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New York Employment Law Questions & Answers
1 Answer | Asked in Employment Law for New York on
Q: Minor working grill position at chipotle?

im a minor in New York State. I currently work at chipotle Mexican grill. My general manager wants to put me as grill and cook permission, I need to use a knife and operate the grill. Both my parents and I have given them permission to let me. Is it legal if I do grill position

V. Jonas Urba
V. Jonas Urba answered on Jul 13, 2021

Please see a link for New York's Department of Labor handbook on the employment of minors in New York State. You'll see a distinction for minors under the age of 16 and then continuing restrictions for those between 16 and 18. Check out pages 10 to 12 I believe.... Read more »

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...
Read more »

1 Answer | Asked in Employment Law and Intellectual Property for New York on
Q: I prepared many policies and procedures for my employer. Do I have any legal ownership of the documents I created

Documents including operating templates created by myself all on my personal laptop not issued through the business. All budgets and analysis's have been created on my laptop. Are any of these documents legally my property considering I created it all from scratch on my laptop.

Omar Darwich
Omar Darwich answered on Jun 20, 2021

It's most likely going to depend on the nature of your employment contract with your employer.

Your best best is to consult with an attorney and have them do a review of your employment contract.

1 Answer | Asked in Employment Law for New York on
Q: I had a virtual job interview but there were a lot of tech troubles. It wasn't my fault. Can I ask to do it again?
Tim Akpinar
Tim Akpinar answered on Jun 11, 2021

There are employment law attorneys here who are most knowledgeable in this area, but your question remains open for a week, and you might be losing valuable time or a good opportunity. From a practical standpoint, ask. You have nothing to lose, and it could be preferable to the prospective employer... Read more »

1 Answer | Asked in Employment Law for New York on
Q: I am an exempt salaried employee in NY and have a question about timecards and hours

My company handbook states only non exempt employees have to fill out a time card. The company has now been making exempt employees do so as well, though no revisions have been made to the handbook. They expect us to punch in, lunches, and out for the day. They have also introduced an "early... Read more »

V. Jonas Urba
V. Jonas Urba answered on May 31, 2021

Company handbooks are almost never contracts. I don't recall one which was enforced as a contract. They usually state so in the printed document itself. Handbooks are usually subject to change with or without notice as long as the employer applies the changes to everyone.

More...
Read more »

1 Answer | Asked in Employment Law for New York on
Q: If I voluntarily quit my job, can they say I was terminated?

I just quit my job and they sent me a termination letter. The reason on the letter was “dissatisfied with job.”

Jordan Alexander El-Hag
Jordan Alexander El-Hag answered on May 24, 2021

Termination of employment can be broken down into voluntary and involuntary. So your employer can put voluntary termination. This will come into play when filing for unemployment.

1 Answer | Asked in Employment Law for New York on
Q: Is it legal for an employer to keep tips?
Brian Greben
Brian Greben answered on May 10, 2021

Usually not.

1 Answer | Asked in Employment Law for New York on
Q: Who should I sue ?

I am a nurse, hired by a company to work in a hospital.

I was fired for no valuable reason. Should I sue the company or the hospital ? Thank you.

Carrie Dyer
Carrie Dyer answered on May 5, 2021

Additional information is needed to answer this question. If you were hired, terminated, and paid by Company, and placed to work in Hospital, then generally, your "employer" would be Company, not Hospital. However, there are circumstances in which a "joint employer"... Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for New York on
Q: if on STD and HR calls and says someone one saw you at the hotel you stay at while working is that legal? I had a stroke

Called once to see how I was than immediately called back stating someone saw me and explain

Tim Akpinar
Tim Akpinar answered on Apr 27, 2021

It could depend on the timeline and the severity. And those are things that a physician, not an attorney, is qualified to speak about meaningfully. The fact that you were at a hotel, in and of itself, is not evidence of the absence of a disability. Your post remains open for two weeks. Consider... Read more »

1 Answer | Asked in Employment Law for New York on
Q: Please see "more information" for full question regarding State vs. Federal Labor Law, and which is binding.

I work for a Fortune 125 Corporation in Upstate New York and they've always done random, suspicionless drug testing. They fire folks based on a positive test for THC. It's a supplemental insurance company, and I just work in policy service.

I noticed lately that NY labor law... Read more »

V. Jonas Urba
V. Jonas Urba answered on Apr 27, 2021

Have you considered "Harmless Error Doctrine"? You could win the battle but lose the war.

Let me explain. You challenge your termination because marijuana use is legal, they tested you with a positive result, and you were fired in my hypothetical scenario. Technically, you might...
Read more »

2 Answers | Asked in Contracts, Employment Law and Health Care Law for New York on
Q: NYC Labor Law Question for Medical Practice

NYC Labor Law Question for Medical Practice: (1) If we find proof that a doctor employed by our practice is also working for another practice during their employment contract with us, and during our practice office hours, thus violating the non-compete agreement, are we entitled to collect any... Read more »

Michael David Siegel
Michael David Siegel answered on Apr 21, 2021

Your rights will be governed by the employment contract as to the non-compete and time off. You cannot offset your claims against earned salary, or you will subject yourself to labor violations. You need a court case to determine your rights.

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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.

1 Answer | Asked in Employment Law for New York on
Q: Took a paid leave for an orthopedic procedure, can I quite while on said leave without consequence?

Underwent knee surgery and have been off from work on a paid short-term disability. I received a job offer while on this leave, do I face any repercussions for giving my two weeks after not having worked in several months?

V. Jonas Urba
V. Jonas Urba answered on Apr 7, 2021

Are you "at will" which means that an employer may ask you to leave with or without any reason and you may choose to do so at your will?

By repercussions you are not referring to things like not telling your employer or its insurer all of the facts surrounding your need to be gone...
Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for New York on
Q: I was hurt at wrk a while ago had a comp case w a crappy lawyer.. my x employer forced me to wrk injured for 3 month

Then they told comp.. the Ime did doctor hurt me and my lawyer at the time did nothing to help me

Tim Akpinar
Tim Akpinar answered on Apr 2, 2021

One option is to repost under Workers' Compensation here. There's no guarantee that all posts are picked up, but a workers' comp attorney probably wouldn't be able offer very much guidance based on these brief facts. Another option is to reach out to workers' comp attorneys... Read more »

1 Answer | Asked in Employment Law for New York on
Q: If suing an employer, should the suit be filed in the state where I work or headquarters of employer?
Brian Greben
Brian Greben answered on Apr 2, 2021

Every case is unique, but these actions are usually commenced in the State where the employee works.

1 Answer | Asked in Employment Law for New York on
Q: IF 50% of my compensation is from salary as an outside sales rep employee do i qualify for overtime ?

Hello , i work for a company for 8 months , they pay a base salary of 400$ a week plus commission, i started working on july 2020 , i made less that 2000$ in commission for the whole year of 2020 , i worked 100 hours a week on regular basis , am i entitled to minimum wage and over time , i logged... Read more »

V. Jonas Urba
V. Jonas Urba answered on Mar 15, 2021

The following link is thanks to New York State's Department of Labor:

https://www.labor.ny.gov/legal/counsel/pdf/payment-of-commissions-frequently-asked-questions.pdf

1 Answer | Asked in Civil Litigation, Libel & Slander, Personal Injury and Employment Law for New York on
Q: My sister was assaulted on her job by the assistant director of the respiratory department. What should she do?

She is working as a temporary worker at a hospital for an assignment. She was shoved twice and verbally assaulted by the male employee. He was arrested on Friday, but has since been released with no charges per the police. My sister is experiencing trauma from being physically assaulted by this... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Mar 15, 2021

Sorry to hear what happened to your sister. If she hasn't already, she should report the incident to her supervisor and request that the other employee be transferred to a different department to reduce the risk that she might run into him again. With regard to bringing a lawsuit against the... Read more »

1 Answer | Asked in Employment Law for New York on
Q: Can I be legally charged for cashing a check set to me by former employer for time I did not work?

They hired me gave me a start date I quit previous job worked for two day they informed me that I was never cleared through the justice center and I have to take off til they did which they did not so I was let go I received the pay for two days worked two weeks later they sent me another check I... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 14, 2021

An employment attorney could advise best, but your post remains open for three weeks. As a GENERAL premise, overpayment to a payee will generally result in a legitimate claim by a payor to demand return of overpayment - whether that payor is a bank, insurance company, or other entity. Based on your... Read more »

1 Answer | Asked in Employment Law for New York on
Q: Garden leave.. I signed a contract 2yrs ago agreeing to give 90 days notice if I resign.

My wife got pregnant and in January (3 months) I informed my employer and asked if I could work from home. (Currently I work in our office 4 days a week on a IT help desk answering calls and going to users to fix technical issues.)

My wife’s Dr. wrote a note advising that if possible... Read more »

Carrie Dyer
Carrie Dyer answered on Mar 10, 2021

The ADA does not apply to you here, so there is no legal obligation for your employer to honor a request for an accommodation of working from home due to your wife's pregnancy. If you entered into a contract agreeing to give 90 days' notice of your resignation, and you resign... Read more »

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