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Questions Answered by Michael Diederich Jr.
2 Answers | Asked in Sexual Harassment for New York on
Q: Can I get a restraining order if a coworker is harassing me?
Michael Diederich Jr.
Michael Diederich Jr. answered on Oct 25, 2018

I concur with what Mr. Urba wrote. However, if the harassment is sexual in nature, or motivated by factors such as your race, national origin, religion, gender, etc. (i.e., where the law provides protection), then I suggest you discuss with a competent employment lawyer for advise on how to... Read more »

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2 Answers | Asked in Employment Law and Workers' Compensation for New York on
Q: I have/diagnosed with bi-lateral carpal tunnel syndrome in 2015, fell at work Oct 2015 and have an active WC claim and

received a separation letter from my employer while i'm on medical leave since mid-Jan 2018 to present. I have a legal counsel helping me to negotiate a termination package, however not totally satisfied as I feel I'm being medically discriminated against and now terminated, but if i sign the... Read more »

Michael Diederich Jr.
Michael Diederich Jr. answered on Oct 23, 2018

Law firms representing employees or terminated employees can assess cases differently. I might decide that I can handle a case without requiring any payment toward my attorney fees, whereas another firm might demand the payment of fees. If your present attorney requires upfront money to... Read more »

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3 Answers | Asked in Employment Discrimination for New York on
Q: My employer requires women to wear skirts and men to wear pants. I'm a woman who isn't comfortable wearing a skirt. Am I

still required to wear one?

Michael Diederich Jr.
Michael Diederich Jr. answered on Oct 19, 2018

Is there a uniform requirement, and if so, is that a reasonable requirement of the job. The reason for your discomfort may be relevant. Religious reasons? If you feel strongly enough about this, you should consult with an employment lawyer, and preferably BEFORE you have problems with your... Read more »

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1 Answer | Asked in Employment Law and Employment Discrimination for New York on
Q: Looking for a lawyer to help me on similar and worst case against Sumitomo

...

Michael Diederich Jr.
Michael Diederich Jr. answered on Aug 15, 2018

If you are worried that your employer may act in a discriminatory or retaliatory fashion, it is always best to consult with an employment lawyer BEFORE the employer takes adverse action. Some employment lawyers offer free telephone consultations.

2 Answers | Asked in Sexual Harassment for New York on
Q: Is it possible to file an anonymous sexual harassment claim?
Michael Diederich Jr.
Michael Diederich Jr. answered on Jun 23, 2018

HR represents management, not you. I tend not to trust HR Departments. Under one set of facts I would agree with what Mr. Urba wrote below. However, your particular facts may warrant an anonymous complaint, which you could do using an attorney as your agent, where the attorney would not... Read more »

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1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: Can an employer ask you to reveal what religious observance day you are asking for?

Asked, when requesting RELOB “are you observing one this Friday”?

Michael Diederich Jr.
Michael Diederich Jr. answered on Jun 4, 2018

If you wish to be accommodated for your religious beliefs, the employer should be informed of your desired accommodation (e.g., if you wish to observe a religious holiday).

1 Answer | Asked in Employment Discrimination for New York on
Q: Does my boss have to allow me time off for religious holidays?
Michael Diederich Jr.
Michael Diederich Jr. answered on May 18, 2018

As with many legal issues "it depends." Discrimination based upon religion is illegal. On the other hand, if, for example, all police officers or hospital staff are Christian, someone still must work on Christmas and Easter.

3 Answers | Asked in Employment Discrimination for New York on
Q: After 20+ years of work with company had heart surgery, took 12 weeks off, now demoted and threatened to be fired daily.

I can still perform my job and have only 2 years until retirement.

Was demoted while off for disability leave and it seems like the company is trying to make me fail at my job or quit.

Is there a case under Americans with Disabilities Act?

Michael Diederich Jr.
Michael Diederich Jr. answered on Apr 25, 2018

If your employer perceives you to be disabled (as to a qualifying disability), or if you have a record of such disability or have the disability, AND you can perform the essentials functions of your job (with or without reasonable accommodation), and the employer is large enough to be covered by... Read more »

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2 Answers | Asked in Sexual Harassment for New York on
Q: If i work in a office building and employees from another company sexually harassed me, can i sue them for it?

Would it be considered business if i managed the loading dock,packages, fire safety,calling to confirm appointments, for the companys of the building while at the front desk?

Michael Diederich Jr.
Michael Diederich Jr. answered on Apr 17, 2018

If your company has no power or control over the other companies employees, then the employment discrimination laws do not protect you directly. However, their conduct may be individually tortious. For example, if one touched you without your consent, that would be tortious--a common law... Read more »

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2 Answers | Asked in Employment Discrimination for New York on
Q: What kind of information do you need access to in order to prove that men are being paid more at your work?
Michael Diederich Jr.
Michael Diederich Jr. answered on Apr 6, 2018

I concur with Mr. Urba's response. If you have a bona fide belief that there is an unlawful pay differential, I would suggest you hire an employment lawyer to help prepare and file a complaint of discrimination with the US EEOC or the NYS DHR. Those agencies may be able to obtain the relevant pay... Read more »

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1 Answer | Asked in Internet Law, Sexual Harassment and Communications Law for New York on
Q: I was in a long-distance relationship with a guy from Florida who threatened to leak my nudes

He started to threaten me when we broke up, it happened multiple times, and after each time he said he deleted my pictures.

I don't know if he still has them or not, what can I do if I find out he leaked them?

Michael Diederich Jr.
Michael Diederich Jr. answered on Apr 5, 2018

My recommendation: hire a Florida attorney to discuss the issue, and write your former boyfriend a letter. If he is trying to obtain something from you under threat of releasing the photos, the local district attorney may also be interested and perhaps able to help.

4 Answers | Asked in Employment Discrimination for New York on
Q: Can an employer cancel your medical coverage after you have been enrolled for any reason?

My wife is 8 months pregnant and her due date is, Jan 1st. She started a new job on 10/11 and she goes on leave 12/15. Her current HR told her she is only covered until 12/31 and then she will not be covered anymore. They told her she cannot enroll for new coverage until 11/2018. Is this possible?... Read more »

Michael Diederich Jr.
Michael Diederich Jr. answered on Nov 28, 2017

Mr. Urba's responses are sound.

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3 Answers | Asked in Employment Law and Sexual Harassment for New York on
Q: I need a lawyer to represent me for unemployment,and sexual harassment and workplace violence.

I have been complaining to several people at Tops Markets about the work place harassment and the abuse.I was then fired for a excuse to get me out.they agreed in writing to uncontested unemployment then they sent in a damming claim letter.

Michael Diederich Jr.
Michael Diederich Jr. answered on Nov 15, 2017

You should speak with an employment lawyer. Some employment lawyers, such as my office, provide a free telephone consultation. Unlawful employment discrimination or reprisal often directly relates to an unemployment insurance claim.

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3 Answers | Asked in Employment Discrimination, Employment Law and Insurance Defense for New York on
Q: Can i be fired after 10yrs working for insurance company, even tho I disclosed felony in app and when questioned by HR

Co hired new bkgtound co and gr larceny felony came up. Asked if I have waiver which I never was told i needed one. I enroll people for insurance which doesn't req a license

Michael Diederich Jr.
Michael Diederich Jr. answered on Sep 29, 2017

Seems you are saying that you have been, or may be, fired for the old felony conviction. Do you think bias may be involved as well? Is your employment in NYC? A useful site is: https://www.justicecenter.ny.gov/nyc-fair-chance-act-ban-box .

If you are fired, you should discuss with an...
Read more »

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2 Answers | Asked in Employment Discrimination for New York on
Q: Is it legal to take a shift away from a pregnant bartender or waitress?
Michael Diederich Jr.
Michael Diederich Jr. answered on Aug 30, 2017

Generally speaking, of an adverse job action is motivated by gender bias, it's illegal.

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2 Answers | Asked in Sexual Harassment for New York on
Q: Am I able to sue my employer if I'm a nanny for sexual harassment

- I read somewhere there had to be four or more employees.

Michael Diederich Jr.
Michael Diederich Jr. answered on Aug 18, 2017

Not your situation, when when there are more employees then federal law may apply (with limitation periods LESS than 1 year, e.g., 180 or 300 days, depending upon the State and federal claim).

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2 Answers | Asked in Employment Law and Employment Discrimination for New York on
Q: Layoff from small business questions

I live in NYS but worked for a small, company based in CA for the past 2.5 years. I was suddenly laid off, along with another woman (we make up 66% of the female workforce at this company) with no notice, under the guise that they were running out of money. I was also told, that they thought I... Read more »

Michael Diederich Jr.
Michael Diederich Jr. answered on Jul 28, 2017

It is unclear where you worked from your question. If there were more than 15 full-time employees, federal law (Title VII) may provide protection if the layoff was motivated by gender discrimination. I recommend you discuss this with an employment lawyer who represents workers. Most of us will,... Read more »

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2 Answers | Asked in Employment Discrimination for New York on
Q: Is there a limit on how long I have to report harassment at work?
Michael Diederich Jr.
Michael Diederich Jr. answered on Apr 28, 2017

"Harassment" is a broad term, and whether you have a requirement to report it depends upon many things. If the harassment is against you (or someone you wish to protect from harassment), and the harassment is motivated by your race, national origin, gender, religion or other personal... Read more »

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