For instance, in New York Labor Law mandates proper notice of employee termination and benefits termination. An employer failing to follow Labor Laws is penalized under Labor Law 198, in addition to ordinary costs lost by employee he must pay a reasonable sum for expenses which may be taxed as costs are allowed by court. Furthermore, in any action instituted upon a wage claim by an employee which employee prevails, court is required to allow such employee reasonable attorneys' fees, Labor Law 198(1-a), and upon finding that employer's failure to pay wage specified by statute was willful, an additional amount as liquidated damages equal to twenty-five percent of total amount of wages due is also paid to employee. Labor Law 198(1-a). Case law holds an award of liquidated damages to employees proper where employer knowingly, deliberately and voluntarily disregarded its obligation under Labor Law to pay employees' commissions, which would be deemed "willful" failure to pay wages. P & L Group, Inc. v Garfinkel (1989, 2d Dept) 150 AD2d 663, 541 NYS2d 535.

So, don't despair if your employer gives you a hard time when your fired--there are laws requiring him to pay your wages and your Employee Handbook and Offer of Employment Letter also can be used as valid contracts to support your position for wages.

This article is certainly not all inclusive and is intended only as a brief explanation of legal issue presented. Not all cases are alike and it is strongly recommended that you consult an attorney if you have any questions with respect to any legal matters.

Any questions and/or comments with respect to this topic or any other topic, contact:

http://www.appellate-brief.com

Law Offices of Susan Chana Lask 853 Broadway, Suite 1516 New York, NY 10003 (212) 358-5762

Susan Chana Lask, Esq. c 2004

Only those creditors you list in petition will be notified with respect to your filing for bankruptcy. In about 30 days from your filing date, you will be scheduled for a first meeting of creditors (called a section 341 meeting). At that meeting, bankruptcy trustee (the person from court) will ask you some questions. The trustee is interested in discovering whether you have any property or assets available for benefit of your creditors. By law, you are allowed to keep certain property and trustee's questions are very straightforward and not at all intimidating. When trustee is finished, your creditors are given an opportunity to speak. If none of your creditors appear then an additional 60 days is set for anyone to make any objections or file any additional papers. If nothing happens in that 60 day period, your bankruptcy will be granted and you will be relieved from all debts listed in your petition.

This article is certainly not all inclusive and is intended only as a brief explanation of legal issue presented. Not all cases are alike and it is strongly recommended that you consult an attorney if you have any questions with respect to any legal matters.

Any questions and/or comments with respect to this topic or any other topic, contact:

http://www.appellate-brief.com

Law Offices of Susan Chana Lask 853 Broadway, Suite 1516 New York, NY 10003 (212) 358-5762

Susan Chana Lask, Esq. c 2004