WHY CHARLES INTERNICOLA DID NOT JUMP OFF A BRIDGE … · One book that we highly recommend is...

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volume 1 | issue 8 Charles N. Internicola is a business and franchise lawyer who is also an entrepreneur and franchisor. Charles “gets and understands” what it means to be a business owner. With that understanding, he has developed unique programs involving the representation of closely-held companies, franchisors, distributors and individual entrepreneurs in business transactions, franchising, licensing, and business litigation, including protection of intellectual property and partnership disputes. The Business and Franchise Law Report is a publication of the Charles N. Internicola Law Firm, P.C., and is intended to educate the general public about business law issues. It is not intended to be legal advice. The information in this newsletter may be freely copied and distributed as long as the newsletter is copied in its entirety. ABOUT CHARLES N. INTERNICOLA, ESQ. email [email protected] | web www.BusinessandFranchiseLaw.com | tel 800.976.4909 INTERSECTION OF BUSINESS AND LAW WHY CHARLES INTERNICOLA DID NOT JUMP OFF A BRIDGE WITH 40K IN HIS PANTS BUT WHY A READER OF THIS NEWSLETTER THREATENED TO SUE HIM AND CONTACT THE ACLU volume 1 | issue 7 Well, if you recall in our July newsletter, I discussed the adverse business climate in New York and lawsuit by the New York State Division of Human Rights against a New York franchisor. Well the lawsuit prohibits alleged discrimination against individuals previously convicted of a crime. For example, in New York (under certain circumstances) if you are a business owner and place a help wanted advertisement that says you don’t want applicants with criminal convictions, then you can be sued. During this past summer, a “convicted criminal” filed a discrimination claim against my company due to an alleged “help wanted” ad that asked those convicted of a crime to not apply. In the July newsletter article I went through great detail about how ridiculous this law was and how when the claimant’s / convicted criminal’s attorney demanded a settlement of 40k I told him... well, that I would rather jump off a bridge. Following our newsletter article the “convicted criminal” who filed the discrimination claim against our company sent me a personal email threatening to sue me. You see, he read this newsletter and thought it was wrong that I revealed his name. Here is a part of the threat: Mr. Internicola, …should you not remove your posting on your website [copy of our newsletter] that contains my name…You are also being referred to the Division Prosecutions Unit… who will pass this matter on to General Counsel and the Commissioner should you refuse to remove my name… —continued on page 2

Transcript of WHY CHARLES INTERNICOLA DID NOT JUMP OFF A BRIDGE … · One book that we highly recommend is...

Page 1: WHY CHARLES INTERNICOLA DID NOT JUMP OFF A BRIDGE … · One book that we highly recommend is “The ONE Thing: The Suprisingly Simple Truth Behind Extraordinary Results” by Gary

volume 1 | issue 8

Charles N. Internicola is a business and franchise lawyer who is also an entrepreneur and franchisor. Charles “gets and understands” what it means to be a business owner. With that understanding, he has developed unique programs involving the representation of closely-held companies, franchisors, distributors and individual entrepreneurs in business transactions, franchising, licensing, and business litigation, including protection of intellectual property and partnership disputes.

The Business and Franchise Law Report is a publication of the Charles N. Internicola Law Firm, P.C., and is intended to educate the general public about business law issues. It is not intended to be legal advice. The information in this newsletter may be freely copied and distributed as long as the newsletter is copied in its entirety.

ABOUT CHARLES N. INTERNICOLA, ESQ.

email [email protected] | web www.BusinessandFranchiseLaw.com | tel 800.976.4909

INTERSECTION OF BUSINESS AND LAW

WHY CHARLES INTERNICOLA DID NOT JUMP OFF A BRIDGE WITH 40K IN HIS PANTS BUT WHY A READER OF THIS NEWSLETTER THREATENED TO SUE HIM AND CONTACT THE ACLU

volume 1 | issue 7

Well, if you recall in our July newsletter, I discussed the adverse

business climate in New York and lawsuit by the New York State

Division of Human Rights against a New York franchisor. Well

the lawsuit prohibits alleged discrimination against individuals

previously convicted of a crime. For example, in New York

(under certain circumstances) if you are a business owner

and place a help wanted advertisement that says you

don’t want applicants with criminal convictions, then

you can be sued. During this past summer, a “convicted

criminal” filed a discrimination claim against my company due

to an alleged “help wanted” ad that asked those convicted of a

crime to not apply.

In the July newsletter article I went through great detail about

how ridiculous this law was and how when the claimant’s /

convicted criminal’s attorney demanded a settlement of 40k I

told him... well, that I would rather jump off a bridge.

Following our newsletter article the “convicted criminal” who

filed the discrimination claim against our company sent me

a personal email threatening to sue me. You see, he read this

newsletter and thought it was wrong that I revealed his name.

Here is a part of the threat:

“Mr. Internicola,

…should you not remove your posting on your website

[copy of our newsletter] that contains my name…You are

also being referred to the Division Prosecutions Unit…

who will pass this matter on to General Counsel and the

Commissioner should you refuse to remove my name…

—continued on page 2

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2 The Business and Franchise Law Report | Volume 1 Issue 7

WHY CHARLES INTERNICOLA DID NOT JUMP OFF A BRIDGE WITH 40K IN HIS PANTS BUT WHY A READER OF THIS NEWSLETTER THREATENED TO SUE HIM AND CONTACT THE ACLU

… I am part of a NY protected class, have a right to file

a complaint that states “no criminal convictions” as a

qualification…While you may not like that ex-offenders are

protected, we are and while you have every right to blog about

it, leave my name out of it…I will refer the matter to the Bronx

Defenders, the Legal Action Center, the NYCU and ACLU and file

a complaint with the attorney general and they all support all

ex-offenders (and frown upon businesses that decide to say ex-

offenders have no right in this state to work)…

UPDATE: Well I am glad to report that we did not back down and

the case against us was dismissed. This is all good news for me since

I won’t have to jump off any bridges.

One sad thing though is how many small business owners were

forced to settle and pay money just because they placed a help

wanted ad?

—continued from page 1

NEWS

THE LAW FIRMS FAVORITE ASTRONAUT AND BUMBLE BEE

RESOURCES & SPECIAL INTEREST

One book that we highly recommend

is “The ONE Thing: The Suprisingly

Simple Truth Behind Extraordinary

Results” by Gary Keller and Jay

Papasan. This book is all about how

to stop the daily distractions that we

all encounter -- emails, meetings, etc.

-- which ultimately result in “second-rate” work and

added stress.

When it comes to business development, expansion

and growth, as a business owner, your critical task

is to “focus” on doing the “right” things and not

“everything”.

One of our favorite (and most entertaining) office visitors are Brian

Lincer, Esq.’s children, Shea and Madison. This past Halloween, Shea

was planning out his future career options and was dressed as an

astronaut. Madison also pursued “flight” but did so as one of the most

beautiful bumblebees that we have seen.

Shea and Madison will not reveal their plans for next years costumes

but have told us to “expect some surprises”. By the way, Shea’s favorite

candy is peanut butter cups while Madison’s is M&M’s.

This is a free sample from kawacoco-Illustrator-labo.Use and abuse it to your heart's content, just don't resell or redistribute it in any way.

Vector Freebies from kawacoco Illustrator-labo

http://illustrator-labo.com/

Happy Halloween

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BUSINESS AND FRANCHISE RESOURCE

JOEL LIBAVA IS “THE FRANCHISE KING”

Our friend, Joel Libava is “The

Franchise King” (yes he is... look

him up)! Joel is a franchise

ownership advisor and works with

entreprenuers looking to buy a

franchise.

Not all franchises are right

for everyone, so Joel teaches

prospective franchisees how to

choose, research and buy the

franchise that would be the best fit

for them.

What we really like about Joel is that

he is a trusted franchise advisor who

is honest to his clients and doesn’t

sugarcoat anything. Read Joel’s

award-winning franchise blog for the

latest tips and news about buying a

franchise.

If you are buying a franchise, be sure to visit Joel Libava’s website for more information at www.TheFranchiseKing.com

www.BusinessandFranchiseLaw.com

The photo is from a firm outing in

October. You see we closed the office

and went ATV riding in New Jersey’s

Coastal Pine Barrens (really nice during

fall season). Why? Well this past year

has been one where

we really set out some

significant team goals.

The most important

goal and metric that

we set for 2013 was to

drive client satisfaction

levels. That is, to

monitor and ensure

we take every step possible to “deliver

value” to our clients.

Well in November we got some positive

feedback in this area and we received

the 2013 Avvo Clients’ Choice Award.

This acknowledgement was driven

by the extremely positive reviews

submitted and filed by our clients.

To our clients, Thanks. While there is always

room for improvement (2014’s goals and

standards ahead) it was a

great time for a firm outing

for a team of professionals

(our staff) who care about

what they do, our clients

and their own personal

development.

So how was quad riding? A

lot of fun. Also many backaches the next

day.

To view more photos of our ATV office outing, visit our Facebook page: www.facebook.com/TheInternicolaLawFirmPC

BUSINESS SPOTLIGHT

THE INTERNICOLA LAW FIRM ACHIEVES IMPORTANT CLIENT SATISIFACTION METRIC... SO WE GO ATV RIDING?

CONNECT WITH US!

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Steve Jobs“The only way to do great work is to love what you do. If

you haven’t found it yet, keep looking. Don’t settle.”

IN THIS ISSUE

1000 South Avenue | Suite 104Staten Island, NY 10314

1.800.976.4904www.BusinessandFranchiseLaw.com

CHARLES N. INTERNICOLA, ESQ. RECEIVES THE 2013 FAST-GROWING BUSINESS AWARD

Congratulations to business and franchise lawyer Charles Internicola for being recognized for “delivering outstanding, responsive customer service, improving

WHY A READER THREATENED TO SUE CHARLES INTERNICOLA AND CONTACT THE ACLU The outcome and threats from a convicted criminal’s lawsuit. PAGE 1

BUSINESS AND FRANCHISE RESOURCE Joel Libava, The Franchise King, is a key resource if you are looking to buy a franchise. PAGE 4

BUSINESS SPOTLIGHT The Internicola Law Firm goes ATV riding after achieving client satisfaction and team goals. PAGE 3

NEWS Charles Internicola, Esq. attains “The Fast-Growing Business Award” for improving business productivity and more. PAGE 4

NEWS

QUOTE OF THE MONTH

INTRODUCING THE FRANCHISE LAUNCH MAGAZINE - VOL. I

We had a great turnout during our Annual Start-Up Franchisor Teleconference this past October. Thank you to all that participated. In the next month, we will be publishing the “How To Launch Your Franchise” Series that will feature key topics that were discussed during the call including:

3 questions to determine if franchising is right for you and your business;

Facts and myths about how much it should cost to franchise; and

Getting started and how to have your FDD and Franchise Agreement ready for filing in order to launch for the new year.

Mr. Internicola explained the many “tricks” and “treats” that start-up franchisors should be aware of and we definitely recommend that you read and listen to the teleconference materials.

To listen to the teleconference and obtain a complimentary copy of the call on CD visit: www.BusinessandFranchiseLaw.com or contact my staff at 800. 976. 4904.

RESOURCES & SPECIAL INTEREST

business productivity and efficiency, and creatively solving business challenges.”