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1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: Using non-payment of incentive as evidence of hostile work environment and discrimination?

A company has different departments. Some department has incentives and some department doesn't. The incentive basically works on how much time you save. So for example: You complete a 60 minute assignment in 30 minutes. So any time you save is added to your weekly check.

Every so often... Read more »

V. Jonas Urba
V. Jonas Urba answered on Jan 24, 2020

I think you need to call some employment lawyers. We would need to inquire much more about the facts which are actually motivating the changes to pay practices.

1 Answer | Asked in Family Law for New York on
Q: how to get a lower variation in child support due to the fact that children spend 3/7 of week with father

What documentation is necessary? What do I need to bring to court?

Howard E. Knispel
Howard E. Knispel answered on Jan 24, 2020

You will not lower your child support because you see the children more often. Unless you have sole residential custody, you will pay according to the Child Support Standards Act. It is based solely on income, not how often you see the children.

1 Answer | Asked in Divorce for New York on
Q: my divorce stipulates my ex relinquish her married name and retake her maiden name she has not what can I do so she does

Divorce is done, signed and final

Howard E. Knispel
Howard E. Knispel answered on Jan 24, 2020

Absolutely nothing. She has the right to change her name if sge wants but is not mandated to do so. I am sure your divorce says she "may" resume the use of her maiden name.

1 Answer | Asked in Animal / Dog Law for New York on
Q: My parents are getting a divorce. How can I legally take the dog with me without trouble?

My parents are going through a nasty divorce and I want to move out of the house. I currently live with my mom. How can I take the dog with me, legally so she cannot say no? I believe that he is registered to me but what if he's not? My parents got him for me as a gift.

Benjamin Z. Katz
Benjamin Z. Katz answered on Jan 23, 2020

It sounds like you are the owner. See if you have records showing you as the registered owner. Vet bills, NYC license papers, bill of Sale etc. However, even without those documents, if it was a gift to you, it is yours. If you can get your parents to acknowledge it in writing you can avoid trouble... Read more »

1 Answer | Asked in Criminal Law for New York on
Q: If you have a Warrant for your arrest can the cops bulld a case on you knowing that or are the suppose to bring you in
Michael D. Litman
Michael D. Litman answered on Jan 23, 2020

The police will put together all evidence on the case, regardless of a warrant being issued or not.

1 Answer | Asked in Landlord - Tenant for New York on
Q: I signed a lease in NJ & my parents are out of state & need me to care for them. Can I get out of my lease?

They own a home out there & I'm an only child.

Elaine Shay
Elaine Shay answered on Jan 23, 2020

The law varies in different states. You are more likely to receive a useful response if you post your questing in the New Jersey instead of New York section of this board.

1 Answer | Asked in Intellectual Property and Trademark for New York on
Q: Can I register my brand and my product under the same trademark? Just an example" Diamond Fuel by Herballlove"
Steven Fairchild
Steven Fairchild answered on Jan 22, 2020

Nope, your brand and your product are two separate trademarks and would need two separate trademark registrations.

1 Answer | Asked in Intellectual Property, Patents (Intellectual Property) and Trademark for New York on
Q: Hello, I would like to know if its possible to claim a inanimate object such as air?

Even though you can't physically see air, it is composed of several components that it's created from such as nitrogen and oxygen.

Steven Fairchild
Steven Fairchild answered on Jan 22, 2020

You cannot claim something natural. It has to be manmade.

You can claim a machine or device that uses air. For instance, a hot air balloon.

2 Answers | Asked in Employment Law for New York on
Q: If a person is sexual harassed at work, supervisor knows, and still works with that person is there a case?

After telling supervisor about all the things other rep said, was still told to work with that person. The one who said it was mad that something was stated to the boss about said stuff. Had 3 days of that person saying sexual comments. Now hard to work with this person.

Carrie Dyer
Carrie Dyer answered on Jan 22, 2020

You should review your employer's handbook or policy regarding reporting incidents of sexual harassment and ensure that you are following that policy. You should also report the sexual comments, in writing, to the Human Resources department. Be sure to report all future incidents in writing as... Read more »

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1 Answer | Asked in Traffic Tickets for New York on
Q: How do I deal with a ticket I had about 10 years ago and also had to go to court but didn’t go

I want to take out my license again but how do I start off with when I have multiple tickets and one court from 10 years ago ?

Zev Goldstein
Zev Goldstein answered on Jan 21, 2020

Depends on the Court. If you are not default convicted, go to each court, pay a suspension termination fee and post bail. You can either work out a plea deal, or set the matter for trial. Some of the officers will be retired.

1 Answer | Asked in Traffic Tickets for New York on
Q: After 10 years do I still have to go to court ?

So I have multiple tickets but there’s this one ticket that I got Because my 4 year old daughter was sitting on her seat then she took off her seat belt from her chair and got up and the police stopped me and gave me a ticket and a court however I lost my license so I didn’t go to court nor... Read more »

Zev Goldstein
Zev Goldstein answered on Jan 21, 2020

When you ignore a ticket in NY, it stays forever. 10 years or 30 years later, you need to deal with it if you want your driver's license back. How you deal with it is another question.

1 Answer | Asked in Divorce for New York on
Q: Ive been waiting for my divorce for 1 year the status of the divorce it says its disposed. what does this means?
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jan 21, 2020

It just means that the case is over. You should check with your attorney or go to the court clerk to see where your Judgment of Divorce is.

1 Answer | Asked in Real Estate Law for New York on
Q: Can I legally break lease if roommate violated lease?

I signed a lease with a roommate for one year starting Jan 2020. It is now 20 days in, and I am planning on moving out and not paying rent(which in turn does break lease) but the reason being is because roommate is violating the lease by subletting to her boyfriend and I do not feel comfortable.... Read more »

Elaine Shay
Elaine Shay answered on Jan 21, 2020

since I have not reviewed you actual lease, I cannot provide an answer for your specific situation. Generally, roommates are jointly and severally liable for the full amount of rent to their landlord and a roommate that leaves before the expiration of a lease remains liable to the liable to the... Read more »

1 Answer | Asked in Family Law for New York on
Q: I had a physical fight with my 19 year old daughter. No police were called and no charges were filed.

No damages to either person, Just a lot of anger. The 19 year old informed her other parent. Can there be charges pressed by the other parent?

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jan 21, 2020

The answer is no as a 19 year old is an adult.

1 Answer | Asked in Animal / Dog Law for New York on
Q: Someone gave their dog away do I have to give back if they want it?

I drove to pick a dog being given away due to not be able to take care of it anymore. Now being threathen wanting her back. Then calling me late night then writing apologies they were stress because of the family issues which has nothing to do with the dog or me and said can we be family. Now... Read more »

Benjamin Z. Katz
Benjamin Z. Katz answered on Jan 21, 2020

If someone voluntarily gave their dog to you, they are not legally entitled to the dog back. That may not stop them from trying.

1 Answer | Asked in Family Law and Child Custody for New York on
Q: i am a minor and i have an order of restriction against my mother its currenly been a year when will i be able to se her

my father has full costudy of me and i am only 15

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jan 20, 2020

Without seeing the order it is impossible to say when it ends. However, the order should end no later than your 18th birthday.

1 Answer | Asked in Tax Law for New York on
Q: Can New York state seize my car if I owe back taxes and I've been on social security for the last 15 years

I started out on Social Security Disability because I am hearing disabled. 15 years ago.

D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 20, 2020

Yes. Once a tax warrant has been filed the state can, and will, seize non-exempt property and auction it to pay your tax debt.

If you call them and setup a payment plan they'll pause collections activity.

You'll also want to check to see if you're driver's license has been...
Read more »

1 Answer | Asked in Education Law for New York on
Q: Need a lawyer to write to a university about my rights as a student & academic dismissal incorrectly done.
Mathew Paulose
Mathew Paulose answered on Jan 20, 2020

Greetings. Based on your inquiry, it appears you have been disciplined in some way by your academic institution that you feel is incorrect. The proper procedure for addressing an institution's actions is by way of an Article 78 filed in NY Supreme Court (if all internal procedures have been... Read more »

1 Answer | Asked in Estate Planning for New York on
Q: Disappearance of lawyer. Can we close estate without her? Or can we access the bulk of the funds?

My father’s estate (death 2016) did not close yet because we had to sell his house, which we could not do until one month ago. But now, the estate lawyer is unresponsive to us. We want to know if I write a letter as the other heir denying need for accounting requests, can my brother, the... Read more »

Michael David Siegel
Michael David Siegel answered on Jan 20, 2020

You can close the estate without a lawyer, but you should probably consult one to make sure everything was done legally, so there are no problems. If everyone is in agreement on everything, closing the estate is simple.

1 Answer | Asked in Consumer Law and Animal / Dog Law for New York on
Q: Adopted a dog out to an out of state customer. Wrong dog was sent, now they won't exchange. Dog was already adopted.

They received the wrong dog, now they won't exchange for the correct dog. Other customer had already adopted that dog and would like the one they adopted.

Benjamin Z. Katz
Benjamin Z. Katz answered on Jan 19, 2020

A properly drafted purchase agreement should deal with this possibility. If not, it is up to you to provide a reasonable replacement or refund their money.

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