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Questions Answered by Brian Greben
2 Answers | Asked in Employment Law and Civil Litigation for New York on
Q: I would like an Esq. to let me know if my case has merit.

As an independent contractor I am to receive 80% employer has taken more than 20% over 10yrs. Backpay owed $33k

Maurice C

Brian Greben
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Brian Greben
answered on May 28, 2024

Either you are an independent contractor or an employee - you can't be both at the same time. And whether you are one or the other depends on the details of your job, not what you and/or your boss decides you are. You should give me a call to discuss this. If you are actually an employee,... View More

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1 Answer | Asked in Employment Law for New York on
Q: My employer hired me and several others without licenses to work in a salon, she also never paid me hourly

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... View More

Brian Greben
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Brian Greben
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... View More

1 Answer | Asked in Employment Law for New York on
Q: Can I file an Article 78 even if I am a member of a union?

I work for the NYC Department of Education. I have been wrongfully demoted. I don't feel like my union has my best interest at heart. Can I file an article 78 on my own, or do I need my union to fight for me?

Brian Greben
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Brian Greben
answered on Jun 12, 2023

You should give the Union a chance to help you first. If they don't do what they are supposed to or are not vigilante in prosecuting your case, you can probably start an action on your own.

1 Answer | Asked in Employment Law for New York on
Q: I’m on maternity leave and was only colleague on my team affected by a wider company RIF

My company recently had a mass layoff event. However, within my team, I was the only one affected. I’m also the only one on the team currently on maternity leave. When I asked why my job was getting cut and what would happen to my responsibilities, the answer was ‘we can’t say.’ I have long... View More

Brian Greben
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Brian Greben
answered on Apr 1, 2023

Yes, it certainly sounds like it would be worth your while to speak with an attorney.

1 Answer | Asked in Employment Law for New York on
Q: My daughter's former manager is telling customers and employees that my daughter was fired for saying racial slurs

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?

Brian Greben
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Brian Greben
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.

1 Answer | Asked in Criminal Law, Employment Law, Business Law and Employment Discrimination for New York on
Q: Racial exclusion by business owner legal?

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... View More

Brian Greben
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Brian Greben
answered on Jan 4, 2023

No, you cannot legally discriminate against patrons or employees. Yes, you can get sued.

1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: Labor Law - Worked at energy service company becaus of bullying and manipulative practices by my Boss. Do i have a case?

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... View More

Brian Greben
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Brian Greben
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.

1 Answer | Asked in Employment Discrimination, Employment Law and Personal Injury for New York on
Q: I have a swollen knee. I asked my boss if I can work from home and he said “he prefers me to come to the office”

Am I able to sue my employer for this? I have a picture of my knee with a date on it. Also I am not getting overtime paid for 3 years.

Brian Greben
PREMIUM
Brian Greben
answered on Oct 6, 2022

You quite possibly have a disability discrimination case, depending upon how "reasonable" your request to work from home was. Probably more important, however, is the fact that you haven't been paid OT in 3 years. If you are a nonexempt employee, and are therefore entitled to... View More

2 Answers | Asked in Employment Law for New York on
Q: In NEW YORK, can my restaurant employer withhold my check and tips to pay for a window I accidentally cracked?

I accidentally crack said window while on the clock, moving chairs around.

Brian Greben
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Brian Greben
answered on Oct 3, 2022

The short answer is no, they cannot. If they dock your compensation to pay for the cracked window they are making an unlawful deduction.

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1 Answer | Asked in Employment Law for New York on
Q: If I speak out loud to myself and no direct a comment to someone at work is that harrassment
Brian Greben
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Brian Greben
answered on Sep 21, 2022

It probably depends on what you were saying.

2 Answers | Asked in Employment Law for New York on
Q: Can you revoke an independent contractor clause with significant evidence of employment link + contradictory language?

- Firm entered a Services Agreement to provide services for a financial services company as an independent contractor

- After the agreement was executed, the plaintiff was required to perform duties beyond the scope of Agreement

- Plaintiff was also subject to employee policies... View More

Brian Greben
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Brian Greben
answered on Jul 6, 2022

An "independent contractor clause" doesn't do much. Whether a person is an employee or independent contractor is determined by details of the person's job duties, compensation, etc.

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1 Answer | Asked in Employment Law for New York on
Q: i would like to directly speak to an attorney in reference to the detailed information below

i was given an impromptu meeting in regards to a allegation of creating a hostile work environment...after i was suspended for five days without pay....the meeting brought forth no evidence of the allegation as no witnesses were called and more importantly my private medical issue with there very... View More

Brian Greben
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Brian Greben
answered on May 16, 2022

You should contact an experienced employment/labor attorney to go over the details of your case. From the small amount available in this public forum, it certainty sounds like you have reason to be concerned.

2 Answers | Asked in Contracts and Employment Law for New York on
Q: Hello , my employer refuse to pay me over 10000$ in commission

I provided every proof that i wasnt paid for certain jobs , dozens of emails and promises , lately i have been harassed with iron strong evidence that is directly correlated to the fact i asked for my money , is it wise to persue a lawsuit or big employers always win in such cases and it takes... View More

Brian Greben
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Brian Greben
answered on Sep 20, 2021

You're asking excellent questions, but they can't be answered without knowing the specifics of your case. You should contact an employment attorney.

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1 Answer | Asked in Employment Law for New York on
Q: Is it legal for an employer to keep tips?
Brian Greben
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Brian Greben
answered on May 10, 2021

Usually not.

1 Answer | Asked in Employment Law for New York on
Q: If suing an employer, should the suit be filed in the state where I work or headquarters of employer?
Brian Greben
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Brian Greben
answered on Apr 2, 2021

Every case is unique, but these actions are usually commenced in the State where the employee works.

1 Answer | Asked in Employment Law for New York on
Q: I'm a teacher, paid over 12 months. Being told there's no money for last 2 checks, so being "furloughed". Any recourse?
Brian Greben
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Brian Greben
answered on Jul 20, 2020

I would have to read your contract before I could give an opinion. Call me at 516.304.5357 or email me at brian@grebenlegal.com if you would like to discuss your situation.

2 Answers | Asked in Employment Discrimination and Employment Law for New York on
Q: can an employer hold my check if i broke something on accident in the store and not tell me until 2 weeks later?

I work at dominoes as a delivery driver. So i guess i might've broke the glass door by exiting by using my foot to push the door open causing it to crack. Anyways whether I actually broke it or not I don't know, say i did break the door, no one actually saw me do it. My boss just says... View More

Brian Greben
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Brian Greben
answered on Jul 20, 2020

What your employer is doing is unlawful. He's not allowed to delay payment of your check, and taking money of your pay to reimburse him for alleged damages would be an unlawful deduction.

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2 Answers | Asked in Employment Law for New York on
Q: In NY, if the employee handbook says "there will be no payout for unused vacation time for terminations," could I

theoretically be entitled to unused vacation time if I voluntarily resigned (i.e., I quit on my own volition to take another position elsewhere)?

Brian Greben
PREMIUM
Brian Greben
answered on Jul 13, 2020

I agree with Mr. Urba. The most important thing is that the policy of not reimbursing unused vacation time to terminated employees be applied fairly to everyone. If any similarly situated employee was paid his unused vacation time upon termination, you are probably also entitled to be similarly... View More

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1 Answer | Asked in Employment Law for New York on
Q: Can a job force you to take pto but have you on call 24/7 so they don't have to pay you overtime.

Your schedule is 9 to 5. Mon -fri They make you stay home but you have to check in and be on standby. If you get paged out after hours or the weekend they say we don't have to pay you anything for that because we are paying 40 hours pto for the week. I am a non exempt employee and I receive... View More

Brian Greben
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Brian Greben
answered on May 8, 2020

If you are a non-exempt employee (and therefore entitled to overtime if you work over 40 hours per week), what you are describing is unlawful. More information is needed about your employment to determine if you are exempt.

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for New York on
Q: If a male coworker tells a female coworker “I’ll let your attitude slide because of pregnancy hormones” is that harasmnt

Female coworker is not pregnant

Brian Greben
PREMIUM
Brian Greben
answered on Apr 1, 2020

Yes, it's harassment. But if that's the only statement at issue, it's probably not to establish a pattern of discriminatory conduct.

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