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answered on Jan 1, 2024
In New York, eligibility for unemployment benefits is typically based on the wages earned during a specific period known as the "base period." If you've been freelancing for the past three years and were laid off from your full-time job, your eligibility for unemployment benefits... View More 
My domicile is GA and I work remote from there ~51% of the time for an employer in NJ. For 2024, I plan to spend ~49% at my NY house. While there, I plan to work from my NY home about 25% and in my NJ office 25%. I'm fine allocating days between the 2 or 3 states and will keep copious records,... View More
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answered on Dec 31, 2023
Your situation, involving tax liabilities across multiple states, does indeed present a potential risk for double taxation, especially considering New Jersey's "convenience of the employer" rule and New York's similar stance. These rules can impact how your income is taxed when... View More
stating that I could take an entry level position.
What recourse do I have? I have been at the company as general manager for 7 years. I think they want me to quit, but I won't make it be that easy for them.
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answered on Dec 28, 2023
Each employment law matter is heavily dependent on facts. Many times those facts are supported by communication which includes emails, texts, and even recordings. The reasons expressed for your leave are critically important. What your employer knew or should have known about why you took leave is... View More
NY office of TEMP & DISABILITY ( Mike P.,), received letters from MASS instructing to deny me benefits , harassment etc they e denied my SSI SUPPLEMENTAL THEN NEXT DAY SAID I AM DISABLED? NO FOOD STAMPS SLEEPING IN MY CAR FOR OVER A YEAR & HALF! SSA ALBANY REPEATEDLY ASKING ME WHO MY FATHER... View More
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answered on Dec 25, 2023
It sounds like you are facing a deeply distressing and complex situation. Firstly, it's important to address any immediate safety or health concerns. If you are in danger or need urgent help, consider reaching out to local support services or hotlines that can provide immediate assistance.... View More
My staff recorded me without my knowledge and it was used it to terminate me. I said something inappropriate and was used to terminate me. Is this lawful, can I sue my employee?
answered on Dec 4, 2023
New York is a one-party consent state meaning that you can record conversations if you're physically in the state and are a party to the conversation or if you have permission from one of the parties in the conversation. If neither of the parties to the conversation have consented then it is a... View More
My wife just had a miscarriage caused by my company commander and 1SG, we got a doctor’s note explicitly saying because she has 2 kids and recovering from a miscarriage that she’s on bed rest and that I need to be home to take care of her. They only gave me 3 days when the doctor said 2 weeks.
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answered on Dec 1, 2023
In the U.S. military, leave requests are generally subject to approval by a commanding officer, considering both the needs of the service and the individual circumstances of the service member. In cases like yours, where there's a critical family situation such as a medical emergency,... View More
y to be a public teacher will I not get hired?
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answered on Nov 29, 2023
When applying for a position as a public school teacher, background checks and assessments of your past conduct will typically be part of the hiring process. While your previous involvement in adult entertainment was anonymous and your identity was not disclosed, it’s important to be aware of the... View More
Is there anything I can't do. It's 5 years ago that I got that misdemeanor.
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answered on Nov 28, 2023
When facing a situation where a job offer is rescinded or affected due to a past DUI (Driving Under the Influence) conviction, especially when it's a misdemeanor from five years ago, there are a few steps you can consider:
Review the Offer Letter and Company Policy: Check the details... View More
Can the case be reopened and taken to trial if the paying party fails to make a payment or send over and documents regarding the settlement? It has been 6 months since company settled during NYSDHR pre trial settlement. Still have yet to receive any stipulations, statements, notifications on... View More
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answered on Nov 23, 2023
When a settlement is reached in a New York State Division of Human Rights (NYSDHR) case, the timeline for the payment by the paying party is usually outlined in the settlement agreement itself. This timeline can vary depending on the specifics of the agreement. If there's no specific timeline... View More
I'm from Florida.
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answered on Nov 19, 2023
In New York, employment law typically protects employees from discrimination based on national origin, which can include language. If your employer's policy of not speaking Spanish except with Spanish-speaking customers appears to be unfairly targeting your national origin or culture, it could... View More
I claimed he treats me unfairly and this is a hostile workplace for me. I know that the company can terminate me without cause and no severance since it is an at-will contract. I have a few pointers that might be considered evidence that can support my claim. Is there anything I can do if they do... View More
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answered on Nov 19, 2023
In New York, even under an at-will employment contract, there are legal protections against wrongful termination, especially if it's in retaliation for reporting workplace issues. If you reported your director to HR for bias and unfair treatment and then faced termination, this could... View More
This is what I found on NYS for Paid Sick Leave
https://www.ny.gov/new-york-paid-sick-leave/new-york-paid-sick-leave#amount-of-leave
RATE OF PAY
Employees must be paid their normal rate of pay for any paid leave time under this law, or the applicable minimum wage rate,... View More
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answered on Nov 17, 2023
Under New York's Paid Sick Leave law, commission-based employees at a non-profit organization should be paid their normal rate of pay for sick leave, or the applicable minimum wage rate, whichever is greater. Calculating the 'normal rate of pay' for commission-based employees can be... View More
I filed a report regarding my director and I wonder if HR or the director will retaliate against me, am I protected by law?
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answered on Nov 17, 2023
In New York, anti-retaliation laws typically protect employees who engage in protected activities, like reporting discrimination or other unlawful practices. However, if you are part of an "unprotected class," the legal protections may not be as clear-cut. Generally, these laws protect... View More
recently a hospital has taken its IT staff and changed them to another organization. One team had to train staff in another country and once this was done, they were terminated once the training was completed and then on their terminations, it listed the reason as downsizing instead of outsourcing.
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answered on Nov 11, 2023
In New York, there are no specific laws that mandate how a company must list the reasons for termination on employment records, particularly in the context of outsourcing. However, there are laws that require employers to provide truthful information about the reasons for termination. If an... View More
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answered on Nov 8, 2023
Hello James, I am also James! Nice to meet you. I hope that you are having a great week.
Under the current immigration regulations, as an H-4 visa holder, you are eligible to apply for an Employment Authorization Document (EAD) if your H-1B spouse has an approved I-140 (Immigrant Petition... View More
What motions can be filed a out judge not ruling in a motion in a timely fashion court matter
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answered on Nov 4, 2023
In New York, judges generally aim to comply with the 90-day rule, which states that they should issue a decision on a motion within 90 days of the motion being submitted for decision. If a judge fails to rule within this timeframe, parties may inquire about the status of the motion.
One... View More
I have a class e felony conviction in the state of Ohio from 15 years ago. The judge ordered a restoration of all rights, and sealed/expunged my record after serving probation. I want to obtain my NYS Real Estate license, and it is an automatic disqualification if convicted of a felony, but do I... View More
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answered on Nov 4, 2023
When applying for a New York State Real Estate License, you are required to disclose all prior convictions, even if they have been sealed or expunged.
New York State does not recognize the expungement or sealing of convictions from other states in the same way. It's important to... View More
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answered on Nov 4, 2023
Under New York labor laws, if you show up for your scheduled shift and are sent home, your employer may be required to pay you for at least a few hours of work. This is often referred to as "call-in pay" or "reporting pay." The specifics can vary based on your employment... View More
Nevermind will ask real lawyer
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answered on Nov 4, 2023
If your former employer claims there was an overpayment during your maternity leave, it's crucial to request a detailed explanation and calculation of the alleged overpayment. Review any related documentation and your contract terms regarding leave benefits. If there was indeed an overpayment,... View More
My sister is a remote employee in NY and today she was given a final warning for a "no call no show". Her job automatically considers employees a no call no show if they are more than 15 minutes late without warning. She was just over the 15 minute mark by 2 minutes and explained she was... View More
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answered on Nov 4, 2023
In New York, employers are required by law to provide sick leave to employees. The specifics can vary depending on the size and location of the employer, but employees are typically entitled to use accrued sick leave for certain health-related absences without fear of retaliation. If your... View More
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