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New York Employment Discrimination Questions & Answers
2 Answers | Asked in Immigration Law, Employment Law, Civil Rights and Employment Discrimination for New York on
Q: My job asked me to share my college transcripts & diplomas to submit to U.S. immigration to help a new hire get a visa.

I work in NYC, at will, salaried. My employer requested that I share my diploma and transcripts so that they can share them with immigration officials to help a new hire get a work visa. My employer did not indicate that the request was optional. Can they legally request that? Can they share my... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jul 26, 2021

The USCIS has gotten extremely obnoxious to employers for H1-b visa applications. The unrighteous restrictions placed upon lawful non-immigrant/immigrant employment visa applicants smothers the U.S. economy due to bigotry and ignorance. They used to allow 200,000 H1b visas in the 1990s, but it... Read more »

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1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: If a person applies for a job and they are called for an phone interview for that company and Human Resources advises

that they interested in you and you follow all protocol by staying in touch etc. Then they decide to tell you the position has been filled and then you find out they reposted the job. Is there any bias here because they show interest in you and they tell you they filled the position and now it is... Read more »

V. Jonas Urba
V. Jonas Urba answered on Jun 22, 2021

Why not apply for the reposted position?

Many say that it is a very tight job market. An employee's choice. The candidate they selected may have accepted a better offer or failed to show for their first day of work. Human Resources thought the position was filled and here they are. Or...
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1 Answer | Asked in Employment Discrimination, Employment Law and Gov & Administrative Law for New York on
Q: My company laid me off, lack of work.

My boss gave me a company bonus check for project commissions in my duration. Do I have to report this to Unemployment NY? The check was issued from a payroll account of the company. this isn’t severance it is a bonus owed to me from last years project completion commission percentage. They did... Read more »

Carrie Dyer
Carrie Dyer answered on Apr 21, 2021

Yes, you should still report it as income received to unemployment for the week that you received the bonus check.

1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: Can you be denied promotion for being "unrated" on evaluation because of medical condition which didn't effect work

Limited duty medical assignment cost me promotion even though all my assigned tasks were completed without being effected by medical condition. Work For NYC Sanitation. Passed over for promotion due to being on limited duty assignment (no driving) even though my assigned position doesn't... Read more »

Derek John Soltis
Derek John Soltis answered on Apr 13, 2021

You really should speak with an employment attorney. It sounds like you may have a claim.

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... Read 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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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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1 Answer | Asked in Employment Law and Employment Discrimination for New York on
Q: can i request salary information of my peers at a private university in new york? what are the pay transparency laws?

have salary inequity concerns at a private university in NY. i would like to request information on my peer's salary to assure indeed i am paid equitably. what are the wage transparency laws? can i legally request this information from my employer? my employer is a federal contractor

V. Jonas Urba
V. Jonas Urba answered on Jan 26, 2021

Under New York State Laws only civil service employees have access to their own and colleagues' personnel files. Private organizations don't even have to provide access to employees' own personnel files under New York Labor Laws.

You ask a very timely and valid question. We...
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1 Answer | Asked in Employment Discrimination for New York on
Q: Do I have a right to file suit against my employer if he continually lies to me about overtime?

He told me that he had to watch the budget, then gave 1 person 82 hours and another 84.

V. Jonas Urba
V. Jonas Urba answered on Jan 19, 2021

Is your employer motivated by an improper purpose to give others overtime which you are denied? For example, race, religion, color, gender, etc... are factors used by your employer when he decides who gets overtime? He cannot deny you overtime because you are a woman (just guessing) but he could... Read more »

1 Answer | Asked in Employment Discrimination for New York on
Q: What is the law that applies to sue for Libel and Slander in a Federal Court in New York?
Tim Akpinar
Tim Akpinar answered on Dec 23, 2020

There is a section here on this site for that area of law. You are talking about defamation laws. Below the main categories, you'll see linked text, "Show More Categories." You'll see "Libel & Slander" near the top of the third column of categories. There's no... Read more »

1 Answer | Asked in Civil Rights, Employment Discrimination and Gov & Administrative Law for New York on
Q: Maximum lawyer fees for federal (government agency) discrimination ( title V) cases?

Is there a maximum amount or percentage a lawyer can charge for title V cases against a government agency settled at the EEOC level? I was told by a friend who practices family law out of State that the fees they can charge are capped similar to what disability lawyers can charge. Another piece of... Read more »

V. Jonas Urba
V. Jonas Urba answered on Dec 16, 2020

Apparently, you may be situated in a state outside of New York. I limit my active practice to New York State. Each state enacts laws regarding ethical behavior and conduct of lawyers. Many adopt the model rules but there are exceptions.

In New York State lawyers fees are determined by the...
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1 Answer | Asked in Employment Discrimination for New York on
Q: I was terminated from my job dued to my mental illness what should I do
Derek John Soltis
Derek John Soltis answered on Nov 10, 2020

I am sorry to hear about termination. You may want to contact an employment lawyer to go over your options.

You may qualify for unemployment. If you have a mental illness, there are other programs that can help.

1 Answer | Asked in Cannabis & Marijuana Law and Employment Discrimination for New York on
Q: offered a job at a big box retailer. They were aware of medical marjuana use. Now offer taken back from employer.

Medical marihuana use was divulged during interview, they still offered a position. Now they say - will not hire you unless a drug test can be passed.

V. Jonas Urba
V. Jonas Urba answered on Oct 30, 2020

Medical marijuana and recreational marijuana are different. I can not vouch for the legitimacy or accuracy of the below link but it sounds basically correct:

https://www.cannamd.com/whats-the-difference-between-medical-recreational-marijuana/

If you do not undergo the testing then...
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1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: Hi, I have a no compete w/ a severance clause included. How hard/costly would be to get this voided so I can work ?

The parent company recently bought a similar company to the one I work for now and they are taking over all areas and top mgmt is being filled with their people. Many people are being fired. No communication is being shared as to how the team is being selected. It is supposed to be a merger but a... Read more »

V. Jonas Urba
V. Jonas Urba answered on Oct 30, 2020

Your question deals with employee choice doctrine. If you accept money then you are bound by the non-compete terms no matter how severe or possibly illegal.

If you choose not to accept the severance pay and are being fired through no fault of your own then the non-compete itself might be...
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1 Answer | Asked in Contracts, Employment Discrimination and Employment Law for New York on
Q: Do I have legal standing to sue my SUNY school if I contract coronavirus while working as an RA?

https://www.allotsego.com/suny-oneonta-ras-threaten-strike/

I have not received test results and I have been working in biohazardous conditions that were not outlined in my contract. I also cannot return home yet since my father is battling a 9/11 related cancer and is extremely... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 12, 2020

An employment attorney should advise on your matter, but you await a response for a week. In addition to reaching out to an employment law attorney, you could also consider consulting with a workers' comp attorney to learn about whether the nature of your job duties might possibly be relevant... Read more »

2 Answers | Asked in Employment Discrimination, Employment Law and Banking for New York on
Q: Can an employer threaten to fire you for using a phone during work hours?

My supervisor said he was sent an email stating my employer wanted to fire me for using a phone during work hours, which I have done previously for over a year. I and another employee, both women of color, were told we were acting suspicious and how they were afraid we were planning a robbery at... Read more »

V. Jonas Urba
V. Jonas Urba answered on Aug 22, 2020

Maybe? Are you working in a hostile workplace? What evidence is there that black and/or Hispanic or other minority employees are being targeted? Have similar threats been made against other employees who may not be protected? Have you suffered an adverse employment action?

One threat may...
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1 Answer | Asked in Employment Law and Employment Discrimination for New York on
Q: Can you be denied employment due to positive TB test?

Previously had been diagnosed and treated for LTBI (Latent TB infection) and informed HR/Manager of my previous history as a negative TB test is required for employment. Due to LTBI I will never have a negative test. Now the employer is revoking the job offer.

V. Jonas Urba
V. Jonas Urba answered on Aug 21, 2020

Call 518-474-7000 the New York State Deprtment of Health. It oversees TB testing and treatment regimens. If you work in one of the many industries where it is necessary to prove that you are not infectious you may have to show a particular treatment regimen. Once you comply with whatever New York... Read more »

1 Answer | Asked in Employment Discrimination for New York on
Q: Can an employer turn me down for a position after I complained about the program's wrongdoings?

I put a complaint in with the Human Resource department about the wrongs that were going on in my program and the injustice that was going on. I applied to several positions withing my company to which I've gotten denied to all. I applied for a directors position and the position was given to... Read more »

V. Jonas Urba
V. Jonas Urba answered on Aug 19, 2020

It may be challenging for any lawyer to provide you with sufficient suggestions based on the facts you mentioned.

If you work within a government or quasi government organization different considerations come into play.

You mention wrongs and injustice. We have to examine whether...
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1 Answer | Asked in Employment Law and Employment Discrimination for New York on
Q: Laid off due to COVID & now the company is rehiring.

Hello! I was furloughed from my employer in March. There was no communication during this process or news from my director. Eventually they have brought almost all employees back & I was told they don’t have much info on when I will be allowed back. A week later I was sent an automated email... Read more »

V. Jonas Urba
V. Jonas Urba answered on Aug 4, 2020

Many feel your frustration. Not to make excuses but employers are dealing with a new set of circumstances every day. Some are closing for good.

I assume that you received unemployment benefits. Those require you to look for work. Also every employment discrimination complaint requires...
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1 Answer | Asked in Employment Discrimination for New York on
Q: I’m PerDiem employee. I emailed my boss saying I can no longer work Sundays. I’m Christian. She said no. She can do this

Can I say for religious reasons ? Church is very important to me. It wasn’t a problem before. I didn’t work Sundays in the beginning - I only worked Sundays now because of Covid. Church was closed. But now it’s going to open.

John Robert Skrabanek
John Robert Skrabanek answered on Jul 27, 2020

Your employer is within its rights to not exempt you from having to work on Sundays so long as the employer does not provide preferential treatment to other co-workers of different faiths. If, for example, the employer gives other non-Christian employees one day off each week for their own... Read more »

2 Answers | Asked in Employment Discrimination and Employment Law for New York on
Q: can an employer hold my check if i broke something on accident in the store and not tell me until 2 weeks later?

I work at dominoes as a delivery driver. So i guess i might've broke the glass door by exiting by using my foot to push the door open causing it to crack. Anyways whether I actually broke it or not I don't know, say i did break the door, no one actually saw me do it. My boss just says... Read more »

Derek John Soltis
Derek John Soltis answered on Jul 20, 2020

New York doesn't allow an employer to deduct pay for losses related to breakage or even cash shortages. Withholding your paycheck is a big no-no.

Look up this document:

https://labor.ny.gov/formsdocs/wp/cr195.pdf

Section 195-2.1

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