Luibrand Law Firm, PLLC Lawyer Albany New York | Luibrand Law Firm, PLLC | Latham 2026-05-14T05:24:09Z https://www.luibrandlaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1100757/2019/07/cropped-logo-32x32.png On Behalf of Luibrand Law Firm, PLLC <![CDATA[When workplace retaliation becomes a legal matter in New York]]> https://www.luibrandlaw.com/?p=50756 2026-05-08T05:25:53Z 2026-05-14T05:24:09Z If your employer punishes you for reporting a problem at work, that may be illegal. New York law protects workers who speak up, and those protections are stronger than most people realize.

What counts as protected activity

Protected activity is any action the law shields from employer punishment. Reporting harassment, filing a workers' comp claim, asking for a disability accommodation or refusing to do something illegal all count. New York's Reasonable Accommodation Anti-Retaliation Act, signed in December 2025, made clear that asking for an accommodation is protected under state law. You also do not have to be right to be protected. As long as you genuinely believed something illegal was happening when you reported it, the law may still cover you.

Three elements of a retaliation claim

To bring a valid retaliation claim in New York, you generally must show three things. Here’s what you need to know:
  • Protected activity: You reported a problem, filed a complaint or asked for an accommodation.
  • Adverse action: Your employer fired, demoted or penalized you in a significant way.
  • Causal connection: The punishment came because of what you reported.
Timing is often central to these cases. An adverse action taken days or weeks after a complaint can support a strong inference of retaliation.

What retaliation can look like

Retaliation does not always mean getting fired. These are common examples courts have recognized:
  • Demotion or pay cuts: Your employer reduces your role or pay after you speak up.
  • Negative performance reviews: Bad reviews appear with no clear prior basis.
  • Exclusion: Your employer cuts you out of meetings, projects or promotions.
  • Forced resignation: Your employer makes conditions so intolerable that quitting feels like the only option.
Keep written records as things happen. Emails, dates and communications that show a change in treatment after your complaint can all support your case later.

Speak with an employment attorney

Deadlines for filing a retaliation claim in New York are strict, and missing one can end your case before it starts. Speaking with an attorney early gives you a clearer picture of where you stand. Employment attorneys can review the facts of your situation and help you determine whether you have a viable claim under federal, state or city law.]]> On Behalf of Luibrand Law Firm, PLLC <![CDATA[Signs of employee theft you should not ignore]]> https://www.luibrandlaw.com/?p=50758 2026-05-08T05:25:46Z 2026-05-13T05:25:22Z Behavioral shifts Upon initially observing your workers, you might notice that one of them is acting differently. Maybe they seem more secretive or defensive, often distancing themselves from their coworkers. On the other hand, they may guard their work files too closely and avoid taking days off to prevent others from covering their tasks. While each of these actions may seem harmless in isolation, these could all point to dishonest behavior when you observe them together.

Unexplained or missing payments

If you look over the ledgers and see the following inconsistencies in your company funds, these may indicate that someone is deliberately misusing them:
  • Missing cash
  • Changed financial records
  • Strange transaction patterns
  • Duplicate payments
  • Unexplained refunds
  • Fraudulent checks
Moreover, if customers and vendors frequently complain of incorrect charges and unpaid bills, this could all point to money being redirected. Someone might be using the cash for themselves and intentionally not completing your business transactions.

Complaints from coworkers

Sometimes, the warning sign does not come from the suspected employee but from who they work with. If a number of reports are about a particular staff member consistently asking their peers for money, it could provide a possible explanation for the theft. While these complaints may not be definitive proof, they are still worth noting.

Missing inventory

If your company’s finances look fine but many products, tools or supplies keep disappearing over time, theft may be the cause. Watch for patterns in what goes missing, when it happens and which employees can access it. If shortages increase during certain shifts, at specific locations or on delivery days, you can narrow down who may be responsible.

Building a strategic response

Noticing warning signs is the first step to protecting your business from employee theft. Your observations can guide you as you begin collecting evidence to support your case. Seeking legal counsel can also help you avoid costly missteps while pursuing a fair outcome.]]> On Behalf of Luibrand Law Firm, PLLC <![CDATA[How drug schedules can affect your case in New York]]> https://www.luibrandlaw.com/?p=50753 2026-04-29T06:40:45Z 2026-05-04T06:39:21Z What are drug schedules? Under the Controlled Substances Act (CSA), drugs are classified into five different schedules:
  • Schedule I: Substances that have no accepted medical use in the U.S. and have a high risk of abuse.
  • Schedule II: Dangerous drugs that have potential for abuse and can cause both mental and physical reliance.
  • Schedule III: Substances that have less likelihood for abuse than Schedule I or II drugs but have a moderate to low risk of causing mental or physical dependence.
  • Schedule IV: Drugs that have little possibility for abuse and have a low risk of addiction.
  • Schedule V: Substances with the lowest potential for abuse that contain only small amounts of certain narcotics.
A drug’s schedule directly affects the gravity of the charges. For example, possessing a Schedule I drug usually brings harsher punishment compared to a Schedule V drug. If convicted, your prison sentence may be several years long.

Impact on defense strategies

When defending drug possession charges, schedules can affect how your legal representation approaches your case. If your case involves lower-schedule drugs in small quantities, your defense could center on proving a lack of intent to sell or distribute. However, when facing charges involving Schedule I or II drugs, the focus often shifts to the validity of the evidence or whether the search and seizure was legal. Establishing a credible defense requires compiling evidence such as valid prescriptions, medical records and witness statements. A lawyer can help you identify the right path fit for your specific case.

Navigating the legal process

Drug policies are constantly changing, including the definitions and enforcement of drug schedules. Taking steps to educate yourself while seeking legal guidance is crucial in building an effective defense strategy for your case.]]> On Behalf of Luibrand Law Firm, PLLC <![CDATA[How long do you have to file a defamation claim in New York?]]> https://www.luibrandlaw.com/?p=50749 2026-04-10T11:57:59Z 2026-04-15T11:56:57Z Understanding the statute of limitations in defamation cases A statute of limitations sets the deadline for filing a lawsuit. In defamation cases, this rule encourages timely resolution, helps preserve evidence and limits prolonged legal exposure for defendants. In New York, the filing deadline for defamation claims is one year. This applies to both libel, which involves written or recorded statements, and slander, which involves spoken statements.

When the clock starts: The single publication rule

The state follows the single publication rule, which means the one-year period usually begins on the date the statement was first published or communicated, and the discovery rule rarely applies. For example, if someone posts a false online review on March 1, 2026, the deadline to file a claim is typically March 1, 2027. The time limit generally starts when the statement is published, not when you discover it. This is especially relevant for online content, which can remain accessible long after its initial upload. In some cases, a republication of the same statement may restart the filing period. However, simply continuing to host the same content online typically does not reset the deadline unless it is reposted, republished by another party or materially changed.

Practical steps to protect your defamation claim

If you believe someone defamed you, these steps can help you document the incident:
  • Save copies of the statement, including screenshots and the page source (HTML) of the online content.
  • Keep related communications, such as emails or text messages, and identify witnesses who viewed the item.
  • Note the original publication date and any republications or reposts.
A clear record can help support your account if someone later questions the details.

Acting within the deadline

The limited filing window leaves little room for delay. Knowing when the clock starts, keeping clear records and acting promptly can help preserve your legal options.]]> On Behalf of Luibrand Law Firm, PLLC <![CDATA[Factors for challenging a warrantless search in New York]]> https://www.luibrandlaw.com/?p=50746 2026-03-27T08:06:56Z 2026-04-01T08:06:00Z The legal reason for the stop The validity of a search depends on how the interaction began. Under the New York State Constitution, police must meet a specific standard to pull you over. For a traffic infraction, like a broken light, officers generally must have probable cause to initiate the stop. If an officer stops you based only on a "hunch," a court may suppress any evidence they find later.

Physical touch and the frisk

New York provides much stronger protections during a "pat-down" than the federal government. An officer may only frisk a person if they have a reasonable suspicion that the person is armed and dangerous. Unlike federal rules, New York prohibits an officer from seizing non-weapon contraband, such as drugs, based solely on how it felt through clothing. Once the officer confirms you do not have a weapon, the search must stop.

Protective searches of a vehicle

Police may only conduct a limited "protective search" of a car interior without a warrant if they have a reasonable suspicion that a weapon is present. They cannot move your property or look through containers simply because they are curious. If an officer searches your vehicle without a specific, documented threat to their safety, they may have violated the law.

Understanding your defense options

The rules for criminal defense in New York are based on unique court decisions. Because these standards are high, a minor mistake by an officer can lead to a dismissal. If you believe your privacy was invaded, help is within reach. An experienced attorney can evaluate the officer's conduct to determine if a motion to suppress evidence is appropriate.]]> On Behalf of Luibrand Law Firm, PLLC <![CDATA[Can a hostile work environment only be caused at work?]]> https://www.luibrandlaw.com/?p=50741 2026-03-13T10:09:56Z 2026-03-18T10:09:32Z Many people will experience discrimination or harassment at some point in their lives. While it can come from all quarters, it is unsurprising that many experience it in the workplace at the hands of colleagues or managers. After all, these are people you likely see all the time. Most employers and employees are well aware that the law expects workplaces to be free of harassment and discrimination that is based on a person’s protected characteristics. For example, their skin color, race, religion, gender or disability, among other things.  Anyone on the receiving end may be justified in bringing a claim based on the hostile work environment that has been created. What many do not realize is that these claims can also result from actions that occur totally outside the workplace.

How can events outside the workplace count?

Here are a couple of examples: Julie has been getting unwelcome texts of a sexual nature from one of her bosses. They never send them during worktime, but that does not matter. She still has to go in each day and work under that person, knowing what they said in those messages.  Marco is attending a trade show with some other members of the team. It’s a two-day event, so they stay in a hotel overnight. All is going well until they go to the bar to unwind, and some of the team members start making jokes about Marco’s national origins. He cannot simply forget what was said, come Monday, when they return to the office The work environment will have changed for the worse for both of these people. They may no longer feel as comfortable or safe in their workplace, due to those actions outside the workplace. Proving harassment or discrimination can sometimes be challenging, but taking action is often the best way to ensure it does not happen again. Those who experience it may want legal guidance to explore their options.]]> On Behalf of Luibrand Law Firm, PLLC <![CDATA[What happens after a DWI arrest in New York?]]> https://www.luibrandlaw.com/?p=50737 2026-03-16T14:14:49Z 2026-03-13T09:02:48Z A DWI arrest in New York can trigger immediate license suspension and criminal charges. You may face court action, DMV penalties and long-term consequences that affect your record and finances.

Arraignment and license suspension

Your first court date is the arraignment. The judge reads the charges and addresses release conditions. If you are accused of driving with a .08% BAC or higher, the court may suspend your license at arraignment under the prompt suspension law. You may apply for a conditional license in limited cases. This decision can directly affect your ability to work or attend necessary appointments.

Chemical testing and refusal

Under New York’s implied consent law, you must submit to a chemical test after a lawful arrest. Refusing a breath, blood or urine test leads to a separate DMV hearing. If the DMV determines you refused, you may face:
  • One-year revocation: Loss of driving privileges for at least one year.
  • Civil penalty: A monetary penalty imposed by the DMV.
These consequences apply even if your criminal charge is reduced or dismissed.

Penalties for a first DWI conviction

A first-time DWI is usually a misdemeanor. If convicted, you could face:
  • Jail exposure: Up to one year.
  • Fines: $500 to $1,000, plus mandatory surcharges.
  • License revocation: At least six months.
  • Ignition interlock: Required installation in your vehicle.
  • Impaired driver program: Mandatory completion of a state-approved program.
The court may also order probation and an alcohol evaluation. A conviction can remain on your criminal record and may increase insurance costs.

How New York law classifies charges

Under New York Vehicle and Traffic Law § 1192, alcohol-related offenses are divided by BAC level and impairment. According to VTL 1192.1, driving while ability impaired applies when your BAC is between .05% and .07% or when alcohol impairs your ability to drive to any extent. A DWAI is a traffic infraction and not a crime but it can still lead to fines, a 90-day suspension and a driver responsibility assessment.

Why working with an attorney is recommended

A DWI case involves both criminal court and DMV proceedings. Each has strict procedures and deadlines. An experienced attorney can evaluate the traffic stop, review breathalyzer records and identify possible defenses. Early guidance may help you reduce the long-term impact of a DWI charge.]]> On Behalf of Luibrand Law Firm, PLLC <![CDATA[3 reasons to report the use of excessive force by police officers]]> https://www.luibrandlaw.com/?p=50733 2026-02-27T07:02:23Z 2026-03-04T07:01:39Z Police officers can use force to detain an individual and take them into state custody. They can also use physical force when they choose to intervene in a crime in progress.  Generally speaking, officers should try to use the least amount of force they reasonably can without endangering themselves or others. Those who have sustained injuries due to excessive force on the part of police officers may want to report the matter and take legal action.  There are many reasons to do so, including the three compelling potential benefits below. 

1. Accountability for officers

New York has adopted new regulations pertaining to police officer misconduct. If an individual officer is the subject of five or more complaints within two years, an investigation may occur. Reporting excessive force can help create a paper trail affirming an officer’s problematic behavior. 

2. Changes in department policy

Insufficient training and other systemic issues within police departments often contribute to the use of excessive force. When members of the public report dangerous and injurious encounters with law enforcement professionals, they may force local police departments to review how they train officers and what forms of support they provide to those with a history of trauma or volatile conduct on the job. 

3. Financial compensation

Victims of excessive police force may have significant injuries that require medical attention. They may miss work because of their injuries, causing a cascade of financial consequences. A successful lawsuit related to excessive force could provide compensation for those injured by aggressive police officers.  Discussing what occurred during an arrest or other interaction with law enforcement professionals can help people understand their rights. Victims of excessive police force can demand accountability in cases where credible evidence supports their allegations.]]> On Behalf of Luibrand Law Firm, PLLC <![CDATA[How the civil courts can resolve a contract dispute]]> https://www.luibrandlaw.com/?p=50731 2026-02-13T08:20:07Z 2026-02-18T08:19:04Z Contract termination In some cases, a judge may review a contract and determine that it is not actually a valid agreement. Other times, they can order rescission, which is the official termination of the contract through the courts. Doing so can sever the business relationship, preventing additional issues.

An award of damages

When a contract breach has provable economic consequences, the courts can compensate the affected party. Calculating the economic impact the contract breach has generated can lead to financial compensation awarded by the courts.

Protective court orders

Judges can issue injunctions to limit future misconduct. They can also enforce contracts using injunctions or orders of specific performance. Reviewing the terms of a contract with a legal professional can help frustrated business leaders choose the best options available to them after a contract breach occurs. A successful breach of contract lawsuit can help hold another business or an individual accountable for violating a contract they signed with a company.]]> On Behalf of Luibrand Law Firm, PLLC <![CDATA[Mediating business disputes to avoid costly litigation]]> https://www.luibrandlaw.com/?p=50728 2026-02-03T06:17:00Z 2026-02-06T06:16:19Z When a business dispute arises, many assume that filing a lawsuit is the inevitable next step. However, it’s not your only option. Mediation provides a structured and confidential means of resolving disputes without the time-consuming and costly process of litigation. Think of it as a structured negotiation process guided by a neutral third party. The mediator does not act as a judge and does not impose a decision. Instead, they help both sides communicate, clarify the issues and explore possible solutions. The goal is to reach a voluntary agreement that works for everyone involved. Mediation can address a wide range of conflicts, including partnership disputes, shareholder disagreements, contract issues and claims involving breach of loyalty or misuse of company assets.

Why mediation makes sense

One of the biggest advantages of mediation is cost control. Litigation can stretch on for months or even years, with mounting legal fees, discovery expenses and lost productivity. Mediation is typically much faster and far less expensive. Confidentiality is another key benefit. Court proceedings are generally public, which can expose sensitive financial information and damage a company’s reputation. On the other hand, mediation is a private process that allows businesses to resolve disputes without unwanted publicity. You’ll also have more control over the outcome instead of leaving it to a judge or jury. This flexibility can lead to creative solutions that a court may not offer. Mediation also helps preserve business relationships, while a lawsuit often intensifies conflict.

Guiding your business through conflict

If you’re embroiled in a business dispute, you want a focused legal and financial response designed to stop the damage, trace the losses and put the company in the strongest position possible to recover what was taken or lost. This means exploring viable solutions, such as mediation or filing a lawsuit, if necessary. Seeking professional legal guidance can help you evaluate the most effective path to safeguard your business interests and ensure your decisions are strategic, informed and legally sound.]]>