Federal and New York courts have long recognized a doctrine of what's called "constructive termination." In cases of constructive termination, an employee quits. But the law considers the employee to have been fired. Why quitting can be firing In these instances, the...
Sound Legal Advice And Representation For Clients Throughout New York
Month: May 2019
Preparing for closing in a commercial real estate transaction
When negotiations are over, it is easy to think the hard part of a real estate transaction is over. However, one important step remains that holds many parts: closing. Although these days many real estate closings occur electronically instead of in a sit-down meeting,...
Workers should make sure their classification is correct
Just last week, Uber drivers all over the country went on strike. They protested their low pay and called for more benefits. After all, they were the ones providing Uber with their most essential services. So, they believed that the company should treat them as...
Proposed FLSA rule revision aims at clarifying “joint employers”
The Department of Labor announced a proposed rule change last month that could help employers better understand their obligations towards workers they “jointly” employ. The Fair Labor Standards Act requires covered employers to pay at least the federal minimum wage to...
Three important things to know about partition actions
Partition actions divide a piece of property between multiple people with ownership interests. The division happens one of two ways: The court decides on a physical division of the property (partition in kind), or the property is sold, and the proceeds divided between...
The 3 most common title issues home buyers encounter
Sometimes it seems like the process of buying a home never ends. Even when you’ve completed all your mortgage paperwork and the seller has accepted your offer, there are still factors that can cause the deal to fall through. One of the most common issues buyers...
Commission Disputes Part II: Liquidated Damages
In a previous post, we discussed how real estate agents show they were the “procuring cause” of a transaction – and thus entitled to their commission. Today, we cover one of the ways an agent can recover their commission: Liquidated damages outlined in their contract....