Is the Discharged Employee Entitled to Severance?
Employees are only entitled to severance if provided for in an employment contract.
Severance, where provided for in a contract, can, especially with senior-level executives,
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
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
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
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.
What Should I Look for in a Mediator?
When going forward in mediation, quite often the parties have the opportunity, at least in the first instance, of choosing the mediator. This raises some
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
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,
Should I Agree to Arbitration? Part 1
People unfamiliar with the various forms of alternative dispute resolution often ask the difference between mediation and arbitration. In addition, they often want to know
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.
Equity vs. Law: Understanding the Difference
The decisions that parties make at the beginning of a lawsuit can have lasting consequences throughout the litigation. Many litigants have heard that historically, there
New Overtime Rules Expand Coverage to Millions
The Federal Labor Standards Act (FLSA) and New York Labor Law each provide sections entitling employees who make less than a certain threshold income to
