Questions Answered by V. Jonas Urba

Q: Candidate failed background check on batt charge. His lawyer is saying we still have to hire him per New York law?

2 Answers | Asked in Employment Law for New York on
Answered on Feb 18, 2019
V. Jonas Urba's answer
A charge is not a conviction. How would that alleged battery charge (maybe conviction?) related to the essential functions of the job the candidate will perform? Call some employment lawyers to discuss. Don't guess!

Q: Can a company’s division payroll their employees from their main company?

1 Answer | Asked in Employment Law for New York on
Answered on Feb 14, 2019
V. Jonas Urba's answer
Are you their internal watchdog? Why would you care as long as your paycheck does not bounce.

Q: Can I have a employment severance package reviewed free of charge?

1 Answer | Asked in Employment Law for New York on
Answered on Feb 8, 2019
V. Jonas Urba's answer
Initial phone consults are free. Reviewing any documents is usually a flat rate. Call or email for rates.

Q: An employer refuse to pay me ,,,,, what can I do ? based in Virginia

1 Answer | Asked in Employment Law for New York on
Answered on Feb 7, 2019
V. Jonas Urba's answer
Call the Department of Labor.

Q: I was wrongfully terminated from non-profit company (over 100 employees) in NY. I was a management employee.

1 Answer | Asked in Employment Law for New York on
Answered on Feb 7, 2019
V. Jonas Urba's answer
Are you at will? No contract? You might get back pay and then be fired again. Employers need no reason at all to fire at will employees. If you are not happy with this job find another one first before quitting this one.

Q: My boss fired me for being in the bathroom “too long”. She says I was in the bathroom for over 20 minutes. I wasn’t

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for New York on
Answered on Feb 5, 2019
V. Jonas Urba's answer
You can be fired for a good reason, bad reason or no reason at all as an "at will" employee. If you are non union, non civil service, or do not have a written contract of employment you are probably at will. Being in the bathroom is not an illegal reason to fire someone unless you told your employer about some medical condition which might require extended bathroom time. Unless you were told that excess bathroom time could get you fired you should be able to recover unemployment, barring gross...

Q: Can my employer press charges against me if they have webcam recordings from me at work?

2 Answers | Asked in Employment Law for New York on
Answered on Jan 15, 2019
V. Jonas Urba's answer
Read your employee handbook.

Bullying laws do not apply in workplaces unless you work in a school. There are no civility codes at work unless your employer has policies to prohibit such conduct. Was the "bullying" because of your age, race, national origin, gender, sexual orientation, marital status, disability, etc.... classes to which you belong as protected by Title VII of the Civil Rights Act of 1964, ADA, ADEA, FMLA, NYC Human Rights Law, NYS Human Rights Laws or other?...

Q: Employer was due to pay out a referral bonus to me. They laid me off and now refuses to pay. Is this legal?

1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Answered on Jan 8, 2019
V. Jonas Urba's answer
You should pay an employment lawyer to review whatever you signed and whatever documents promise you what you think you are owed. Otherwise contact the Department of Labor.

Q: I want to know if they are suing him or just the health care institution or both/? Do we need a personal lawyer?

2 Answers | Asked in Civil Litigation, Health Care Law and Sexual Harassment for New York on
Answered on Jan 2, 2019
V. Jonas Urba's answer
If your employer is named in the lawsuit then take the papers to the employer since you still work there. Your employer can not possibly defend you if they have no idea you were served. And if they find out you were served and did not tell them that could be a breach of some policy to notify your employer. The employer will or should tell you if you:

1) Need to worry

2) They will not defend you

3) You need to retain your own lawyer

If you don't get answers to...

Q: I was let go from my company on Wednesday Dec 12,2018. Today Dec 14,2018 is payday for hours worked Dec 3-Dec 7,2018 .

1 Answer | Asked in Employment Law for New York on
Answered on Dec 14, 2018
V. Jonas Urba's answer
You might consider googling New York state department of labor unpaid wages and that search will likely produce a claim or complaint form to recover unpaid wages.

Doing that will take time. But a lawsuit would be time consuming and more expensive. Good luck.

Q: Is it sexual harassment if I ask a coworker who's technically not at the same management level as me out on a date?

1 Answer | Asked in Sexual Harassment for New York on
Answered on Dec 11, 2018
V. Jonas Urba's answer
Isolated or scattered remarks even if unwelcome are almost never severe.

Harassment must be severe or pervasive meaning it's recurring. Of course your employer might have a dating policy and violating that is at your own risk.

You might want to run it by HR. I have heard of some employers in NYC asking employees who date to sign "love contracts." I think that's ludicrous and probably not enforceable but if your company requires that think about it if you value your job or if you...

Q: if you feel your employer is asking you to do something that puts your health and safety at risk, can you say no?

1 Answer | Asked in Employment Law for New York on
Answered on Dec 7, 2018
V. Jonas Urba's answer
If you need a medical accommodation that is reasonable ask for it. If your employer tells you that your request causes them an undue hardship they may have a point.

If your request causes an undue hardship for them and you can not negotiate some middle ground you may have to look for another job. Good luck.

Q: can an employer force a worker to work in a colder environment than normal without supplying proper insolated wear?

1 Answer | Asked in Employment Law for New York on
Answered on Dec 7, 2018
V. Jonas Urba's answer
Under New York's new paid family leave law your employer will have to pay for 50% of your sick time for 8 weeks this year if you get ill.

So providing you with proper work attire is simply smart business. They may not have to do so but it could cost them more long term.

Q: I hold the title of School Secretary (NYS). The school I was assigned to was for the position of School Secretary.

1 Answer | Asked in Employment Law for New York on
Answered on Dec 5, 2018
V. Jonas Urba's answer
You should ask your union that question.

Assuming you are not happy with the position change and reduced pay you should apply for other jobs immediately.

It's always better to be employed when you land another job.

Have you asked the principal whether there are skills which you could improve? We all have to learn new things constantly. Those skill enhancements may help you land another job. Good luck!

Q: I filed for NYS disability and have not received a reply. My last day of umployment was 10/19/18. What are my options?

1 Answer | Asked in Employment Law for New York on
Answered on Dec 2, 2018
V. Jonas Urba's answer
If you were receiving unemployment benefits that meant that you were ready willing and able to work.

If you are now applying for disability benefits your medical records better support hopefully with objective not simply subjective opinions why all of a sudden you are unable to work.

Under social security law you would not qualify unless you are unable to engage in substantial gainful activity. Determining that condition often takes years at the federal level.

The main...

Q: Is it legal in NY state for an employer to have a third party (another employee) send emails as if they were me?

1 Answer | Asked in Employment Law for New York on
Answered on Nov 30, 2018
V. Jonas Urba's answer
What are your damages? Who, could you prove, was responsible for sending emails that caused you to incur some type of financial loss? And that person or persons have assets assuring you that were you to recover against them on some tort or other theory they could or would pay?

Apparently something false was stated in those e-mails, that you suspect others believed, and that others believed you wrote, and you now want to clear your name, so that you can recover the damages you will prove...

Q: I just had a job offer rescinded after a background check due to a criminal conviction. Case?

2 Answers | Asked in Employment Law for New York on
Answered on Nov 28, 2018
V. Jonas Urba's answer
See previous conviction record as discussed by the New York State Department of Labor here:

https://www.labor.ny.gov/careerservices/ace/employers.shtm

If this does not answer the question, call employment lawyers for an in depth analysis of the specific facts of your job duties. A position description should be reviewed by the employment lawyer who evaluates your potential claim. Good luck.

Q: Do I have to provide my LES to my civilian employer after each drill?

2 Answers | Asked in Employment Law and Military Law for New York on
Answered on Nov 27, 2018
V. Jonas Urba's answer
Have you asked HR why they need it? There might be a very legitimate reason and if they are requiring that from all reservists why object? If you needed a workplace accommodation and your employer kept requesting more and more clarification from your physician would you not have to provide that; within reason?

Q: Is there a set time limit that I need to file a sexual harassment claim during? I didn't feel safe reporting until my

1 Answer | Asked in Sexual Harassment for New York on
Answered on Nov 26, 2018
V. Jonas Urba's answer
Employees need to report harassment. Of course now the New York State Law protects employees who are sole employees so unwelcome conduct by just the owner of a company would be covered.

You must file charges with the EEOC within 300 days of the last discriminatory action or 1 year to file a complaint with the NYS DHR alternatively.

The timely reporting and or filing is critical because often the retaliation claims are the best. If those who timely reported or witnesses who...

Q: I am a former employee of a hospital. One of my coworkers, whom I was very close with, has called me a stalker...

1 Answer | Asked in Employment Law for New York on
Answered on Nov 23, 2018
V. Jonas Urba's answer
What are your damages? Not simply emotional distress. Seek legal counsel to evaluate all of the facts, the people who have believed the false statements, the money you have lost because someone relied on the truth of those false statements which caused you financial loss of some type, etc... and good luck.

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