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Questions Answered by Charles Joseph

1 Answer | Asked in Business Law, Civil Litigation, Employment Discrimination and Employment Law for New York on

Q: What effect could cases like Arlene’s Flowers v Washington, if successful, have on employment anti discrimination laws?

Charles Joseph answered on Jul 24, 2019

Arlene’s Flowers v. State of Washington is a collection of cases. They all are based on a gay couple who tried to order flowers for their wedding. The florist refused to provide floral arrangements for a same-sex wedding because of her Christian beliefs. The couple, with the help of the ACLU,... Read more »

1 Answer | Asked in Employment Law for New York on

Q: what does it means? Did plaintiff got any money?

Kokota v. State Street Corporation et al

1:17-cv-02250 | New York Southern District Court

STIPULATION OF VOLUNTARY DISMISSAL OF CLAIMS WITH PREJUDICE: IT IS HEREBY STIPULATED AND AGREED by and between the parties that the above-captioned action is hereby dismissed with prejudice... Read more »

Charles Joseph answered on Jun 17, 2019

All this says is that the all parties in this action stipulated (agreed) that the case should be dismissed. That it was dismissed with prejudice means the plaintiff cannot refile this case. The reasons the parties agreed to dismiss the case could have been the result of a settlement and the... Read more »

1 Answer | Asked in Employment Law for New York on

Q: Does New York City's mandatory sick leave apply retroactively during you employment?

If an employee has a medical emergency in the first weeks on a new job before full days of sick leave accrue, is the employer responsible for paying for that leave if the time accrues in the employee's subsequent months on the job?

Another way: Can an employer refuse an employee's sick... Read more »

Charles Joseph answered on Jun 10, 2019

The short answer to your question is no.

Under NYC’s Paid Safe and Sick Leave Law, employees of eligible employers can start using accrued sick leave 120 days after the start of their employment. Employees accrue sick leave at the rate of one hour for every 30 hours worked, up to a...
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2 Answers | Asked in Employment Law and Business Law for New York on

Q: Can a business withold an employee's earnings?

Accounting said they paid double overtime by accident and that they need retribution. They are withholding my paycheck until i sign a form and say they can take it out of future paychecks.

Charles Joseph answered on Jun 9, 2019

Your employer is not allowed to make deductions from your paycheck unless it is required by law, such as income taxes or Social Security taxes, or it is for your benefit, such as health insurance, pension contributions, or discounted parking passes. Otherwise, your employer must have your agreement... Read more »

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2 Answers | Asked in Employment Discrimination and Employment Law for New York on

Q: I was fired from my job 2 months ago and i believe i was discriminated against. What should I do?

About 2 months ago I was fired from my factory job. I was accused of causing harm to a coworker, which is totally false. The accuser lied about what happened and lied about having witnesses. I was fired that day and filed a grievance. I tried to get ahold of my union rep but i haven't heard a thing... Read more »

Charles Joseph answered on May 13, 2019

New York is an employment-at-will state, meaning your employer does not have to have a reason to fire you. You can even be terminated for a bad or unfair reason.

Termination is wrongful only if it was based on your protected status (race, gender, religion, age, etc.), but it is your burden...
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3 Answers | Asked in Employment Law for New York on

Q: Can my job fire me for being pregnant with health issues?

I’m 20 weeks pregnant, and my job is trying to find ways to fire me. They are trying to create a paper trail for reason to fire me. I made my job aware of my pregnancy when i was around 8 or 9 weeks pregnant. Before then I had no issues. I’ve been at my job for almost 11yrs without ever being... Read more »

Charles Joseph answered on Apr 24, 2019

It is illegal for your employer to take any adverse employment action against you based on your pregnancy or in retaliation for your request for leave under FMLA. If you work in New York City, unwarranted negative performance reviews may constitute an adverse employment action.

Employment...
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1 Answer | Asked in Employment Law for New York on

Q: Is it legal for a business owner to keep employee tips in New York state?

Charles Joseph answered on Jan 9, 2019

While your employer can require tipped employees to pool their tips, the tip pool can never include owners or managers. A valid tip pool also should not include employees who typically don’t receive their own tips, like dishwashers.

If the owner is taking part of your tips, that is...
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2 Answers | Asked in Sexual Harassment for New York on

Q: The interviewer sexuall harassed me. Can I still sue even though I don't work at that company?

Charles Joseph answered on Dec 27, 2018

Sexual harassment includes all unwelcome sexual advances or behaviors in the workplace, even when you are not yet an employee of that company. If you were sexually harassed or discriminated against because of your gender during a job interview, it may or may not be severe enough to file a claim.... Read more »

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1 Answer | Asked in Civil Rights and Employment Discrimination for New York on

Q: Hello, I’m looking to file a lawsuit against the FDNY for the ongoing discrimination, assaults and mistreatment

I’m looking to file a lawsuit against the FDNY for the ongoing discrimination, assaults and mistreatment against people of color. The FDNY has been able to continue this behavior for over 150 years with little resistant. Due to the previous lawsuits that lasted several years I have had one time... Read more »

Charles Joseph answered on Dec 19, 2018

Unfortunately, the information you’ve given in your question is not specific enough to determine whether you have grounds for a lawsuit. You should contact an experienced employment attorney in your area and discuss the particulars of your situation.

This response is not legal advice, but...
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1 Answer | Asked in Employment Law for New York on

Q: How many hours must an employer allow between shifts on the same work day?

My boss often schedules me with less than six hours between shifts, and despite requesting not to be scheduled this way due to travel costs practically cancelling out half my day's pay, he refuses to listen. I've been told that it's illegal for him to even schedule me this way, and he's been... Read more »

Charles Joseph answered on Dec 19, 2018

In general, neither federal nor New York state law mandate that workers be given any minimum amount of time off between shifts, but there may be regulations specific to your industry. For example, bus drivers, truck drivers and airline pilots must have off a certain number of hours between shifts.... Read more »

2 Answers | Asked in Employment Law for New York on

Q: I just had a job offer rescinded after a background check due to a criminal conviction. Case?

I had an aggravated stalking charge that I plead guilty to about a year ago in Florida stemming from a case with my ex-wife. I provided the employer with everything they requested, and yet they still decided to rescind their offer. I provided letters from probation officers, former supervisors... Read more »

Charles Joseph answered on Nov 28, 2018

Once a conditional offer of employment has been made, the company may run a background check and rescind its offer based on its findings. However, the employer cannot run a background check without your written permission to do so.

Under the Fair Chance Act, if the company rescinds the...
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2 Answers | Asked in Employment Law for New York on

Q: Can a retailer close a store without giving employees notice?

Charles Joseph answered on Nov 5, 2018

Both federal and New York state law require that certain employers give employees advance notice of a large-scale layoff. The NY Worker Adjustment and Retraining Notification (NY WARN) Act is more protective than the federal law.

NY WARN applies to private businesses with at least 50 or...
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1 Answer | Asked in Employment Law for New York on

Q: Is it legal for a supervisor to discuss personal things brought to their attention with other employees?

I have a supervisor that I discussed some things going on in my home life that effected my performance at work. There were also things discussed with this supervisor by other employees and even the owners of the company that she turns around and shares with employees below her. For example the... Read more »

Charles Joseph answered on Oct 16, 2018

If your supervisor was sharing confidential information she learned from looking at personnel files or in the course of her job duties, it is possible that would be a violation of privacy, particularly the information about the employee going to rehab. However, if the supervisor was gossiping about... Read more »

2 Answers | Asked in Employment Discrimination and Employment Law for New York on

Q: If you quit a job & didnt receive your pay can you sue ?

I work at an restaurant & I quit, when to go get my check the Manager said she mail it & it’s been two weeks & I still haven’t receive it

Charles Joseph answered on Oct 3, 2018

If you leave your job, either voluntarily or involuntarily, you are entitled to be paid no later than the next regularly scheduled payday. Your employer can mail you your last check, but that must be at your request. The employer must put the check in the mail early enough that you receive it on or... Read more »

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1 Answer | Asked in Employment Discrimination and Employment Law on

Q: My supervisor yelled the "f" word toward me while she was with me on my mail route.is that work place harassment?

I had a nervous breakdown due to it. And the union has said that is work place harassment. Also other employee's have filed against her. I was off work under Dr. Care. When she called me into work. I let her know about it. Then two days later, she sent me a certified letter and priority letter both... Read more »

Charles Joseph answered on Sep 24, 2018

More facts are needed to determine whether you have a claim against your employer.

Generally, you cannot sue you employer just because someone is mean to you. If your supervisor if unpleasant to everyone, or even if he or she is harsh with you in particular, because they dislike you for...
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1 Answer | Asked in Sexual Harassment for New York on

Q: Can I accuse a person of sexual harassment, even if I don't work with them?

Charles Joseph answered on Sep 23, 2018

Employers have a responsibility to prevent sexual harassment. A coworker, a supervisor in another area of the company, or even a non-employee, like a vendor, can be the perpetrator. You can read more about the laws that protect you from sexual harassment at... Read more »

1 Answer | Asked in Sexual Harassment for Georgia on

Q: How long do I have to file a lawsuit after an EEOC complaint?

In 2015 I had a mediation with my then employer/boss for sexual harassment & retaliation. I was offered money in the mediation but didn’t take it because I wanted to file suit. How long do I have after such incident to file suit? The man I accused was recently fired for the same situation.

Charles Joseph answered on Aug 29, 2018

You should contact an experienced employment attorney. A lot of time has passed since the mediation, and it may be too late to file a claim.

Ordinarily, if an EEOC mediation is unsuccessful, the EEOC will begin an investigation into your case.

• The EEOC will give you a “Notice...
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1 Answer | Asked in Workers' Compensation for New York on

Q: I've heard I can take disability and tack it onto a pregnancy leave - is that possible?

Charles Joseph answered on Aug 24, 2018

Under the New York State Paid Family Leave Act (NYSPFL), which took effect on January 1, 2018, you can take up to 8 weeks of paid leave in order to bond with your newborn. You are entitled to receive 50% of your salary up to $652.96 per week.

If you are temporarily disabled by a pregnancy,...
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1 Answer | Asked in Employment Law for New York on

Q: I got unlawfully let go from my job at the end of march 2018. Could i still pursue this case or is it to late?

My manager claimed to corporate HR that I put in my 2 week notice verbally to leave the job, but could not supply one because one does not exist and HR still said that they stand behind him and will not give me my position back.

Charles Joseph answered on Aug 22, 2018

It is not too late to file a claim, but it’s important to act quickly.

If your termination violated federal discrimination laws, you only have 180 days (about 6 months) from your termination to file a complaint with the Equal Employment Opportunity Commission (EEOC). You are not allowed...
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