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Questions Answered by Karen M. Hertz
2 Answers | Asked in Employment Law and Employment Discrimination for New York on
Q: I think I’m about to be discriminated against because of my age. What can I do?

I am 50 and I just got my EMT certification (NYS) I had an interview yesterday. They asked if I ever had any moving violations and I said never. He then asked when I started driving and I said when I was 16. That should’ve been the end of his questions but then he went on to ask me how long... View More

Karen M. Hertz
Karen M. Hertz
answered on Mar 10, 2021

You may or may not have a claim. It is illegal to hire, fire, or base any term or condition of employment on age.

Being able to prove it is another thing. See what happens and if you do not get the position, it would be best to contact an employment attorney with experience in...
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1 Answer | Asked in Employment Law for New York on
Q: Can you legally get fired in NYS for flipping someone off. That person being a friend/coworker.

I work at Amazon and drive a Yard horse. Smart drive saw me flip someone off and emailed the boss.

Karen M. Hertz
Karen M. Hertz
answered on Mar 8, 2021

New York State is not a right to work state, it is an employment at will state.

Your employer can terminate your employment at any time for any reason,

so long as it is not discriminatory, in violation of Title VII.

If you are a member of a labor union, perhaps your union...
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2 Answers | Asked in Employment Law for New York on
Q: Looking for help in differentiating between independent contractors and employees.

Hello -- I am a startup founder in NYC looking for an employment lawyer who can answer a few clarification questions about our hiring. We are an app-based cleaning company hiring independent contractors as cleaners that will be matched to customers on our platform. The contractors choose their own... View More

Karen M. Hertz
Karen M. Hertz
answered on Mar 3, 2021

Employees are paid a regular wage, receive employee benefits, have taxes withheld from those wages, and they have their work time, location and schedule dictated by the employer.

Independent contractors are paid for projects and pay their own taxes. They work when and where they want. For...
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2 Answers | Asked in Employment Law, Civil Rights and Libel & Slander for Connecticut on
Q: Do I have any legal standing with both the city official and my job?

I was just insulted and belittled by a city official regarding a building I manage. The city official used profanity and said no one here even speaks inglish and continued to yell and when I asked for his name he got 3inches from my face and was yelling at me with over a dozen workers present that... View More

Karen M. Hertz
Karen M. Hertz
answered on Mar 5, 2021

A little more information is needed to fully understand what happened. Did you file a police report?

This conduct could be considered harassment, bullying and possibly assault. However, it is unclear what

happened? Did this occur while you were on the job?

Please note that...
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2 Answers | Asked in Employment Discrimination and Employment Law for New York on
Q: If I filed an 2 eeo complaints against my employer in the past, they denied my entry in a program, is this retaliation?

The program is for promotional growth and advance. Higher pay and higher position. I was accepted and then taken out of the program. I have not received any disciplinary charges still and that's why they saying I was removed from the promotional opportunity.

Karen M. Hertz
Karen M. Hertz
answered on Mar 5, 2021

It is possible that this could be classified as whistleblower retaliation.

An attorney experienced in this area can help you.

Please note that this answer is not intended to provide legal

advise, merely to provide an opinion.

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