Employment applications are invitations to be considered for employment. They are not contracts nor do they guarantee that someone will be considered for a job. Many require certifications that accurate, complete, and truthful information is being provided under penalties of perjury.
I work for a Fortune 125 Corporation in Upstate New York and they've always done random, suspicionless drug testing. They fire folks based on a positive test for THC. It's a supplemental insurance company, and I just work in policy service.
Have you considered "Harmless Error Doctrine"? You could win the battle but lose the war.
Let me explain. You challenge your termination because marijuana use is legal, they tested you with a positive result, and you were fired in my hypothetical scenario. Technically, you might...Read more »
NYC Labor Law Question for Medical Practice: (1) If we find proof that a doctor employed by our practice is also working for another practice during their employment contract with us, and during our practice office hours, thus violating the non-compete agreement, are we entitled to collect any... Read more »
A lawyer should review the contract or restrictive covenants which have allegedly been broken. Deducting pay or benefits without following notice provisions in the contract should not occur. Serving notice is usually the first step in the process. Liquidated damages may be permissible while...Read more »
In the PDF you see the signed contract and a copy of the passport of each actor. The originals are non-existing (paperless office). Would my PDF document/scan suffice in the court of law in the US should that be necessary one day?
1) You say that originals are non-existent but in today's digital world even if an original passport is destroyed, there will be a higher likelihood that individuals, governments or some entity of the hospitality industry may have stored...Read more »
Underwent knee surgery and have been off from work on a paid short-term disability. I received a job offer while on this leave, do I face any repercussions for giving my two weeks after not having worked in several months?
Hello , i work for a company for 8 months , they pay a base salary of 400$ a week plus commission, i started working on july 2020 , i made less that 2000$ in commission for the whole year of 2020 , i worked 100 hours a week on regular basis , am i entitled to minimum wage and over time , i logged... Read more »
Hello -- I am a startup founder in NYC looking for an employment lawyer who can answer a few clarification questions about our hiring. We are an app-based cleaning company hiring independent contractors as cleaners that will be matched to customers on our platform. The contractors choose their own... Read more »
I recall litigating this issue years ago on appeal. My client, who was paid 4 figures a day, had a written contract establishing them as an independent contractor. Both the employer and employee...Read more »
So I am wondering, will she be legally in trouble for having my buisness under her name and filing for unemployment? We live in the New York area. I am doing all the work and stuff just under her name so the buisness can be made
Does a Telehealth company need to meet particular requirements to contract a 1099 ecg technician to service a medical primary care providers patient population on the behalf of the primary care physician?
I am a salaried exempt director for a NFP. am being told that my position must be moved to an hourly rate because they cannot afford to meet the State minimum required salary for exempt salaried employees. I have held this salaried exempt position since accepting in 2013. In addition, I may not... Read more »
have salary inequity concerns at a private university in NY. i would like to request information on my peer's salary to assure indeed i am paid equitably. what are the wage transparency laws? can i legally request this information from my employer? my employer is a federal contractor
Under New York State Laws only civil service employees have access to their own and colleagues' personnel files. Private organizations don't even have to provide access to employees' own personnel files under New York Labor Laws.
You ask a very timely and valid question. We...Read more »
No lawyer can answer your question without reviewing your agreement. We speak with you first to get an idea about the work you do, the industry you are in, and what you plan to do. Sometimes you may be required to place both your current employer and your future employer on notice of the...Read more »
Is your employer motivated by an improper purpose to give others overtime which you are denied? For example, race, religion, color, gender, etc... are factors used by your employer when he decides who gets overtime? He cannot deny you overtime because you are a woman (just guessing) but he could...Read more »
My employer made me sign a contract stating I must give them 90 day notice before leaving. I find it excessive and I want to know what would I happen if I leave before. Also, that even if I give them the 90 notice but I take days off between the time I hand in my notice and my last day, I must work... Read more »
Maybe. You need to have an employment lawyer review the agreement you signed. Contracts are contracts although there are circumstances where they are not enforceable. Don't take chances. A little investment now can save you big bucks in the future. Retainers for entering appearances in federal...Read more »
Hello! Would one of the following be enough proof of self employment to qualify for PUA (pandemic unemployment assistance) ? : a check I received for a private lesson I taught in November 2020, check I reveived for a photo session I did in December 2020. I am a self employed actor and photographer.... Read more »
Is there a maximum amount or percentage a lawyer can charge for title V cases against a government agency settled at the EEOC level? I was told by a friend who practices family law out of State that the fees they can charge are capped similar to what disability lawyers can charge. Another piece of... Read more »
Apparently, you may be situated in a state outside of New York. I limit my active practice to New York State. Each state enacts laws regarding ethical behavior and conduct of lawyers. Many adopt the model rules but there are exceptions.
In New York State lawyers fees are determined by the...Read more »
i was hired as a cook in a kitchen and i was involved in a car accident (Not Job Related) which caused me to be out of work for six months.Upon my return to work i sent them all my doctors notes and letters with a date of return i was informed that their are no more positions in the kitchen and... Read more »
If you were "at will" they needed no reason to terminate you.
It looks like you may have been disabled. At least temporarily. The FMLA would have protected your job for at least 12 weeks. You would have completed FMLA paperwork if your employer had more than 50 employees and if...Read more »
Will severance, dismissal or termination pay be made prior to 30 days after your termination or severance date? If yes, you will need to disclose this pay to the DOL and your unemployment benefits will begin after your severance pay is "exhausted" based on your earnings. An employment...Read more »
I have had ADD many years. I have a expired IEP. I have had bad years of lack of focus. I want to go back to treat it with medication. However I have seen ADD is not on the list of disabilities a company has to offer accommodations for and can not penalized you for .
Generally, if you have no employment contract, you are not union represented, nor do you work for the government, you are considered "at will." The overwhelming majority of employees across the entire United States are "at will." That means that they can be fired for a good...Read more »
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