There is no such thing as a “wrongful termination.”
Getting fired is one of the hardest things that can happen to someone. Especially if it’s a surprise or happens under unfair circumstances. And one of the hardest conversations we have with people who have been fired, is telling them that there’s not much they can do from a legal standpoint.
Why is that? Well, in New York, there is no such thing as a wrongful termination in an abstract sense. There is only a termination that violates a particular law, or that violates someone’s employment agreement. Since many employees do not have employment agreements, today we are focusing on what we call “at will” employees – employees who can be fired at any time for any reason, assuming that reason is not discriminatory or in retaliation for making a complaint that the law protects.
So, let’s talk about the two main categories of true illegal terminations: discrimination and retaliation.
What is a discriminatory termination? Discrimination means that you were fired because of your protected status. State and federal law protect all sorts of statuses like your sex, race, national origin, age, pregnancy, if you have a disability, your military service, and others. All of us have a protected status, but discrimination is when an action is taken against you because of that status.
What is a retaliatory termination? Retaliation can be a little bit trickier. Not all complaints are protected from retaliation. For a complaint to be protected from retaliation, you have to be complaining about something that the law protects. It can’t just be a general grievance or that your boss mistreated you or that a coworker is acting unprofessionally. It has to be a complaint of otherwise illegal conduct, such as harassment because of a protected status (like sexual harassment), or illegal activity protected by a whistleblower law (like a workplace safety law). You can also be retaliated against for other types of activity the law protects, like requesting a reasonable accommodation of a disability, using your FMLA leave or, if you are a public employee, exercising your First Amendment rights.
There are countless circumstances where a termination is incredibly unfair but the circumstances when there is legal recourse – usually meaning the ability to recoup your lost wages in a lawsuit or through an administrative proceeding – are few and far between. If you believe your termination falls within that second scenario, you should call a lawyer as soon as possible because there are strict time deadlines in all employment cases, and the clock starts ticking on the date of the action you are complaining about.
GLENS FALLS — The Eden Center for Integrative Care, which offers unique and personalized mental health treatments, has seen rapid expansion in its first year of operation. According to owner and director Daniel Breeyear, the expansion speaks to the need for mental health services in the region.
“Going from six to 26 employees in a year just kind of highlights the growth and the need for this sort of service in the community,” said Breeyear.
The Eden Center, which opened in August 2021, focuses on personalized care, “because there are no generic patients,” said Breeyear.
“Everybody is a unique individual, with individual genetics and individual life circumstances,” said Breeyear.
He said the Eden Center helps patients by getting to the “root of things.”
“If you go into your doctors’ office and you tell them you’re depressed, a lot of times they’ll throw an antidepressant at you. But they don’t ever really ask why you’re depressed to begin with,” said Breeyear. “So we get to the root of things, that’s how things are ultimately fixed.”
While the Eden Center does prescribe medication, Breeyear stressed that their focus is on “the whole-body approach,” supplementing medication with a focus on neurotransmitters, neurofeedback, anti-inflammation, IV nutrition, and more. The Center offers multiple unique treatments, with Breeyear saying, “I don’t think there’s anything like it from Canada to Albany.”
“We get into the biology of how neurotransmitters are created, brain regions that are not functioning optimally. How do we get those back on track?,” Breeyear said.
The Eden Center provides pediatric and holistic care, with Breeyear saying he primarily handles that, while the Center also treats substance use and addiction. Breeyear said the Center also has 15 psychotherapists on hand, offering “traditional talk therapy.”
The Center offers a hyperbaric oxygen chamber used for anti-inflammatory and mental health purposes, with Breeyear saying the Center has the same chamber used by NBA star LeBron James.
“Same exact chamber, same exact model. That’s an athlete using that for anti-inflammatory purposes,” said Breeyear, mentioning former NFL quarterback Joe Namath as another example in sports. “That’s one thing that kind of helps a lot of different aspects of care.”
Breeyear said that the Center’s IV nutrition can help people treat deficiencies for things such as vitamin D.
“A lot of the vitamin infusions are geared towards anti-inflammation, replenishing things that you’re not getting from nutrition or from just where you live geographically,” Breeyear said. “Low testosterone can look like depression. In the same token, estrogen levels with a woman, or iron levels, can feel like fatigue and malaise and depression.”
The Eden Center also offers a neurofeedback system, with Breeyear saying it can help identify “areas of dysfunction” in the brain.
“It’s reading brainwave frequencies and it’s balancing those sorts of things on a database of 250,000 other brains of the particular individual’s demographic,” said Breeyear. “With that, it can identify areas of dysfunction, depression, ADHD, anxiety, OCD, schizophrenia, memory, sleep, all those sorts of things. With that information, the person can then come back and do brain training, essentially.
“We’re using all those things to either enhance or kind of relieve different problems and concerns, more so than just the traditional methods.”
The Eden Center has also recently begun ketamine treatments for “resistant depression,” said Breeyear.
“These people have been depressed for a long time, and the traditional medications don’t work. So they’ll come in, and we’ll do that sort of thing,” Breeyear said. “We’re doing intranasal, up through the nose, now, but we’ll be launching IV versions and a more widespread intranasal program pretty soon in the next month or so.”
Intake appointments typically last between 60 and 90 minutes, Breeyear said, with follow-ups lasting roughly a half-hour.
“That’s longer than you get at most places, even specialty care. We are able to see less people during the day, but I think the care has improved, because you’re taking more time, you can talk through more things,” said Breeyear. “It’s tough to do all those aspects of assessment in a short period of time.”
Not all of the Center’s services are covered by insurance, with Breeyear saying they are working to establish a non-profit, the Eden Center Foundation, to assist patients with potential costs.
“That was an area of need that I identified within the first year. It was hard having somebody sit across from me, knowing that you could help them, but there’s the financial component on their side and ours,” Breeyear said. “I think that’s a way to kind of alleviate some of that, and really make a difference.”
He said the Foundation would help cover costs for services such as the hyperbaric chamber, neurofeedback scans, supplements, and specialty therapy treatments.
As the Eden Center continues to grow its services, Breeyear said he aims to continue to meet need by adding staff and expanding.
“Not so many where I don’t know who you are anymore, but enough where we can continue the level of care,” said Breeyear. “If I need to go somewhere else, to add a second location or a bigger one at some point, that’s what I’ll do. But I think as long as the need and demand is there, we’ll continue to meet it until it’s not.”
For Breeyear, a native of Fort Edward and current South Glens Falls resident, the opportunity to offer mental health services in his home region “meant a lot,” he said.
“This is where I grew up, so it wasn’t hard to see the need and hear the stories of your kid’s friends, and their friends’ friends, and the school things and all that,” said Breeyear. “It’s good to be in the middle of it, and I think we’ve shown the need is definitely there.”
Bill Kay knows a thing or two about cybersecurity.
Kay launched Interlinked Technology Services in 2019, offering cybersecurity and IT support to local businesses. The company guides businesses through cybersecurity practices, in addition to IT consulting, Kay said. Interlinked has quickly grown, servicing clients from Albany to Plattsburgh, and even reaching out of state into Maine.
“They could be mom and pop shops, with one or two employees, or up to 50 employees or more, that don’t necessarily have the resources or the staff on hand to handle their IT, so they outsource a portion of that to us or all of that to us,” said Kay.
Kay, an eight-year Air Force veteran, said he gained valuable experience by working in cybersecurity during his military career.
“A bulk of my work was focused on how to secure and lock down IT networks,” said Kay. “How to prevent hackers from getting into our Department of Defense network.”
Kay was stationed in places such as Germany and Portugal, where he “worked on the most secure networks, really, around the world.” He said the experiences opened his eyes to different perspectives, and helped grow his knowledge in the field of IT and cybersecurity.
Now, Kay uses those experiences to help local businesses protect their own data and keep their company running.
“As I’m meeting with (a client) for the first time, the conversation usually leads toward, ‘Why do I care if I get hacked?,’” said Kay. “Maybe I’m just a shop doing screen printing, I’m just printing t-shirts. I don’t feel like I need to be a Department of Defense-level security in my company.”
And while he acknowledged that many companies do not need “the highest-level security,” Kay stressed that any hacking attempt could have undesirable consequences for a small business. He detailed several ways this could appear, including phishing attempts and ransomware.
“Social engineering or phishing attacks that can happen can cause someone to think that they should be transferring this money to someone that they’re used to dealing with, but perhaps that email that they received, they didn’t realize actually was disguised and came from somebody that was pretending to be someone that they knew,” Kay said, noting that it can lead to an employee or business owner unknowingly sending funds to a hacker.
He described ransomware as when a virus infiltrates a company’s network and encrypts their files to cut off access for employees and owners.
“The goal of the hacker … is to get them to pay a ransom of usually some kind of crypto to get their data back,” Kay said. “But, in all cases, what happens in that event is the business will deal with downtime.”
This can lead to a company being temporarily cut off from its own production line, he said.
“Generally, if that happens, that equates to that business missing out on opportunities, or losing money, or falling behind in some way,” said Kay. “You want to secure your data as best you can to make sure that you don’t fall victim to any of these scams, but if it does happen, you can recover and minimize any downtime. At the end of the day, you’re running a business, and you want your business to always stay running.”
Interlinked helps companies avoid these scenarios by offering cybersecurity assessments, cybersecurity awareness training for employees, and more. Kay said his company begins work with a client by running a cybersecurity assessment to “give a baseline understanding of where they’re at.”
“So we try to build an assessment and a general understanding of what’s going on for the company, to help identify where the threats, or where the biggest gaps in defense, may be,” Kay said. “Then we help come up with a plan to resolve those.”
To maintain that security moving forward, Interlinked builds a “layered cybersecurity approach” to protect the company’s data on several levels.
“It’s not as easy as just slapping an antivirus on a computer, there’s a lot more to it that needs to happen,” said Kay. “There’s simulated phishing attacks that we do. With our clients, we’ll actually set up a fake phishing email attack with them, so that it will gauge how well their response is to it. Then we can review those results with the business owners, and help to train the company as a whole.”
Despite all these measures, Kay stressed that “no matter what you do, there’s no magic bullet to stop all hackers.”
“With the progression that has really occurred with hacking over the years, it’s really just not a matter of if, but when you’re going to get hacked,” Kay said. “And if you are going to get hacked, then are you ready enough to come back from it, and do you have a proper response plan in place and IT plans in place for how to recover from that attack?”
Kay described Interlinked as “a managed services company,” and said it is important for businesses today to have an IT service available.
“If you don’t have it, you don’t really have a plan,” Kay said. “If you don’t have a third party helping you to manage your IT and cybersecurity, you’re really at a huge disadvantage.”
And Kay, a native of Hudson Falls, also said the opportunity to assist local businesses with their data and security is “one of the things I love the most about being back here.”
“I really enjoy watching small businesses do better, and be more successful,” said Kay. “A big part of what we do is helping them line up their technology so they can be more successful, and they can have that peace of mind of knowing that they have the support behind them to help keep them secure or to keep their business running when they need it.
“I’m looking forward, as we continue to grow, as we build our footprint in the area even more, to see how that continues.”
LAKE GEORGE — The Adirondack Regional Chamber of Commerce held its 2022 Business Awards ceremony at Dunham’s Bay Resort on Thursday, celebrating and honoring businesses that serve, assist, and connect with the local community.
“It is my honor to be here today to honor 36 businesses that were nominated,” said Tricia Rogers, President and CEO of the Adirondack Regional Chamber of Commerce. “One of the great things about this is that we are all here, we’re businesses celebrating businesses. Celebrating our colleagues, celebrating our community. That’s such a great feeling.”
Awards were handed out for seven different categories: Large Business, Steven M. Sutton Small Business, Large Nonprofit Business, Small Nonprofit Business, Professional Business, Rookie Business, and Community Champion.
Rogers explained to the large crowd in attendance that the ARCC utilizes a council of people to conduct interviews with nominated businesses in order to select award winners.
The Large Business Award went to Stored Technology Solutions, Inc., an IT provider with locations in Albany, Queensbury, Plattsburgh, Raleigh, North Carolina, and the Philippines.
“(StoredTech) achieved one of the Times Union’s top places to work in 2022, and enjoy little staff turnover and employee staying power,” Rogers told the crowd. “StoredTech is known for its excellent 24-7 customer service and commitment to providing quality IT. They also donate over $150,000 annually to nonprofits.”
Other nominees for the Large Business Award were Amsure, GTM Payroll Services, and Romeo Toyota.
The Steven M. Sutton Small Business Award was named after the former co-owner of Sutton’s Marketplace, who Rogers described as, “a beloved community member and small business owner.”
The award in his honor was presented to KIRSH Helmets.
“KIRSH is the only USA-based provider of half-shell motor vehicle helmets. After years of research and development, Lake George native Jason Kirshon came up with a perfect helmet that combines style, safety, comfort, and improved performance,” Rogers said, noting that 90% of KIRSH employees are veterans.
Other nominees were CDL Associates Insurance Agency, Mr. Electric of Queensbury, Outcast Athletics, Queensbury Cigar & Pipe, and Slickfin Brewing Company.
Kirshon accepted the award, and told the crowd about hopes to expand past just motorcycle helmets.
“We’re changing head protection in motorcycle helmets, but we aspire to do it in all categories,” said Kirshon. “Thank you very much for this honor.”
The award for large nonprofit business was received by Community, Work & Independence, Inc. Other nominees were Crandall Public Library and L.E.A.P.
“CWI was founded in 1963, serving six community members and has grown to serve over 1,000 individuals each month in 19 locations and three counties. Their very passionate staff of over 300 employees are dedicated to enriching lives, one person at a time, through their independent and assisted-living facilities,” said Rogers. “Over the years, CWI has transformed the lives of numerous individuals with disabilities and other barriers.”
CWI Vice President and Chief Operating Officer April Boucher said the company is “humbled” to receive the award, and made note of contributions from the entire CWI team.
“Really, from our direct support professionals who deliver the services, to our management team, without their dedication, commitment, and perseverance the last two years, we would not be able to be making the differences that we’re making in people’s lives,” Boucher said. “That’s really the most important part.”
The Small Nonprofit Business Award went to Big Brothers Big Sisters of the Southern Adirondacks, with CEO Bill Moon accepting the award. Rogers said the organization is currently serving 150 children, and has another 150 children on a waitlist.
Moon thanked employees Marie Busse, Megan Farrell, and Alex McCane, saying, “They are truly the ones that make everything happen.”
“We come to them with big ideas. … They always take those ideas, add their own twist to them, and they come back to me better than we would’ve ever imagined. They are the ones doing that work,” said Moon, who also gave thanks to the crowd for investing in the local community. “Our kids deserve the best in us so they can become better than us, and they’re fortunate to live in this community with so many people like you who care about them and want to see them succeed. Thank you very much, we appreciate it.”
Other nominees for the Small Nonprofit Business Award were Community Coalition for Family Wellness, HicksStrong, Inc., Lake George Land Conservancy, The Hyde Collection, High Peaks Hospice, The Conkling Center, Habitat for Humanity of Northern Saratoga, Warren, and Washington Counties, and World Awareness Children’s Museum.
The Professional Business Award was given to Mannix Marketing, which has specialized in web design, SEO, and more since 1996. Rogers referred to the company as a “pioneer” in digital marketing, and credited their growth over the years.
“I couldn’t do this without my husband (Mark), who has my back at all times,” said founder Sara Mannix. “Such a great team, and we’re just so lucky to be in this community and be supported by all of you. Thank you very much.”
Other nominees for the Professional Business Award were Bartlett, Pontiff, Stewart, and Rhodes, P.C., CMJ LLP, MLB Construction Services, and LayerEight.
The ARCC awarded The Eden Center for Integrative Care with the Rookie Business Award, with Rogers highlighting their “unique” offerings including a hyperbaric chamber.
“The Eden Center is a private psychiatric practice that focuses on the root cause of mental health conditions,” Rogers said. “Each client is viewed as a unique individual, and therefore receives unique treatment. Their staff has grown from six to 26 employees in just one year.”
Daniel Breeyear of the Eden Center highlighted this growth, noting that it speaks to the needs of the community.
“That growth will continue, we’re going to launch a nonprofit into next year to help cover some of the services that insurance doesn’t cover,” Breeyear said. “My intention has been always to add providers to meet need when the need continues to grow, so that will be our goal going into next year.”
Adirondack Axe, The Candy Space, Legacy Nine Realty, and Sleep and Spas Lake George were also nominated for the Rookie Business Award.
The final award, the Community Champion Award, was presented to Amie and Juan Gonzales of Hunt Companies, Inc. Other nominees were James Griffith of Aviation Mall, Vincent Laurenzo of Quick Response Restoration, and Wendy Waldron of Entrepreneurial Operating System.
“Amie and Juan live and breathe the mindset of, ‘Communities thrive when we invest in each other,'” said Rogers. “They run a family business with a corporate operation, and are focused on investing in our community and future generations.”
“I’m glad we put this last, because really, this entire room is filled with community champions,” Amie Gonzales told the audience. “I will leave you with this: our businesses and our communities both thrive when we invest in each other.
“So keep that in mind, keep doing it, and thank you so much for this and to everybody else for all you do for our community.”
GLENS FALLS — The Adirondack Regional Chamber of Commerce hosted a ribbon-cutting Tuesday to celebrate the opening of State Farm agent Paula Traina’s second office in downtown Glens Falls.
Traina’s other location is in Queensbury. She said the new office will help expand services and cater to “a slightly different demographic.”
“It’s amazing,” Traina said of the attendance at Tuesday’s ceremony. “We have a super supportive business community.”
She also noted that she is excited to be a part of Glens Falls’ downtown area, with the office located at 80 Warren St.
“I love that if I want a break, I can go have a cup of coffee,” said Traina. “Sometimes I meet with customers and people there. It’s really nice to be part of the downtown area.”
MALTA — Jim Dawsey, President of MLB Construction Services, says that every building project has to “start with a strong foundation.”
And the strong foundation established at MLB has helped the company reach 75 years of business, which was celebrated with a ribbon-cutting ceremony on Tuesday.
There was a large crowd on hand to celebrate the achievement, and Dawsey made note of three local business chambers in attendance: The Capital Region Chamber of Commerce, the Saratoga County Chamber of Commerce, and the Adirondack Regional Chamber of Commerce.
“We do a lot of work in all those different areas, but I mean, for that to be recognized by all these groups, it’s just a great feeling,” said Dawsey.
Speakers at the event included Malta Town Supervisor Mark Hammond and New York State Senator Jim Tedisco, who mentioned that MLB built the Memorial Field House at Union College in Schenectady, where Tedisco played basketball as a member of the Dutchmen men’s team.
“It’s been a tough year, two years, three years, with this pandemic,” said Tedisco. “To think you’ve grown and expanded and are doing projects, and it’s been 75 years, is an unbelievable achievement.”
Tedisco presented MLB with a 2022 New York State Senate Empire Award, in recognition of “outstanding contributions, and dedication to the growth, prosperity, and betterment of their community,” Tedisco said.
Dawsey said the foundation laid by the company’s three founders, Fred Longe, John McManus, and Don Brockwehl, helped guide him in his role as President of MLB.
“I was lucky enough to work with all three of those guys,” Dawsey said. “They just taught me the right way to do business, especially in the construction field. You have to have respect, honesty, and transparency when you’re dealing with people.”
Dawsey highlighted the 1863 Club at the Saratoga Race Course and the science center at Skidmore College as recent MLB projects that stand out, and also mentioned a 1980s project with a hydroelectric plant at the Ashokan Reservoir in Ulster County.
“There’s like 12-foot diameter pipes that come out of the dam and go down to the city. We put a hydroelectric plant in front of those pipes going down to the city, so that we could generate power at the same time,” Dawsey said. “They used to have a fountain on that site, we put the fountain back so that the people could still enjoy everything that they remembered from growing up at that point. I think that was one of the most fulfilling jobs that I did.”
Dawsey, a Schenectady native, said he feels that the local area is “really alive,” noting the transformation that he’s seen through the years.
“This whole area in general is just coming back, it’s really alive,” said Dawsey. “There’s a lot of young people that are now staying here in this area, and some people actually moving to the area, whether it’s for Global Foundries or for whatever reason. I think it’s a real growth area now within the state.”
And with 75 years of experience already under their belts, MLB will hope to continue to build and grow for the next 75 years.
Paul Smith spent roughly 35 years in the construction industry, building homes. Now, he’s found a new career selling them.
Smith began working with Keller Williams Capital District roughly four months ago, beginning a new venture as a real estate agent.
“I have done every facet of building homes, from start to finish to out the door,” said Smith. “Up until February, when I had to have major neck surgery and have my neck replaced, which I never would have thought possible. But hey, here we are.”
Smith said he was told by his doctor that he would not be able to continue construction. He said a friend recommended he try real estate, and the idea took off from there.
“I had to really step back and think, what could I do that I’m going to give the most back to the community?” Smith said during an appearance with Mike Nelson of Glens Falls Today’s ‘Chatting With’ series. “I had a buddy of mine that’s in real estate say, ‘Why don’t you get into real estate?”
He said he pondered the idea for a couple of weeks, and decided to jump into the world of realty.
“I got thinking about it, did some reading on it, and said, ‘Let’s go after it,’” Smith said. “I signed up for the course, a 70-hour course I did in nine days.”
Smith noted that his background in building homes has provided “a lot of knowledge” that carries over into real estate.
“It’s very helpful to my clients, because when we look at a home, I can kind of go through with them, and I can visualize what they want to see,” Smith said. “That’s what I did for basically 28 years when I owned Hourglass Tile. I made people’s visuals come true. So now it’s the same thing in the home.”
Smith said that he tries to cater to his clients’ needs, asking them exactly what they are looking for in a home.
“I’m going to approach things differently than everybody else,” said Smith. “I have a different adage and a different attitude in how you’ve got to go about selling a home. I don’t want to just stuff it down somebody’s throat. I want the home that they get to be the exact one they want.”
Outside of work, Smith has a “drive for competition,” saying he has completed four Ironman triathlons and seven half-Ironmans.
“I drive for the harder something is,” Smith said. “That’s why I’m going to be good at real estate. I’ve got that drive that just wants to move forward. I don’t care what’s in front of me, I’ll conquer it.”
He said that these triathlons show the tenacity of a person, and noted that qualities like this carry over into his real estate work.
“The customers that know that you’ve got that drive know that you’re never, ever going to give up on them,” said Smith. “They’re going to know you’ve got their back. If you can do that, you can do anything.”
Smith also spent time discussing the current state of the real estate market, saying “it’s going to be a slow trend” upward.
“I think by next summer we’re going to see it be more of a buyer’s market,” Smith said. “I think we’ll see more inventory, and what we need to see is everything leveling off, coming back to baseline. … It’s still a good market, and we’re seeing a little more inventory coming on. Not as much as I’d like to see, but it’s slowly growing.”
Smith mentioned the merits of buying versus renting, saying, “I always tell somebody, marry the house, date the rate.”
“You own the home, but you can always refinance down the road. If you buy it now and it’s high, you can always change that rate,” said Smith. “But if you can get into the home that you want to be in, if you plan on being there 10 years, you’re smart to do it.”
Smith’s focus is on Warren, Washington, and Saratoga Counties, but he said that he “will work with anybody.”
“That’s what I’ve done for 28 years, I’ve worked with all facets of customers,” said Smith. “Every house has its value, and I’m there to show that customer what in that house that they’re looking at is the value.”
QUEENSBURY — Queensbury Wine & Spirits hosted a ribbon-cutting ceremony on Friday, with owner Brian Miller saying he is “very excited to be a part of Queensbury.”
“It’s very exciting to see the support we’re getting,” said Miller. “It’s very exciting to see what a great community we’re now becoming a part of. We’re really trying to become a resource for this side of town, and become neighbors.”
The store has expanded its wine selection, Miller said, emphasizing the wide variety of wine “from all over the world.”
“We’ve got a lot of Portuguese wines, Spanish wines, South African wines,” said Miller. “Spirits, tequila and bourbon are super, super hot right now. I expanded the previous owner’s bourbon collection and whiskey collection. Bourbon’s kind of my forte, so my job here is to be curating a nice bourbon, tequila, and wine collection that provides to this side of town.”
Miller, who mentioned he is affiliated with several bars in Saratoga, said the new Queensbury store is “the long-term plan.”
“A buddy of mine owns (the bars), I do all his marketing and all that stuff for him,” said Miller, who also said he was selling campers by day. “I would go from camper mode, to bar mode, to family mode. I needed something to give myself more time with my family. I decided to do a liquor store because they all kind of go together. It’s great.”
He emphasized his excitement to be in Queensbury, noting that, “this side of town is always growing.”
“This side of town has more room to grow,” Miller said. “I know the school district is phenomenal up here. I know the businesses and stuff that are here all do well. It’s just a good ecosystem to make my way into.”
The store initially opened in early September, taking care of the “soft stuff” prior to the ribbon cutting on Friday. Miller said it was important to make a strong first impression.
“You get one chance to make a first impression, so we wanted to make sure when our grand opening was ready to go, we were ready to go too,” Miller said.
Miller said he hopes to expand the store and its services in the future, aiming to offer delivery and curbside pickup as well as launching an app and website.
“So far, Queensbury has been everything that I hoped it’d be,” said Miller. “I don’t see why I wouldn’t do more up here if I could.”
I know, it’s dry like an overcooked steak. I get it.
But it’s also important, and in my world it can be critical.
Today we’re not talking general insurance, however, we’re talking SUM insurance.
Many of you have probably never heard this term before; and that’s generally good – it means you’ve never had to use it.
SUM stands for Supplementary Uninsured Motorist, and SUM insurance is a part of your auto insurance policy. SUM encompasses both UM (uninsured motorist) and UIM (underinsured motorist), and is meant to step in if you are severely hurt in a car accident, but the other driver either has no insurance or (more likely) does not have adequate insurance coverage to protect/compensate you.
Here’s a fun fact: Everyone in New York has some minimum level of SUM coverage, which means the good news is that you already have some. The bad news is that the bare bones limits are $25,000 per policy, which is woefully inadequate.
Let’s look at a common scenario in our practice: Person 1 – we’ll call her Jane – is driving down the street and is t-boned by Person 2 – we’ll call him John – at an intersection. Jane breaks her leg in two places, and in addition to requiring a substantial surgery, has a long recovery and is out of work for six months. Jane owns a successful chiropractic business, and while she is able to get coverage during her absence, it costs her a substantial amount of money.
Jane comes to us for help, and one of the first things we do is investigate how much insurance John has to adequately compensate Jane for her physical and economic losses. Unfortunately, we learn early on that John has a minimum insurance policy, and only maintains $25,000 worth of liability coverage. This is inadequate, but it is also relatively common.
From here, one of two scenarios will occur.
In scenario #1, Jane has the New York State minimum SUM coverage of $25,000. Because that amount is the same as the other driver’s insurance, Jane cannot make a claim and she is capped at recovering $25,000 from the other driver’s insurance company. In most instances this constitutes the entirety of Jane’s recovery, which does not even come close to making her whole.
In scenario #2, Jane has thought about SUM coverage, and has increased the coverage on her policy to $500,000. Now, once she has exhausted John’s coverage of $25,000, she can look to her own insurance carrier under the SUM portion of the policy. Jane can now obtain something close to a complete financial recovery for her injuries and losses as a result of the accident.
The kicker here – SUM coverage is relatively cheap. Adding substantial coverage to a policy will cost, maybe, a few hundred dollars per year.
Our world deals with loss, assessment of fault, and risk management. Increasing SUM coverage is something that anyone who owns a car can do, and it can make a signifncant difference if you find yourself severely injured in an automobile accident.
This is something that I talk about quite a bit, for good reason. This year alone I have had several clients come to me following a very severe accident, only to find out that the other driver has minimal coverage and, critically, that the client has minimal SUM coverage as well. It can be a very difficult conversation in cases involving severely injured individuals.
The takeaway for this week: talk with your insurance agent or go online and look at your policy. Increase your SUM limits as much as you are able. Like any insurance, hopefully you’ll never need it, but if you do you’ll be glad you have it.
Coming next time: the other side of the coin – do you have enough coverage?
If you have questions about SUM coverage or injuries after an accident, give us a call. We’re always happy to chat.
Disclaimer: This column is meant for informational purposes only and does not constitute legal advice or the basis for an attorney-client relationship, which may only be achieved following consultation and execution of a formal engagement agreement.