This is an interesting question that points out the inherent culture of corruption in New York. Working off the books is always illegal both for employers and employees. In fact, having employees work "off the books" is a criminal violation, and also violates New York tax laws. No...View More
New York law allows employers to specify whether vacation pay is paid out at the end of employment. If the employer has a policy (generally stated in its employee manual) that vacation pay is not paid upon ending employment then the employer does not need to pay accrued vacation pay. If this...View More
This is the power of a labor union. When an employer eliminates union jobs, the employer must negotiate the effects of the job elimination, and frequently awards severance. With nonunion employees, the employer does not need to provide severance. The employer is not required to treat union and...View More
Have a Delaware C business in NYS. Maintain two residences, one in NYS and one in Mass. May end up establishing residency in Mass. Does it make sense/do I have to also move the business to Mass. I will still have remote employees 1-2 working remotely in NYS. I know i will be responsible for NYS... View More
I’m a program manager coming off maternity leave. Qualified for management but need a job ASAP for the holidays. This job was described as entry level with some leadership duties such as keeping everyone on pace. The VP stressed “this is not a manager or supervisor position” which is why the... View More
There is nothing particularly wrong from a legal standpoint. The position is not what was advertised, which happens often. Your choices include trying to get your employer to alter the duties of the job, trying to make a considerate exit from the position, or just quitting.
I was charged with a domestic violence charge in the state of PA. There is a newspaper article reporting the allegations. None of these allegations are true at all. I accepted and pled guilty to a misdemeanor charge in order to avoid more jail time to await a trial that would not go in my favor. I... View More
You will need to contact an attorney due to two considerations. In New York, there is a statute that deals with discrimination against people due to their criminal history. New York has a general maxim that your conviction in the past should not affect your opportunities for future advancement....View More
Employees A,B,C,D,E are Team Leads for the same department/company. They spend half their time individually making products and half on leadership tasks. Employee A is recognized and asked to help another department with leadership. His management agrees and reduces his time spent making products... View More
You don't have any sort of wrongful termination action against your employer. The courts have no tolerance for marijuana at work. If you have proof that you did not take marijuana to work, submit it to your employer and you may get your job back. Otherwise, more information would be needed...View More
Under New York law, an employer is prohibited from taking a portion of employees' tips, or from requiring that they be shared with nonservice employees in a restaurant setting. There is one exception to this rule: With regard to a banquet or special function, the employer may share a...View More
Contrary to what many people think, New York does not have comprehensive employee leave protections, although a new leave law will take effect soon. On January 1, 2018, a paid-family leave law will take effect in New York, which will provide up to eight weeks paid family leave per year, and will...View More
This is a very broad question that can be answered in many ways, but broadly in New York there is legislation (the Taylor Law) that sets up a system of procedures and protections for public sector employers and employees. Under this system, employees have to serve a probationary period after they...View More
I have a open worker's compensation case for my lower back. I have FMLA on my self for it due to pain. I loose time roughly 8hrs per week from my comp injury. Is it possible to get reimbursed for any of the FLMA time i use for my comp injury?
There is no requirement under the Family and Medical Leave Act to be compensated for time off for treatment. However, your employer is supposed to coordinate the protections of the FMLA and Workers' Compensation. If your employer chooses to compensate for FMLA leave, or if you have paid sick...View More
It depends on the reason for the retaliation. If you are retaliated against because you complained of illegal discrimination, harassment, or because of workplace safety violations, you may have a retaliation cause of action. If you are retaliated against for other reasons such as refusal to...View More
While this language, and other "witch hunt" language against Communist Party members is archaic, it is contained in Title VII, and to my knowledge has never been abrogated by the Supreme Court on First Amendment grounds, so on its face, Title VII does not apply to Communist Party Members....View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.