Now she is not trying to pay me for the days I worked after leaving early. She is saying because I left early it is considered awol. & she does not have to pay me for the other days I have worked.
answered on Mar 15, 2023
Your employer is required to pay you for all time you actually worked. If you are an hourly employee- they must pay you for all hours worked. If you are an exempt salaried employee, they must pay your salary.
I had an S corp in queens NY and there was a judgement against the company from the dept of labor for unemployment insurance during years the company was not in operation. The judgement is in the sum of $3700, can they come after me personally? Also there is another judgement against the company i... Read more »
answered on Mar 12, 2023
You definitely have personal liability for both judgments if they pursue you. I am not sure if the judgment is in your name or not. If not, there would need to be a new suit to make you responsible, but you would lose the suit.
What can I do regarding this?
answered on Mar 11, 2023
Depends on the contents of the severance agreement, what was specifically said in the social media comments and who they were shared with, and whether what they said was opinion or false facts. There could be a defamation claim here; depending on severance agreement, maybe breach of contract as... Read more »
If it's not, what do I do about it?
answered on Mar 11, 2023
While there are some exceptions, it is typically illegal for a company to not hire you in New York based solely on a positive drug test for THC. If that's what they did, and why they did it, and no exceptions apply, you can sue them.
My daughter was let go without a reason. Now her former boss is telling people that she was fired for racial slurs. So far, two stories have been said and neither are true. Is there anything we can do to stop this?
answered on Mar 10, 2023
If you can somehow prove that what he is saying isn't true you can sue him for libel. But proving that sort of thing is usually very difficult.
My friend started a Job about 7 months ago and has missed a lot of time due to documented medical issues. He has been medically cleared to return to work but is having post op complications and is afraid he will be fired if he misses any more work.
Is it legal for an employer to fire... Read more »
answered on Mar 10, 2023
Your friend needs to consult with an employment and labor law practitioner. It is possible that he might be protected if his documented medical issues qualify as a "disability" under the American With Disabilities Act, the NYS Human Rights Law and/or the NYC Human Rights Law (if his... Read more »
I was denied employment based on my criminal history by a temp agency. I was interviewed by the temp agencies client company and was told that I had gotten the job. The temp agency then screened me doing a drug test and background check. I disclosed on my background check my felony conviction that... Read more »
answered on Mar 10, 2023
In New York, discrimination based on a past criminal conviction could be unlawful depending on several conditions. Under the NYS Human Rights Law and NY Corrections Law, the prospective employer must conduct a multi-factor analysis to determine whether it can decline to hire you, such as the... Read more »
Does signing constitute an admission of guilt or does refusing to sign a write up create more of a mess?
answered on Mar 2, 2023
You need to consult with counsel; it’s not possible to responsibly answer your question without asking you more questions about the situation in a confidential setting.
Can I take legal action?
answered on Feb 14, 2023
Hello, whether you can take legal action depends on more facts that need to be inquired about and on whether it is ultimately worth doing so. Your issues appear primarily related to an employment relationship, whereby it should not matter that it is a family business. If you were employed there you... Read more »
One person had hourly and my boss took it away. I got just 50% the hairstyle not including the hair, accessories, or products. I also ran the food market in the back which they said was illegal. And they never paid overtime. I also had to work open to close everyday because it was just me. I also... Read more »
answered on Feb 13, 2023
If you worked at this person's salon you were owed at least minimum wage, with "time and a half" for overtime for all hours worked after having already worked 40 hours per week. And if they didn't pay you, you're probably also owed liquidated damages equal to the... Read more »
I work in a weld shop, but the front office, so I don't weld. The entire male staff has the same dress code, and the women in the weld shop area have the same dress code, but the women in the front office have no such dress code. Is this an enforceable thing?
answered on Feb 7, 2023
Whether this is legally permissible, in theory, is one thing. Whether it makes sense for you to make a big issue out of it is another matter, entirely. You need a cost benefit analysis of the problems you will create for yourself at work, versus the value and enforceability of the alleged harm you... Read more »
Assume a consulting agency is providing consultants to a client in order to complete a project. Due to the nature and duration of the project, the client wants to use the consultants/independent contractors to temporarily augment their staff. This may require, depending on the role the consultant... Read more »
answered on Feb 6, 2023
A corporate resolution authorizing signature on whatever needs to be signed.
When I own a business (e.g. bakery, coffeeshop etc.) am I LEGALLY allowed to deny service to people of a specific ethnicity (e.g. african-american), sexuality, gender etc. and/or deny them employment? I mean after all it is MY business and I can decide, whom I offer my service or who can enter my... Read more »
answered on Jan 4, 2023
No, you cannot legally discriminate against patrons or employees. Yes, you can get sued.
Selling my cookie I invented in stores without paying me. They also didn’t let me name it and are asking customers online to compete in naming the cookie and winner gets creator rights on the cookie. I was basically thrown to the side after I made them a delicious cookie they liked and they... Read more »
answered on Jan 2, 2023
By itself, a recipe is not protected by copyright law because it is only a list of ingredients. See U.S. Copyright Office, Circular 33, Works Not Protected By Copyright.
However, a recipe embedded in detailed instructions on how to combine the ingredients, especially when written in your... Read more »
I made a mistake on a spreadsheet which caused pricing to be off by a few percent. I submitted the pricing sheet to the company. The company uploaded into their system and then approved all Purchase Orders from customers with the mistaken pricing (I did not approve any PO's). The company is... Read more »
answered on Dec 27, 2022
It depends on your agreement, which it appears in itself might be hard to prove.
answered on Dec 26, 2022
This is something that an employment law attorney should advise on, but your question remains open for three weeks. Small Claims Court is a court of limited jurisdiction, in terms of money caps and the scope of matters handled. It is often for straightforward disputes involving money damages up to... Read more »
answered on Dec 18, 2022
In New York, a trade secret has three parts: (1) information (2) economic value from not being generally known by others, and (3) reasonable efforts have been taken to protect the trade secret. In New York, courts look at six factors to determine if information should be considered a trade secret:... Read more »
answered on Dec 18, 2022
If you were an independent contractor as opposed to an employee, the work for hire doctrine wouldn’t apply absent a signed writing to that effect executed by both parties to the contract. However, whether you would be considered an “employee” for the purposes of copyright law is not as simple... Read more »
I am a known for being a hard-worker and respected in the industry as at top energy service professional. Working over 70 hrs in a week. Sometimes my boss wants us to work more. One time i had to decline because i was too worn out. After i declined i became a target for my boss. He made my job... Read more »
answered on Dec 13, 2022
There are too many variables that aren't addressed in your question to give an answer in this forum. You should reach out to an employment/labor attorney; many of us provide free consultations.
answered on Dec 8, 2022
Generally, no. Employees in New York State are presumed to be “at-will,” meaning that the employment relationship can be terminated at any time for any reason, by either the employee or the employer, unless there is a law or contractual agreement to the contrary.
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