Many of us have heard of the term LLC or limited liability company. It’s another form of business entity separate in a part, for example, from a corporation. We have people coming to us all the time wanting to form an LLC, or wanting to become a member of an LLC that is already formed. When that occurs, the first thing that we do if it’s an LLC that has already been formed is take a look at the LLCs operating agreement. We look at every provision of that agreement, and we also look at what state that agreement was formed under. We work with the client and with the existing LLC to amend the agreement to admit this member or possibly other members. We will ask questions about compensations, about management, about what the mission of the organization is to work with the existing LLC to amend the operating agreement to comply with what the intentions of the parties actually are.
At the office of Gould & Berg, LLP in White Plains, NY, we've had a number of situations where students have been subject to discipline. It can vary from university students, public school students, or private university students. There are steps that can be taken to challenge that discipline. Typically, the educational institution has internal steps that must be taken first whether it’s an appeal to a dean, to the chancellor, or the president of the university. Once those steps are pursued and are unsuccessful there is a procedure in state law which can be challenged by the way of a petition, which is pursuant to article 78 of the civil practice law and rules. We should caution people that those challenges are very difficult to win but they are available in White Plains, New York and the appropriate circumstances can be successful.
We have heard of situations in Westchester County where an employee has developed some sort of medical condition and whereby the employee can still work but he or she needs some modifications and the question arises as to what modification the employer has to agree to and the answer depends on a number of factors. First of all, it depends on the size of the employer, again under federal law we are talking about fifteen or more employees and under state laws covered employees are four or more employees but the real key is whether the accommodation is reasonable looking at a number of factors that the law sets out. You have to ask your employer for the accommodation, you need to be specifying what the accommodation is then and then there is supposed to be, what is called an interactive process between the employee and the employer to come to an accommodation that’s doable and what is practical and reasonable may depend upon the size of the employer, the cost of the modification in the work place. If it’s a matter of getting a different kind of desk and we've heard those situations we are going to say that most employers are required to do that. If it means building a different office depending on the size of the employer and the cost of the modification an employer may not be required to do that. If it means changing the job specifications generally speaking the employer is not going to be required to accommodate an employee to that extent.
With the graying of America, we have many people coming to our office who find that they are being replaced in the office by someone who maybe are just fresh out of college and the question arises is do I have a claim for age discrimination and the answer depends on a number of factors and one factor is has there been a restructuring of the company? Are the requirements of the position different from what they were when you started with the company? Do you have those skills that this college graduate has to perform those jobs? Is your termination part of an overall reduction in force? These are the questions that we ask because we need to know much more information before we can direct a client to file a claim of age discrimination so the answer is it might be such a client might have the claim for age discrimination but we need to know a lot more information before we can make that determination.