Dispute
Employee Benefits Agreement
New York
Do you take cases for unemployment overpayment benefits?
In 2020 during covid my business was forced to shut down. I was also working, I had a job and I owned an event planning business. before filing for UI I called in to ensure I was able to file for the PUA for my business. I was told by the representative yes I can. in her words she said "anyone can apply for the PUA" she did not explained to me that I cannot apply if I had another job, or what the conditions were, as I have never filed for or been on unemployment in my life until covid happened. In september 2022 I received a letter stating that I was overpaid benefits in the amount of $62000. I filed for a weaver which I was not qualified for, then I appealed and the judge ordered a recalculation and that amount went from $62K to $58K. I cannot pay this money and I need help in fighting that this was not my fault. My taxes will be garnished every year until this is paid off. I am hoping someone out there can be of assistance to me, I really need it.
Answers from 1 Lawyer
Answer
Dispute
New York
Donya G.
ContractsCounsel verified
Hello, I am sorry for the mix up. I worked with a client last year with similar circumstances. She was overpaid as well. We had a hearing and it was determined, since she had never filed before and English is not her first language that she had not done it intentionally so that fine on the payment was removed. That being said, if you were overpaid, you will need to repay the amount. She signed up on a payment plan. I suggest you do the same. If you need to engage my services to assist you, you can find me on Contracts Counsel website or my personal page Regards Donya Gordon
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People Also Asked
Employment
Employee Benefits Agreement
Texas
If an employee is paid salary, can an employee force PTO if said employee is out with a doctor’s excuse?
I got sick and ended up missing a day of work. I went to the doctor and was prescribed meds and told to take meds and rest the next 2 days. I provided an excuse at work. When I got my pay stub, I see the manager forced 24 hours of PTO for the days I was out. Mind you, our hours of operation are 8am-5pm M-F, but I’m here every day at 6:30am and work until 8, 9 or 10:00pm some days. Please advise. Thank you for your time!
Howard B.
The rules for the salary basis of pay is governed by a federal law called the Fair Labor Standards Act. It allow an employer to deduct an entire day's pay if an entire day of work is missed. If any part of such a day was worked at all, then a full day's pay is required by law. HOWEVER, there is an exception under which partial day deductions for partial day absences is allowed if an only if the absence is for Family and Medical Leave Act leave. I'm not licensed to practice law in Texas: if there is any peculiar spin on it through state law, perhaps a Texas attorney will chime in. It is ordinary for an employer to substitute PTO for salary pay when a whole day is missed.
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Contract Agreement
New York
Case
Do advise if your firm handles breach of contract / business litigation cases.
Donya G.
Yes, my firm handles breach of contract and business litigation issues. I am a New York attorney with over 20 years of legal and business experience. I have been a Judicial Clerk to a Civil Court Judge, a Hearing Officer with the City of New York and a Small Claims Arbitrator. I have also defended clients in AAA arbitration. If you you would to engage my services, you can contact me on the contracts counsel website and I would be happy to assist.
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Legal Contracts
New York
I need a lawyer to take over a case from the lawyer that filed it. She has become very ill and can't finish the case
Breach of Contract & Defamation case has been filed. Defendants have been served and replied with a countersuit. Current Lawyer has become very ill from Covid and can no longer see the case to the end. She will help with all proof and documentation. Case is filed in Chenango County Supreme Court in Chenango County NY. Local lawyers do not do this type of case
Jane C.
You need to place a bid on the Contracts Counsel forum and attorneys will respond.
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Partnership Agreement
New York
litigation over partnership
Partner is diverting monies for his own use
Donya G.
Hello, I am sorry to hear that. Do you have a contract for the partnership? What does it say about resolving disputes? Do you have evidence of the misuse of funds? Can you cut off the funds so that they can no longer misuse the funds? For your safety, please do not confront the partner. All your remedies will depend on your agreement and the state of your business incorporation or where you do business. I see you are in New York. Is that where your business is incorporated? I would love the opportunity to work with you to resolve this. I am an New York contracts attorney who works with clients on contract disputes. I am an Arbitrator and have been a judicial clerk to a Civil Court Judge so I have extensive experience with disputes. When can we get on a call to discuss? I am available later today, Friday 18th or anytime next week. You can connect with me on Contracts Counsel. Looking forward to hearing from and working with you. Sincerely Donya Gordon
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Contractual Agreement
New York
Can I create a contract that bars any form of dispute resolution (Jury trial and Mediation/Arbitration) if a client fails to dispute an invoice within 7 days of receipt.
I own a growing security guard firm and all my clients sign a service contract before we provide services. In order to reduce the stress of collecting from a slow playing client, I want to create a new contract that makes it impossible to dispute an invoice after 7 days of receipt.
Donya G.
While you may create a contract without dispute resolution, the issue is whether it would be enforceable by any court. Seeing that a contract is between two parties and disputes arise, by barring any resolution, it would essentially not afford a party an opportunity to be heard. I do not believe a court would allow of enforce such a position. If you need additional assistance you can find me on the Contracts Counsel website and I can provide my legal services to you. Thanks Donya Gordon
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