The Tarantino Law Firm, LLP Business Law Attorneys In Buffalo | The Tarantino Law Firm, LLP 2026-05-14T02:12:31Z https://www.tarantinolaw.com/feed/atom/ WordPress On Behalf of The Tarantino Law Firm, LLP <![CDATA[What Buffalo businesses need to know before acquiring another company]]> https://www.tarantinolaw.com/?p=49046 2026-05-01T02:13:42Z 2026-05-14T02:12:31Z Why employment obligations follow the business not just the seller The structure of an acquisition affects which liabilities transfer to the buyer, but employment obligations often follow the business regardless of how the deal is structured. In a stock purchase, you step into the seller's position entirely, inheriting their employment contracts, their wage and hour history and any pending claims or investigations. In an asset purchase, you may have more flexibility to limit what you assume, but if you continue the same business operations with the same workforce, New York courts and regulators often treat you as a successor employer with corresponding obligations. New York's WARN Act applies to employers with 50 or more employees and requires 90 days advance notice before a plant closing or mass layoff. A separate federal threshold applies to larger employers. If your acquisition involves restructuring or reducing the workforce, understanding your WARN Act obligations before the transaction closes prevents costly surprises afterward.

What employment due diligence should cover before you close

A thorough employment review before an acquisition gives you a clear picture of what you are taking on and where the significant risks lie. Here is what that review should address:
  • Existing employment agreements, including any non-compete, non-solicitation and confidentiality provisions that the seller's key employees have signed and whether those agreements are enforceable under New York law as currently drafted.
  • Worker classification practices, including whether the company has classified workers as independent contractors in ways that may not hold up under New York Department of Labor or IRS standards, which can create retroactive wage and benefit liability.
  • Any open or recently resolved wage and hour claims, Department of Labor investigations or employment discrimination complaints that the seller has not fully disclosed.
  • Collective bargaining agreements, if any, since the National Labor Relations Act may require the acquiring business to honor existing agreements with unionized workforces even after the transaction closes.
Each of these areas represents a potential liability that proper documentation review can identify, quantify and address through the deal terms before closing rather than through litigation after.

How documentation review creates cost certainty for buyers

The goal of employment due diligence is not to find reasons to walk away from a good acquisition. It is to understand exactly what you are buying so you can price the deal accurately, negotiate appropriate representations and warranties from the seller and structure indemnification provisions that protect your investment if undisclosed liabilities surface after closing. An attorney familiar with New York employment law and business acquisitions in western New York can guide your due diligence process, identify the employment issues that carry the most risk for your specific transaction and make sure the documentation behind the deal gives you the cost certainty your investment requires.]]> On Behalf of The Tarantino Law Firm, LLP <![CDATA[Tips for choosing the right business partner]]> https://www.tarantinolaw.com/?p=49044 2026-04-17T12:20:11Z 2026-04-29T12:18:53Z After spousal and familial relationships, the relationship that you share with your business partner is likely primary. That’s why anyone contemplating entering into a partnership should strive to find the best candidate possible. Below is some important information for anyone interested in taking on a partner for their venture.

Look for someone with complementary skill sets

This is common sense if you want a successful business partnership. If you excel at sales, pick somebody with a meticulous eye for detail and numbers (and vice versa). This can also help you both to stay in your lanes and avoid stepping on anybody’s toes.

Share common goals

Here is where you want to align closely with your partner. Having shared goals can better secure your success in the marketplace. Don’t be afraid to ask questions about a candidate’s view on issues that are important to your company.

Assess compatibility

The candidate who looks perfect on paper can still fall far short of the mark if they have personality quirks or other habits that set your teeth on edge. Be honest with yourself about how much you can tolerate.

Commit your agreement to writing

Whomever you choose as a partner in your business, make sure to draft and sign a partnership agreement that is legally binding here in New York. Doing so now can help both partners avoid pitfalls down the road if or when the partnership must be dissolved. Learning more about your rights and responsibilities under the law can help you reduce your company’s liability and avoid future problems.]]> On Behalf of The Tarantino Law Firm, LLP <![CDATA[13 protected classes that every employer and employee must know]]> https://www.tarantinolaw.com/?p=49040 2026-04-03T12:07:57Z 2026-04-13T12:06:24Z In a fair workplace, your merit should be the only thing that matters. Your performance, skills and dedication should drive your career forward. In fact, New York's human rights laws protect this idea by creating 13 protected classes that shield you from employment discrimination. These protections make sure that your workplace opportunities depend on what you can do, not who you are.

13 protected characteristics you need to know at work

So what exactly are these protected classes? Think of them as the ground rules for workplace fairness in New York. Learning about these categories helps you spot your rights and responsibilities. Here are the 13 protected classes and what they cover:
  • Race and color: This protection shields you from discrimination based on how you look or your ancestry.
  • Religion: This class protects how you practice and observe your faith.
  • National origin: You cannot face bias based on where you came from, your culture or your accent.
  • Sex: This protection includes gender, pregnancy, sexual orientation and gender identity.
  • Age: This class specifically protects workers 40 and older from employers pushing them out.
  • Disability: This protection guarantees you reasonable accommodations for physical or mental impairments.
  • Genetic information: Employers cannot use your family medical history when they hire.
  • Citizenship status: This class prevents employers from passing over legal residents for jobs.
  • Veteran status: This protection ensures those who served do not face penalties for their military service.
  • Marital status: You cannot face bias for your relationship status, whether married, single or divorced.
  • Family or parental status: This class protects caregivers and parents from unfair treatment.
  • Political affiliation: This protection safeguards your personal beliefs in certain jobs.
  • Retaliation status: This class protects you if you have filed discrimination claims before.
These protections level the playing field for everyone at work. However, knowing what these classes are is just the start. Understanding why they matter makes these protections truly useful.

Why these protections benefit everyone at work

These rules help both employees and employers in important ways. For employees, knowing these classes gives you the power to stand up for yourself and your coworkers when things go wrong. At the same time, for employers, these protections work like a roadmap for building a healthy workplace. Ignoring them leads to expensive lawsuits and employees leaving. Thus, following them creates stronger, more productive teams. In the end, everyone wins when workplaces focus on merit rather than bias. This win-win situation makes these protections vital for Buffalo workplaces to thrive.

Building a fair workplace in Buffalo

Now that you understand these protections, you can start building better workplaces. Whether you work as an employee or employer in Buffalo, knowing these protections helps you create a respectful workplace where everyone can succeed. When you spot signs of discrimination, knowing your options and how to handle them makes a real difference. These protections keep workplaces fair and welcoming, where your skills and hard work truly matter most.]]> On Behalf of The Tarantino Law Firm, LLP <![CDATA[Defending against “never event” claims in New York hospitals]]> https://www.tarantinolaw.com/?p=49039 2026-03-24T07:31:29Z 2026-04-03T07:30:32Z Defining the "never event" in a legal context Regulators often link a never event to a loss of payment. In court, however, these events create a difficult position for the defense. When a plaintiff claims a never event occurred, they often try to use the rule of res ipsa loquitur — "the thing speaks for itself." In New York, this rule lets a jury assume negligence caused the injury. To counter this, the attorney must look past the shock of the error and examine these points:
  • Standard of care: The attorney must determine if the hospital met technical needs through active safety checks.
  • Procedural manifestation: The defense examines where exactly the error happened despite clinical safeguards.
Focusing on these details helps the attorney move the jury's attention from the result to the actual process.

Systemic failure vs. individual negligence

A part of this shift involves seeing the difference between a doctor's mistake and a broad system failure. In many preventable errors, the doctor may have used the right skills while the hospital’s chaotic system combined with a series of failed safety layers, allowed the error to slip through. Defending these cases requires a review of "time-out" policies and surgical counts. The defense must determine if the support team gave the provider the right facts at the right time.

The power of proactive documentation

A paper trail showing the medical team followed proper protocols is a strong defense against a never event claim. Records that show a surgical team used pre-op checklists and post-op counts serve as proof to fight a claim of neglect. When a provider shows they follow safety steps, the attorney can frame the event as a tragic, isolated accident rather than neglect of patient safety.]]> On Behalf of The Tarantino Law Firm, LLP <![CDATA[Can families install granny cams in New York nursing homes?]]> https://www.tarantinolaw.com/?p=49023 2026-03-26T08:15:53Z 2026-03-23T12:40:23Z Are private cameras in nursing homes legal? New York does not have a specific law that gives families an automatic right to install private cameras in nursing home rooms. Since there is no "blanket permission" from the state, facilities are generally free to set and enforce their own internal policies against secret devices.

What are the potential legal issues of using unauthorized cameras?

Recording in a shared room captures the private lives of other residents without their consent. Most residency agreements also include clear prohibitions against installing unapproved electronic devices. Families who ignore these rules may find their footage challenged or thrown out of court. This can put your facility in a much stronger position when defending against claims of neglect.

Do audio recording and consent laws apply?

New York follows a "one-party consent" rule for recording conversations. This rule, however, rarely applies in a nursing home setting. Suppose a camera records two of your staff members talking while a resident is asleep. Generally, no one in that conversation has consented to being recorded. This situation typically makes the audio recording illegal under state eavesdropping laws. Courts frequently throw out video or audio evidence that people secure through illegal surveillance.

What are the risks to the facility?

Unauthorized cameras often capture sensitive health information protected by HIPAA. Your facility could face heavy fines and lawsuits if a recording of another resident leaks. Your employees may feel harassed or intimidated when they discover someone is “spying” on them. That effect on staff morale can lead to resignations or legal claims against your facility. There is also the risk of evidence taken out of context. A poorly placed camera might capture a snippet of care while missing the full picture. One hidden device can trigger a chain reaction of regulatory audits and long-term disputes.

What proactive steps to take in cases of alleged neglect or abuse?

It is a good practice to regularly check your admission agreements to ensure your policy on electronic monitoring is clear. Having transparent rules helps prevent families from resorting to secret surveillance. It also gives your facility a solid standard to point to if a dispute arises. If your facility finds an unauthorized camera, refrain from rushing to remove it immediately. Tampering with the device can actually hurt your legal standing later. Consider documenting the discovery carefully. You will need to note the location, time and any identifying features of the device. Professional support is also essential to review your policies and defend your facility against claims involving recorded evidence.]]> On Behalf of The Tarantino Law Firm, LLP <![CDATA[Severance Agreements: Essential Terms Employees and Employers Should Review]]> https://www.tarantinolaw.com/?p=49024 2026-03-07T19:24:06Z 2026-03-18T07:27:29Z What does the severance package include? Severance pay is often provided in a lump‑sum amount. It may include a portion of the worker’s salary and the continuation of certain employment benefits for a set amount of time after termination. Importantly, severance packages typically come with a release of claims, meaning the employee agrees not to pursue legal claims against the employer related to their employment or separation. These agreements also often contain restrictive covenants—such as non‑compete, non‑solicitation, or confidentiality obligations—or other provisions that regulate employee and employer conduct after employment ends. Understanding both the financial and non‑financial components of a severance package is essential. Does the package change over time? Severance pay is often part of an incentive package designed to motivate high-performing workers to maintain strong performance and remain with the company. Some agreements include provisions that increase the severance amount after the employee meets certain milestones, such as a minimum tenure with the organization. Identifying how severance may grow or change over time helps both parties understand the long‑term value of the arrangement. Can the company withhold severance? Many severance agreements include terms allowing the company to reduce or eliminate severance in certain circumstances. Often, this applies when an employee is terminated for cause, such as for significant misconduct or chronic performance issues. Understanding these conditions upfront can prevent disputes if a termination eventually occurs. Clarifying these details during the initial negotiation stage can reduce the likelihood of conflict—and possibly litigation—after an employee’s termination. Both workers and businesses may need legal guidance when negotiating severance agreements, and that’s perfectly normal.]]> On Behalf of The Tarantino Law Firm, LLP <![CDATA[When do employees have to give two weeks’ notice?]]> https://www.tarantinolaw.com/?p=49020 2026-02-20T10:00:26Z 2026-03-02T09:59:22Z In many professional work environments, there is an expectation from both employees and employers that someone who quits their job will give two weeks’ notice. When many employees accept a new job offer at another business, they will say that they cannot start for two weeks because they have to finish out their term at their former place of employment. But is two weeks’ notice actually required? Or is it just a professional courtesy and a matter of standard business etiquette?

At-will employees and contractual employees

It depends on the type of employment. For many at-will employees, who do not have any type of employment contract in place, there is no obligation to give two weeks’ notice. There is no such requirement under the law, and any employee technically has the ability to quit at any time. Employers, likewise, are allowed to fire employees or terminate their positions at any time. This changes for contractual employees, who may have agreed to stipulations that go beyond standard employment and labor laws. If an employee signs a contract stating that they must give two weeks or a month of notice, then the employee does still need to uphold their side of that agreement. If they immediately quit in violation of their contract, it may lead to litigation, especially if an employer believes that the sudden departure has financially harmed the business. Employment disputes happen for many reasons, and the above is just one example. For both employers and employees who find themselves facing such a dispute, it is important to know what legal options there are to seek a resolution.]]> On Behalf of The Tarantino Law Firm, LLP <![CDATA[How business litigation can help with unpaid debts]]> https://www.tarantinolaw.com/?p=49007 2026-02-06T07:49:42Z 2026-02-18T07:49:04Z What is receivership? In scenarios where creditors and other concerned parties can show that improper business management and questionable financial conduct have resulted in a company's insolvency, the courts may agree to intervene. The civil courts can initiate a receivership to help address the financial challenges reported at a distressed organization that cannot fulfill its financial obligations. Receivership is the legal process through which a court-appointed outside party assumes control over business management. During receivership, the court-appointed receiver reviews financial records, adjusts business practices and seeks to help the company become solvent again. By liquidating assets, streamlining company operations and working outside of the influence of entrenched leadership, receivers can help address a company’s financial woes. A court-ordered receivership is sometimes the only way for creditors to secure payment for the debts owed by an organization. Reviewing – with the assistance of a skilled legal professional – an original financial obligation and communications with a business debtor can help creditors effectively evaluate their options. Initiating business litigation to request a receivership is sometimes a viable solution for unpaid business debt.]]> On Behalf of The Tarantino Law Firm, LLP <![CDATA[When a birth injury develops before labor starts]]> https://www.tarantinolaw.com/?p=49006 2026-01-30T15:45:58Z 2026-02-04T13:53:48Z Cerebral palsy often begins in utero Delivery room errors are not the only cause of cerebral palsy. Blunt-force trauma to a pregnant woman's abdomen or compression of an umbilical cord can potentially cause damage to the developing brain of the unborn baby. In some cases, it may be possible to conduct in-depth testing, such as imaging exams, to validate the claim that the cerebral palsy began well before the woman went into labor. Other times, health care professionals can potentially use documentation from the labor and delivery process to show that they adhered to current best standards and that no egregious oversights occurred. Without proof of significant deviations from best practices, the claim of medical malpractice may not be legally viable. Health care professionals and hospital managers responding to medical malpractice lawsuits after a cerebral palsy diagnosis may be able to avoid a costly settlement and the professional challenges that could follow a substantiated or settled birth injury lawsuit. Reviewing the severity of the child's condition, the interventions provided during labor and even medical records from during the pregnancy with a skilled legal team could all help validate that doctors did not cause a child's condition. With the right strategy, health care professionals can potentially defend successfully against malpractice allegations that could otherwise cause serious damage.]]> On Behalf of The Tarantino Law Firm, LLP <![CDATA[Medical malpractice vs. bad outcome: where the legal line is drawn]]> https://www.tarantinolaw.com/?p=49003 2026-01-12T09:13:02Z 2026-01-22T09:12:19Z Medicine is a complex science, and even the best care does not guarantee perfect results. Healthcare providers carry the responsibility of applying their training, judgment and compassion at every stage of patient care, while navigating uncertainty and risk.  When an unexpected outcome occurs, it can be unsettling for everyone involved. Questions may arise about whether the result was an unavoidable complication or whether it reflected a departure from accepted standards of care.

Malpractice or a complication?

Not every poor medical outcome is the result of malpractice. Many treatments carry known risks, and complications can occur even when a provider follows accepted medical standards. Infections, adverse reactions or unexpected setbacks may be tragic, but they are not automatically evidence of wrongdoing. From a legal perspective, malpractice requires more than a bad result. There must be a deviation from the standard of care, meaning the provider failed to act as a reasonably competent professional would under similar circumstances. Without that deviation, the law generally views the outcome as an unfortunate medical reality rather than negligence. Causation is another critical factor. Even if a mistake occurred, it must be shown that the error directly caused the injury. If the harm would have happened regardless of the provider’s actions, malpractice may not be legally established. These distinctions are often subtle, but they matter greatly in determining liability. Understanding where that line is drawn helps to protect both patients and medical professionals. It ensures accountability when standards are breached, while also recognizing that medicine is not an exact science. Courts and juries rely heavily on medical experts to explain what should have been done, what was done and whether the difference truly caused harm. If you are facing questions about a medical outcome, having clarity is essential. Speaking with an experienced legal professional can help you understand your options, assess the facts and determine the most appropriate path forward with confidence and care.]]>