It’s Over: Ending the Employer-Employee Relationship in New York State

New York is an at-will state. If the employee does not have a contract entitling her to continued employment for a period of time and/or setting forth grounds necessary for termination, and if no discrimination is involved and the law is not otherwise violated, an employer can discharge an employee at any time for any, or no reason.

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Divergent Perspectives Converge in Mediation

The parties have been at it for a while, without coming to an agreement. When is the mediation “over”? In any mediation, the parties and the mediator may view the give and take differently. From the parties’ standpoint, they may think it’s over as soon as they receive the first demand or offer from the other side. If that demand or offer is significantly higher or lower than they expected, they may immediately feel that they are too far away for the mediation to be successful.

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Does an Agreement Have to be in Writing to be Enforceable?

Must your agreement be in writing to be enforceable? The answer is: Yes. Or no. In the world we live in, we make agreements with other people, with companies, and with other businesses. Sometimes they’re formal and in writing, but other times (in the real world), they are not. Can that agreement be enforceable if it’s not in writing? It could be. If it is in writing, is it foolproof? 

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Mediation: An Attractive Alternative in the Commercial & Non-Commercial Division

I described a pilot mediation program launched that month by the Commercial Division of New York County Supreme Court to supplement its existing mediation program. That pilot program ended in late January of 2016; however, the Commercial Division has now launched a new pilot mediation program, as well as an expansion of the existing Commercial Division program.

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Key Decisions to Consider Before Starting a Business

So you’ve decided to start a business. What type of business structure is best for you? You have many choices. If on your own, you can be a sole proprietor. However, you should also consider various types of business entities: You can form a limited liability company, even if you are the only member. You can form a corporation. If you are starting the company with others, you could also form a partnership – general or limited. How to choose?

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Should I Agree to Arbitration? Part 2

I provided an overview of arbitration and what happens if one chooses to take this path. In this continuation, I discuss discovery and motion practice, arbitrator selection and the hearing, and the finality of arbitration. Discovery and Motion Practice: The two main areas in which arbitration may differ from a lawsuit is discovery and motion practice. Oftentimes, the most time-consuming and expensive part of a lawsuit is discovery.

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Mediation: What to Expect

You’ve been sent to mediation. What’s next? You’re going to mediation; you asked or agreed to go, or a judge sent you. It shouldn’t matter. Embrace the opportunity! This is a “no risk” opportunity to settle your dispute, early on, before investing significantly more time and resources, and to do so on your own terms; the outcome will not be in the hands of a judge or jury.

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