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New York City civil litigation lawyerWhen you are involved in any type of civil lawsuit, including a breach of contract matter, employment dispute, or a wrongful death action, there are a few ways to resolve your case. Depending on the circumstances, you may be able to reach a resolution through direct negotiations, but if negotiations fail to produce results, your case will be put on a track toward trial. Before going to trial, however, filing certain motions could help your case. If you believe a pretrial motion is appropriate in your case, you should work with a skilled civil litigation attorney who can help you file the motion.

Different motions serve different purposes, and either side of a dispute can initiate one. It is essential to know what kind of motion might apply in your case. Once you and your attorney determine what type of motion is needed, there are a few steps that are necessary to properly file the motion, and it is important to follow them carefully. Some of the most common pretrial motions include:

Motion to Dismiss

If the defendant in a civil suit does not believe that case should proceed to trial, a motion to dismiss may be appropriate. A plaintiff can also file a motion to dismiss if proceeding with the case becomes unnecessary. A plaintiff’s motion to dismiss will almost always be granted, but a defendant’s motion will typically require the court’s careful attention. The basis for a motion to dismiss could be the facts of the case or a procedural issue such as bad service of documents, plaintiffs standing to file suit, or the court’s jurisdiction over the matter. If the motion is granted and the case is dismissed without prejudice means that the case can be refiled, while a dismissal with prejudice prevents the case from being refiled.

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NYC civil litigation lawyersThe Earned Safe and Sick Time Act was enacted in New York City in 2018, and it is designed to extend the benefits of paid time off to help protect vulnerable workers. Now, you can use these paid safe and sick days to take the time you need if you or a family member are the victims of sexual assault, stalking, human trafficking, and more. If you are not sure if you are eligible to take time off work or your employer is denying you your rights, meet with a civil litigation attorney to develop a plan moving forward.

There is a great deal of fine print in this law, and it is worth summarizing so that you know exactly how this law can protect you.

Do You Have Paid Safe and Sick Time?

The Act created a law that gas become known as the Paid Safe and Sick Time Law, and it applies to employees who work for employers with five or more employees. Those who are covered by a collective bargaining agreement may be exempt from the law’s provisions. If you work for a company with fewer than five employees, you are entitled to unpaid safe and sick time instead of paid time off. 

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New York employment law attorneysIt is not unusual for people to enter into various agreements with others but fail or neglect to have those agreements down in writing. Under New York and other state laws, an employment agreement must be in writing in order to be enforced, but there are exceptions that could be made.

Employment Without a Written Agreement

In certain cases, an employer may, in good faith, extend a job offer to you, but due to changed economic circumstances or other reasons, the employer either withdraws the offer before you report to work or terminates your employment soon thereafter. If either occurs, then the issue becomes whether you have any recourse against that employer.

Statute of Frauds

To resolve the issue of whether an employer has rightly withdrawn an offer of employment or has properly terminated your employment, the first thing to do is determine whether the Statute of Frauds applies.

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