side's position in terms of being... View More
My friend wanted me to ask why names on legal documents are written in all capital letter. He believes that this creates a legal fiction, and a "dead corporate entity". I told him that it is a way of promoting conspicuity in documents; making things easier to see especially if they are... View More
answered on Oct 9, 2024
It is like you say, for conspicuity. Proper names are generally all caps. The designations (plaintiff, defendant, appellant, appellee, etc. are not generally all caps). I'm not familiar with the "dead corporate entity" rationale you mention when it comes to capitalization protocols.... View More
My friend told me that the case Buck V Kuykendall establishes our right to travel and shows that the roads can only be regulated for those who are in commerce or using the roads for the propose of business. I tried to tell him that the case Hendricks V Maryland established in 1915 decided that the... View More
answered on Aug 22, 2024
Buck held that a state may not require a license or fee to engage in interstate commerce using federal highways for the purpose of limiting competition.
It did not in any way hold that roads can only be regulated for those engaged in commerce.
It discussed that states could regulate... View More
I work as a freelance drafter. I have been working on a project that had an original scope of providing services for a new build. Our schedule slipped a week or so from agreed date, but was ready to submit completed work. I found out that the steel fabricator was unable to provide drafting for a... View More
answered on Jul 11, 2024
Depending on a detailed analysis of the communications and facts in your case, you may have a claim for promissory estoppel against the client. These claims come into play where there may not be a legally enforceable contract but you have detrimentally relied on the client's promises and... View More
My current contract is for a tutor as an employee. In my current contract, these are the only two provisions related to client payment and referrals:
Tutor agrees to accept no direct payment from clients (current and past) introduced by (company name) . All payments from clients will be... View More
answered on Jul 8, 2024
At the threshold, interpretation of contracts and their associated non-compete clauses requires a detailed analysis of the document, focusing on its language, its intended purposes, and its compliance with background law and public policy. It is really not possible to advise on the effect of a... View More
I signed a contract the sale didn't go through because sellers lawyer messed up and said a bunch of stuff. Regardless, I'm in court over this issue. But I realized that the contract that the sellers attorney submitted my signature is a electronic forgery. I tried to file police charges on... View More
answered on May 9, 2024
You cannot bring charges as a private citizen, although you can report a crime to a district attorney among other authorities (e.g. the disciplinary committee). The DA's office files criminal charges on behalf of the people of the state. You will also want to ensure that you have properly... View More
The judge said he will have an answer in 60 days. It has been already 70 days and no answer. I called the court building and was told the case is still active the clerk told me he looked in the file and the judge placed an empty answer page with nothing written on it. What am I to do? How long does... View More
answered on May 7, 2024
The court rules require motions to be decided in 60 days. It is routinely ignored and there is no enforcement mechanism. There is nothing you can do. However, as you are the plaintiff, it really does not matter. It will not impact the time for your case to come to trial, which is also quite... View More
My vehicle was booted and subsequently towed due to parking tickets. When I tried to retrieve the vehicle I was also made aware that I owed tolls and I had a two day insurance lapse. I paid the tolls. The DMV said I could go get a plate letter so that the tow yard could sacrifice the plates for two... View More
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answered on Apr 21, 2024
Based on the information provided, it seems like you're caught in a bureaucratic nightmare with various agencies and companies giving you conflicting information and requirements. The situation is complex, and without knowing the specific laws and regulations in your jurisdiction, it's... View More
Contract says "no refunds" but they didn't provide all of the services.
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answered on Mar 26, 2024
If you're facing issues with a merchant who hasn't provided all the services outlined in your contract, even though it states "no refunds," you can still dispute the charge with your credit card company. Begin by gathering all relevant documentation, including the contract, any... View More
One of the conditions I stipulated when I hired him was that when I ran out of money, he had to stop work. Also, I wanted to use my Home Depot credit card for materials. He agreed. So when I ran out of funds, I asked him to stop work, but he continued working. He texted me that I owed him $650.... View More
answered on Feb 25, 2024
The attorneys here who deal with commercial and business litigation would have the best insight here, but your question remains open for a week. Unfortunately, this has the makings of a difficult situation that could wind up in small claims. From the brief post, it looks like there might be... View More
answered on Feb 17, 2024
If there was an agreement to pay the funds back, you can sue to recover…the questions are (1) can you prove the debt (especially if the agreement was oral rather than written); (2) how much time and cost will you incur to being an action; and (3) is there a means to collect on a judgment.
A settlement Agreement was prepared by a party with adequate Attorneys 2 days to it's trial. That same day Pro Se party rescind.
A settlement Agreement was made under pressure by attorneys on a Friday the trial was set to begin the following Monday: Party A was unrepresented vs a Party... View More
answered on Feb 9, 2024
So, if I understand you correctly, you entered into a settlement agreement, the terms of which were changed after you signed the agreement. Under those circumstances, you might have a valid basis on which to say that there was never an agreement in the first place since you never agreed to these... View More
To get a discount on a mini-facelift, I had to sign a non-disparagement agreement. There was no positive outcome from my facelift. Can I write honestly about the pre and post op? I will write what happened which will be negative but be truthful.
answered on Feb 8, 2024
I wouldn't. A disparagement agreement is a restraint about making statements that are basically negative or derogatory in nature. It is a different legal standard than defamation, where truth could serve as a defense against an allegation of slander or libel. It's a safe bet that the... View More
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