It depends.

You are not eligible to receive unemployment benefits if you are receiving dismissal/severance pay at a rate that equals or exceeds the maximum weekly unemployment insurance benefit rate.

However, if your weekly severance payments are less than the maximum unemployment... View More

Restaurant employers are allowed to pay servers less than minimum wage if the servers’ wages plus their tips add up to at least the minimum wage for each hour worked. This is called a “tip credit.”

However, if a server performs non-tipped work for more than 2 hours OR more than 20% of... View More

If the mandatory event takes place outside of your normal working hours and you are non-exempt employee who is paid by the hour, your employer must pay you for that time. If you have already worked 40 hours during the normal workweek, then you must be paid time and a half for the overtime.... View More

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,... View More

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... View More

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... View More

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... View More

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... View More

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... View More

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... View More

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.... View More

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... View More

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.... View More

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... View More

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... View More

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... View More

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... View More

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... View More

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... View More

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... View More