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My work insisted that I come in since I was on antibiotics and wasn't contagious anymore. I was still coughing and could not work. They have warned me that this is unacceptable behavior. Can I sue?
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answered on Feb 6, 2024
Whether you might have protection under the federal Family and Medical Leave Act, the Americans with Disabilities Act, or similar state or municipal law is very fact-specific.
If you had (or faked) a minor illness the day before departing for vacation (and were well enough to go on... View More 
Hello, my name is Brian I recently contracted COVID-19. I informed my manager of this inconvenience to which she replied. Thanks for the heads up. Two days later I get a message from her stating that other employees are sick and there is no coverage for the night I reply to her by saying I feel a... View More
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answered on Sep 19, 2023
Depending on the size of the employer and your length of employment, you may be protected by the federal Family Medical Leave Act, as well by parallel state or municipal law.
It would have been responsible--indeed, immoral-- for you to go to work while contagious with Covid-19. it may... View More
I worked there for 6 yrs. They paid family leave for 3 months after he committed suicide and when I tried to return I was told I wasn't needed any longer. When I went for unemployment I was then forbidden to ever step foot on the proerty and I was denied unemployment bc they stated that I... View More
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answered on Jul 24, 2023
Sad story. Unfortunately, statutes of limitations are controlling, and only in rare instances can be avoided.
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answered on Jul 14, 2023
If you believe you may be the victim of disability discrimination in violation of the Americans with Disabilities Act (ADA) or a parallel state anti-discrimination statute, I suggest you contact the "lawyer referral service" of the local bar association to identify an attorney who can... View More
i stopped coming to work out of fear and was fired. Could I sue for sexual harassment?
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answered on Jun 5, 2023
Legal remedies depend upon where you live. Federal law applies nationally, and includes Title VII protection against sexual harassment and gender discrimination. States and localities can enact laws that protect against sexual harassment. Different time requirements, and potential administrative... View More
I have a new supervisor who just started. I've been in the department longer than her. She's giving me unrealistic timelines to complete tasks, she's rude , she's and always undermining my work. She's always mentioning my age and thinks I'm too young for the position... View More
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answered on Jun 5, 2023
The ability to sue depends upon where you live. Federal law applies nationally but states and localities also enact laws protective of workers.
I recommend that you consult with an experienced employment lawyer, who can ask you relevant questions, for example, whether you are male and... View More
An ex-friend accused me of adultery with her husband who she separated from. I have multiple text messages, and Facebook admitting to her slandering me to others as well as 3rd party sources and friends informing me of what she's said. It's my word against hers; how do I prove that I am... View More
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answered on Feb 6, 2023
I suggest you hire a lawyer to write a "cease and desist" letter to your ex-friend. The lawyer will likely inform your ex-friend that publishing defamatory statements would subject your ex-friend to liability regarding any and all damages suffered by you. And that falsely accusing... View More
A company keeps demanding that I give an "attestation" as to whether or not I have been given the newest vaccine. The job is completely remote, I work entirely from home.
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answered on Sep 3, 2022
The law regarding COVID vaccination mandates/reporting is developing, including state by state. Consult with an employment lawyer licensed in your jurisdiction. The NYS Bar Association has published 2 articles of mine on the topic.
Lawyers may be interested in attending (in person or... View More
It's wrong, because he worked a lot of overtime that company forse him to do and a lot of time set him up. What should he do?
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answered on Nov 24, 2019
You do not state the reason for the warning. If it was poor performance, that is a basis for job termination.
Overtime is (presumably) a separate issue here. Is your husband an hourly or salaried employee? If properly classified as an hourly employee, then he has certain rights... View More
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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... View More
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... View More
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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... View More
still required to wear one?
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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... View More
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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.
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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... View More
Asked, when requesting RELOB “are you observing one this Friday”?
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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).
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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.
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?
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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... View More
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?
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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... View More
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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... View More
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?
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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.
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