William Cafaro by cjleclaire
Employment Law,Medical Malpractice,Personal Injury Lawyers
May 17, 2016 | 3236 views | 0 0 comments | 102 102 recommendations | email to a friend | print | permalink

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How Can Lawyers Get in Trouble Over Sex?
by cjleclaire
Apr 20, 2017 | 8585 views | 1 1 comments | 555 555 recommendations | email to a friend | print | permalink

The most shameful case in recent history was Thomas Lowe, an Egan, MN attorney representing a divorce client, who had an affair with her that lasted seven months. After several arguments with the woman about the affair and his own marriage, Lowe said he was breaking things off. Two days later, he said he was withdrawing as her attorney. That day, the woman, who was vulnerable because of past abuse and mental health treatment, tried to kill herself. While hospitalized, she disclosed the affair.
In giving him an indefinite suspension, the Minnesota Supreme Court found that he had not only had sex with a vulnerable client; he had actually billed her for meetings during which they had sex.¹

sex at the office

Who’s Gotten in Trouble over Sex in New York Recently?

There were two cases in the past year which make for interesting reading. In one, a lawyer offered to represent a prostitute in a small town court upstate in exchange for her services – a good old fashioned barter arrangement. Unfortunately for the lawyer, his client was smarter that he was, and she contacted the police. The prostitute then recorded phone calls with the lawyer, agreeing that they would have sex in exchange for his legal services. As a result, the lawyer plead guilty to loitering for the purposes of prostitution and got community service. The disciplinary committee found that the lawyer had obviously violated the rule against requiring sexual relations as a condition of providing representation², but he was only given a censure, which is essentially a public reprimand. Although we don’t know it for a fact, it’s a safe bet she got the prostitution charge dismissed for turning the lawyer in, because he was certainly a bigger fish than she was.

office romance

In a much more serious case, Tara Lenich, a Deputy Bureau Chief in the Brooklyn District Attorney’s Office, was indicted in federal court and plead guilty to forging wiretap warrants. Because she had a romantic interest in a detective who she suspected of dating another female prosecutor in the same office, she forged judges’ signatures on fake orders authorizing her to eavesdrop on their cell phones and falsified warrants for their text messages. She told her colleagues in the office that she was working on an investigation so secret that no one else could know about. A staffer in the DA’s office became suspicious when she saw another prosecutor’s personal phone number on the eavesdropping warrant. She faces a maximum of 10 years on the guilty plea. Although her sentence will likely be far less than that, she will definitely lose her law license because anyone convicted of a felony³ is subject to automatic disbarment under New York law.

Is Sex Allowed Between a Lawyer and a Client?

So What’s the Rule: Is Sex Allowed4 Between a Lawyer and a Client?

There is a strict prohibition 5 in New York against having sex with a divorce client, because divorce clients are often emotionally vulnerable, and there is an increased risk that the client will be exploited. However, even this rule has an exception if the sexual relations started before the client-lawyer relationship , so a lawyer could legally represent his/her lover in the divorce that followed in the wake of their adulterous affair. Also, any sexual relationship6 that begins after the representation is over would not be breaking any rule, even in a divorce case.

What About Sex with Clients in Non-Divorce Cases?

While there is technically no rule against it, any lawyer that starts a sexual relationship with a current client is entering into a grey area. As one court said “because a sexual relationship between a lawyer and client creates the risk of impairing the professional judgment of the lawyer, and rendering the client unable to make rational decisions related to his or her case, the relationship may be detrimental to the client’s interests. As such, “sexual relations between lawyers and their clients are dangerous and inadvisable””7 If the lawyer is accused of doing anything else that’s against the rules, having sex with that particular client will add a “sleaze factor” to the disciplinary case that won’t lead to any good places.

 

Are Doctors Allowed to Have Sex with Their Patients?

Although the concern used to be confined to psychiatry, since 1991 the American Medical Association has taken a much tougher position and adopted a blanket rule. “Sexual contact that occurs concurrent with the patient-physician relationship constitutes sexual misconduct.” 8That same opinion goes so far as to say that “Sexual or romantic relationships with former patients are unethical if the physician uses or exploits trust, knowledge, emotions, or influence derived from the previous professional relationship.” In fact, the AMA goes so far as to regulate sexual and romantic relationships between doctors and key third parties who accompany their patients.9 What will happen to a doctor who dates a patient seems to vary quite a bit, though, according to the particular state and the particular circumstances.

 

 

  • [1] In re Disciplinary Action against Lowe, 824 N.W.2d 634, 2013 Minn. LEXIS 3, 2013 WL 167954 (Minn. 2013)
  • [2] Rule 1.8[j][1][i], Matter of Shaw, 138 A.D.3d 133, (4th Dep’t 2016).
  • [3] NY Judiciary Law § 90(a), (e)
  • [4] This Post only talks about New York, and these are only general rules and do not constitute legal advice. Before getting the room, check with your lawyer if sex is allowed in your state and your particular circumstances.
  • [5] Rules of Professional Conduct , 12 NYCRR 1200.0, Rule 1.8[j][1][iii].
  • [6] 12 NYCRR 1200.0, Rule 1.8[j][2].
  • [7] Matter of Raab, 139 A.D.3d 116, 119, (1st Dep’t 2016).
  • [8] AMA Journal of Ethics, Opinion 8.14 – Sexual Misconduct in the Practice of Medicine, Issued December 1989; updated March 1992 based on the report “Sexual Misconduct in the Practice of Medicine,” adopted December 1990.
  • [9 ] AMA Journal of Ethics, Opinion 8.145 – Sexual or Romantic Relations between Physicians and Key Third Parties Issued December 1998 based on the report “Sexual or Romantic Relations between Physicians and Key Third Parties,” adopted June 1998.
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anthonycarbone
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April 26, 2017
Wow this just coming out? Do you know how many attorneys marry rich woman? This has been going on for 50 years at least.


What’s the “Freelance Isn’t Free” Law About?
by cjleclaire
Apr 20, 2017 | 8388 views | 0 0 comments | 561 561 recommendations | email to a friend | print | permalink

If this is the Company’s Attitude about paying you…

…What Should your Attitude be like?

It’s about protection for Freelancers being paid for their work in NYC. Our previous blog item explains the basic concepts of it. The actual law  goes into effect on May 16, 2017.

What Issues are Likely to Come Up Under This Law?

The law literally provides for triple damages if the work was done but not paid for and no contract was ever given[1]. We will ask for this wherever possible, subject to watching out for cases in which it might make us file the case in a different court than we had originally wanted.[2] The judges who will be applying this law for the first time will be reluctant to impose double damages plus attorney’s fees as it is, and many will balk at imposing treble (triple) damages. On the other hand, the law does say this, and the threat of an appellate court saying that this should have been imposed will be valuable leverage toward getting the cases settled. I also anticipate that many of the lower state court judges will be looking for ways to avoid imposing double damages plus attorney’s fees, because these are concepts that will make them uncomfortable. You, as a Freelancer, should be sure to retain a law firm that is serious about taking every judge who refuses to do this up on appeal. Otherwise, this powerful law will lose all its teeth.

Freelance Isn't Free Law NYC

Will a series of e-mails that go back and forth qualify as a “contract” for the purposes of this law?

If the e-mails, when read together, contain the information required to be provided in the new law, the answer will probably be yes[3]. Where the Company has exchanged e-mails with the Freelancer which make out the most important contract terms, I do not think that courts will find the Company liable for failing to provide a contract. In order to avoid liability for failing to provide a contract, the Company will probably admit that the e-mails constitute a contract, and this will probably lead to fairer results for everyone. Where important terms (i.e., clear scope of the work to be done, or total price to be paid), are missing from the e-mails, and the missing terms do not readily appear in any document the parties agree was exchanged and relied upon, a “contract” will probably not be found. This will be a violation on the part of the Company, exposing it to additional liability.

Freelance Isn't Free NYC Law

What Defenses to Payment Will We be Hearing?

The Company[4] will always say that the work wasn’t done properly, and sometimes there might be a legitimate dispute behind it.  For example, let’s say the case goes to trial and there is a verdict that the work was 90% complete, or, that the work was completed with defects equal to 10% of the agreed value which were the Freelancer’s fault. The defense will argue that the Freelancer should only get 90% of the agreed price, because that’s all that was really performed. However, the law clearly provides for double damages to a freelance worker who prevails on an “unlawful payment practice” claim”, §§ 20-933(b)(1), 929. Therefore, after a verdict like that, we will claim that the Freelancer gets double damages on 90%, or 180%, of the agreed price, in addition to the attorney’s fees. I am very confident that we’re going to win on that issue.  Before the law was signed, management attorneys lobbied the City Council and the Mayor for a “good faith” defense to the double damages rule, but without success. A “good faith” defense against double damages would have effectively repealed the rule, because the Company will always say that it felt it was justified in not paying for the work.

Freelance Isn't Free Law

How Will the Application of this Law Be Defined in More Detail in Coming Years?

The thinking process behind the new law was to give Freelancers the same legal protections that employees now have in wage cases. This means that the playing field and the rules will be staked out by the lawyers who represent employees in wage and hour cases on our side, and the lawyers who defend those same cases for management on their side.  On either side, the employment lawyers will have a very distinct advantage over attorneys who don’t usually go to court, or practice in other fields and are handling as a favor to clients they represent in other types of cases, or who are personal friends.

Guidance on this law will come from the first decisions that are actually made by judges, and from the appeals taken from those decisions.

In our next blog post, we’ll talk about more of the defenses we’re likely to see in the Freelance cases, possible solutions to some of the problems we’ll commonly face, and the pros and cons of choosing the different courts to bring the cases in.

[1] Statutory damages in the amount of the value of the contract for not providing a contract in a case where any other violation is proven, § 20-933(b)(2), and double damages for the payment violation, § 20-933(b)(3).

[2] NYC Civil Court jurisdiction is limited to $25,000, NYC CCA § 201.

[3] General Obligations Law § 5-701(b)(3).

[4] Someone who hires a freelance worker is referred to in the law as the “hiring party”. I use “Company” here, but it can be a company, an individual, or any kind of organization that is not governmental, see, § 20-927 – Hiring Party.

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Jimmy Bond
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April 26, 2017
A freelancer or freelance worker is a term ordinarily used for a man who is independently employed and is not really dedicated to a specific business long haul. Freelance workers are in some cases spoken to by an organization or Do My Essay a hiring office that exchanges independent work to customers; others work independently or use proficient associations or sites to get work.

Can College Football Players Unionize?
by cjleclaire
Feb 24, 2017 | 8893 views | 0 0 comments | 123 123 recommendations | email to a friend | print | permalink

Author: William Cafaro

At least for the moment, the answer is Yes. Last week, the General Counsel National Labor Relations Board (NLRB)’s issued a Memo saying that football players at private colleges must be treated as employees, so they may seek protection against unfair labor practices. Richard Griffin, the general counsel for the NLRB, wrote that “scholarship football players in Division I Football Bowl Subdivision private-sector colleges and universities are employees” under the National labor Relations Act.

What was the Reasoning Behind this Decision?

The General Counsel felt that the athletes, like employees, work full-time hours during the regular season, receive “significant compensation” in exchange for their work, and can be “fired” from the team for poor performance or other factors. The Memo says that it doesn’t resolve questions about whether football players should be treated differently than athletes in non-revenue sports.

Does this Mean that the Players can Take the Universities to Court?

Despite the NLRB guidance, Federal courts are not anxious to say that student athletes are employees.  In December 2016, the federal appeals court in Chicago dismissed a minimum wage claim against the NCAA and Division I Universities and Colleges, but just a few days later, a federal District Court in California refused to dismiss a case like this against the NCAA, and it’s too early for that decision to be appealed, so we can’t be sure yet.  

Can College Football Players Unionize?

What Can the Players Actually Do to Improve Their Situation?

For now, this means any interested party could file an unfair labor practice charge with the NLRB about private football players. A union or interested group can file charges with evidence, and it doesn’t necessarily have to be a specific player.

Is this Trend Likely to Continue?

No. The term of the General Counsel who issued this opinion will expire on November 3, 2017, when President Trump will replace him with a Republican who will, in all probability, be opposed to any expansion of the right to unionize.

Over the last six years, Mr. Cafaro has applied his litigation skills toward representing employees aggressively in overtime and discrimination cases. He has represented hundreds of workers successfully in individual wage and hour cases, including class and collective actions. He also litigates discrimination cases in both the federal and state courts.

Fluency in Spanish helps Mr. Cafaro to communicate with clients in their native language.

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Smith1122
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March 20, 2017
There are thousands of stories which are unread. This is an epic article and I read it because it has really good matters of the college life. Many students need best essay help because of their less research about new technology.

Important New Rights for Freelancers in NYC
by cjleclaire
Feb 14, 2017 | 8934 views | 1 1 comments | 489 489 recommendations | email to a friend | print | permalink
Article:By William Cafaro

Important New Rights for Freelancers in NYC

  "Freelance Isn't Free" Bill Passes in NYC, What Does it Mean?

New York City Passes Freelancer Wage Protection Law

The new law covers individuals who provide services, and is only available in the City of New York:

New York City | Queens | Brooklyn | The Bronx

What Does This New Law Mean for Me, as a Freelancer?

It basically gives you the same state law labor rights as employees have. This is HUGE.  It gives you the right to double damages  - $2,000.00 for every $1,000.00 of the agreed price of the work.

If you win, the company will have to pay you a 100% penalty, plus your attorneys’ fees and your court costs.

Why will it be different now?

Now you will be able to get a lawyer to sue without paying out of pocket. This is called: “Contingency Fee”  You Don’t Pay any Legal Fee , Unless You Win

  • Then the attorney gets a percentage of the fee. You have nothing to lose!
  • The people that hired you will have to take your lawsuit more seriously now, because they will have to pay double damages.
  • They will have to pay your attorney’s fees if they lose, which could be more than the amount that you were supposed to be paid in the first place.
  • In practical terms, this also means that your case will be easier to settle, and will resolve in less time.

What if the company never gave me anything in writing saying how much I’d be paid?

  • A written contract is now required.
  • If you asked for a written contract and none is given to you, that’s a violation that you can now sue for, in and of itself.
  • In employment law cases, if the employer doesn’t keep any records, your word is presumed to be right, as long as what you’re claiming is reasonable. This is another issue that will have to develop in the courts when the law goes into effect.

What Practical Difference Will this new “ Freelance Isn’t Free” law mean to me?

Now, a lot of companies just aren’t paying you because you have so few legal rights, and they’re just not worried about you suing them. Until this law was passed, most lawyers were not willing to do these cases for a percentage of what they got for you at the end (this is called a “contingency fee”, explained above); they wanted you to pay their legal bills by the hour up front, which you couldn’t afford to do. THIS CHANGES ALL THAT.

If I was hired to do the job by a single individual, as opposed to a company, will this law apply?

Yes, it will.

I consider myself a Freelancer, but how do I know if I can use this new law?

  • It only applies to “organizations of no more than one person”, but if you have a corporation or a d/b/a name, that’s OK.
  • If you have salaried employees on a regular basis, this law may not apply to you.
  • If you use independent contractors or people to help you on an “as needed” basis, you probably will be able to use this law, but:

These issues, and others, will be fought between “us” and “them” when it goes into effect. It will only apply to jobs for $800 or more.

When is this law going into effect?

On May 16, 2017. It will only apply to contracts entered into on or after the effective date

 Where can I find the new law?

New York City Passes Freelancer Wage Protection Law: "Freelance Isn't Free" Here’s the link:

http://legistar.council.nyc.gov/LegislationDetail.aspx?ID=2530972&GUID=61F8754B-80AF-493E-895E-D6D17209776Ehttp://legistar.council.nyc.gov/LegislationDetail.aspx?ID=2530972&GUID=61F8754B-80AF-493E-895E-D6D17209776E
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HERO ALAM
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May 17, 2017
Jio4GVoice THANKS FOR THIS

What if My Boss Was a Strong Trump Supporter, but I voted for Hillary (or the Other Way Around)?
by cjleclaire
Jan 20, 2017 | 11805 views | 0 0 comments | 749 749 recommendations | email to a friend | print | permalink

by Bill Cafaro

What Rights Do I Have if This Causes Me a Problem at Work?

Employees of Private Businesses:

What about the First Amendment? Can’t I say whatever I want?

  • Yes, you can say anything you want under the First Amendment, but your boss is allowed to fire you or take action against you at work for it – Private Employees have no First Amendment protection against being fired or demoted under Federal Law.

Do I have Any Legal Protection at Work at All?

  • Yes, there is a New York State law that gives you some protection, Labor Law § 201-d. It says that no employer can discriminate in hiring, firing or conditions of employment against anyone for political activity.

What Political Activity is Protected?

  • running for public office,
  • campaigning for a candidate for public office, or
  • participating in fund-raising activities for a candidate, political party or political advocacy group.

Example: A records clerk for the Nassau County legislature was fired from his job less than four months after an election in which Republicans took control of the Legislature, and claimed that he had gone door to door for Democratic candidates, volunteered at phone banks, and distributing campaign literature.  The Legislature argued that it had let him go due to budget cuts, the fired clerk argued that the need for budget cuts arose only because the Legislature had hired three new employees—all Republican. His claim was valid Fishman v. County of Nassau, 2013 U.S. Dist. LEXIS 47071, 2013 WL 1339466 (E.D.N.Y. Apr. 1, 2013),

  • Absolutely not. Remember also that there will be generally little or no protection for any political activities conducted during work hours, on the employer’s premises, or using the employer’s equipment or materials; It gives you protection for what you do on your own time. Whether a simple one time statement of political affiliation at work is protected is not really clear from the law, and can probably be argued either way, but the more extensive the speech is at work, the better chance the boss will win. If the employee is wearing a campaign button for a particular candidate and the employer says to take it off, they should do it and put it back on when they leave work.

Remember – The General Rule is That There is No Free Speech Right When You Work for a Private (non-government) Employer on His Time. The law we’re talking about here provides some protection, but that protection is limited; it is by no means absolute.

Are Government Employees (Federal, State, City, County, etc.) Political Speech Rights Protected?

  •  Yes – They have much stronger federal law protection under the First Amendment. The First Amendment generally prohibits government officials from dismissing or disciplining an employee because of the employee’s engagement in political activity. One recent Supreme Court case,  Heffernan v. City of Paterson, 136 S. Ct. 1412  (U.S. 2016) protected a police officer who took a campaign sign for someone challenging the mayor to his disabled mother on his own time. The police chief, who had been appointed by the current mayor, demoted him. Even though he wasn’t campaigning himself and had no interest in the election, he was just doing a favor for his mother, he was protected, because to hold otherwise would frighten the other employees from exercising their political speech rights – what courts call a “chilling effect.”

But here are a few things to keep in mind:

  • The speech always has to be about a matter of public concern, and if it is, the employee’s right, as a citizen, to engage in the speech has to be weighed by the Court against the interests of the State, as an employer, in promoting the efficiency of the public services it performs, Pickering v. Bd. of Educ., 391 U.S. 563 (U.S. 1968).
  • This can also cover rights of political association; and
  • In order to be protected, it must generally be on the employee’s own time, without using the employer’s premises or materials; and
  • Anything a public employee says in the course of his/her employment will not be protected. Example: If an employee of the Mayor’s Office makes any statement on the news in his/her official capacity, the Mayor can fire or discipline them for anything they say or don’t say, whether it’s true or not. Remember also that policy making and confidential employees probably can be dismissed just based on their political affiliation where the employer can show that party affiliation is an appropriate requirement for the effective performance of the public office involved,  Vezzetti v. Pellegrini,22 F.3d 483, 1994 (2d Cir. N.Y. 1994).

If you have strong political views which are very different from those of your employer, you should probably avoid any confrontation and get legal advice first as to how to best protect yourself. Call the Law Offices of William Cafaro at 212-583-7400 before you take any action like this.

 

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Eliza Molly
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May 15, 2017
They have significantly more grounded government law assurance under the First Amendment. Assignment writers The First Amendment by and large precludes government authorities from expelling or teaching a representative on account of the worker's engagement in political movement.

Very Important News for you, If you work more than 40 hours per week for the same weekly salary
by cjleclaire
Jan 12, 2017 | 9697 views | 0 0 comments | 606 606 recommendations | email to a friend | print | permalink

I work way more than 40 hours a week for the same weekly salary. My boss says that he doesn’t have to pay me anything for my overtime hours. Is this true?

  • It depends. Under the old rule, Anyone who earned a weekly salary of at least $455 per week and was considered Executive or Administrative was exempt from the overtime laws, and did not have to be paid for their overtime hours at all. In order to be exempt, the employee has to have what’s called “substantial discretion”, which means that they have to be able to make some pretty important decisions on their own on a regular basis. Various other conditions have to be met as well. This usually includes supervisors, managers, and certain office people who make important decisions. Many times when the boss says that you are not entitled to overtime, you might very well be, and you won’t know without asking an Employment Lawyer.

How is the New Rule Different?

  • The biggest change in the rule is a big increase in the minimum weekly salary.

How Much Did it Go Up?

  • In New York City, the minimum salary is now either $825 a week if the business has 11 or more employees. It is $787.50 per week if the business has 10 employees or less. Outside the City, these limits are a little lower.

What’s the Practical Effect of This Rule for Me?

  • Your boss now has to do one of two things if you are salaried and considered executive or administrative: 1) Increase your salary to the $787.50 - $825 per week level or 2) Start paying you time and a half when you work more than 40 hours.

When Does the New Rule Go Into Effect?

  • This rule goes into effect on December 31, 2016.

What’s so great about this?

  • These exemptions were originally meant for highly-paid employees who had better benefits, job security and opportunities for advancement, but because the minimum salary cutoff is hasn’t changed for such a long time and was far too low, many middle class workers, managers, and people with executive duties had no right to overtime protection. Their employers forced them to work ridiculous hours at no additional labor cost, any they legally couldn’t do anything about it.
  • This will change all that, and require employers to either i) raise their salaries; or ii) pay them time and a half for their overtime; iii) give them more time off; or iv) some combination of those things. This is a win/win for all the workers covered by it. The employer will now have to be conscious of how long he is making his employees stay, or start paying them more money.

Where Can I Find the Actual NY State Law?

  • If you want to read the new rule, at p. 11 § 142-2.14.

Was There Any Change in the Federal Rule on This?

  • By order of President Obama, the U.S. Dept. of Labor enacted a new federal rule that would have raised the minimum weekly salary to $913 per week, but a judge has already stopped it from going into effect. The new Secretary of Labor appointed by President Trump, Andrew Puzder, (who became very wealthy in the fast food industry) is strongly opposed to any increases in the minimum wage, so the new federal rule will not go into effect. So much for President Trump helping the working man.
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NY Employment, Medical Malpractice & Personal Injury Lawyers
by cjleclaire
May 17, 2016 | 12660 views | 0 0 comments | 352 352 recommendations | email to a friend | print | permalink

Our Blog—A Place to Learn More about Our Practice

Employment Law | Personal Injury | Medical Malpractice | Construction Site Accidents | Premises Liability | Nursing Home Neglect and Abuse | Motor Vehicle Accidents

When you are involved in a legal dispute, whether you're experiencing unfair treatment at work, or you've been hurt because of someone else's carelessness, you want to be represented by attorneys who understand the law and the process, and who have proven their ability to get results for their clients. That's exactly what you'll get when you hire the Law Offices of William Cafaro. We've obtained several multi-million dollar settlements and verdicts for our clients, and always use our considerable experience, knowledge, skill and resources to pursue maximum compensation for our clients.

In this blog, we'll offer insights into legal issues, so that you can be a more effective participant in your legal issue. We'll address a wide range of topics, including:

Employment Law

  • How to know if you have an overtime, discrimination, harassment, wrongful discharge or other work-related claim
  • The best ways to protect your rights when you are being treated unfairly at work
  • What you can expect in terms of damages or other legal redress when you have a problem at work
  • What to expect from your employer during a work-related dispute
  • Any relevant changes in employment law

Truck-Accidents

Personal Injury

  • Construction site accidents, from falls and falling objects to dangerous and defective equipment or machinery, construction site motor vehicle accidents and negligence in hiring, monitoring or training
  • Medical malpractice, including failure to diagnose, misdiagnosis, birth injuries, surgical error, prescription error and anesthesia error
  • Premises liability, such as slips and falls, dog bites, deck collapse
  • Nursing home neglect or abuse, including dehydration or malnutrition, falls, bedsores, failure to monitor or properly restrain, medication errors
  • Car, truck, motorcycle, mass transit, bus, light rail, commuter train and other motor vehicle accidents

Experienced and Effective Employment and Personal Injury Lawyers

Our attorneys and staff take a comprehensive approach to employment and personal injury actions, combining thorough preparation with extensive courtroom skills. We understand the stress and anxiety that accompany a personal injury, and place a premium on being available and accessible when you need answers to your questions.

To learn how we can protect your rights, call (212)583-7400 for a free case evaluation or contact our offices online.

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HERO ALAM
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May 18, 2017