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Questions Answered by V. Jonas Urba

1 Answer | Asked in Employment Law for New York on

Q: Can my employer change our employment contract after I signed it?

I was contracted to work a specific schedule at a yearly salary; after I signed this contract, the schedule was modified and I was informed if I wasn’t able to work those hours that I would be terminated. I remained due to financial need, however not only was I not compensated for the additional... Read more »

V. Jonas Urba answered on Aug 20, 2019

Was the first contract "at will"? If so they willed to change it and it looks like you willed to accept it.

Have an employment lawyer review the agreement if you truly believe it was a contract and not simply an offer subject to amendment and change at any time. The longer you accept the...
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1 Answer | Asked in Employment Law for New York on

Q: In less than a year my HR personnel has made numerous errors including asking me to do an illegal activity.

My only HR contact has provided me with consistent incorrect information regarding my pay, benefits and my employment status. She asked me to sign her name on a company credit card and when I refused she stated I should sign or not work. She deposited three different pay amounts without any... Read more »

V. Jonas Urba answered on Aug 19, 2019

Incompetence is not illegal. But don't count on or try to get HR fired.

Discrimination is illegal. Nothing in your facts describes why this may have been discriminatory. Is there any evidence to support that your membership in one or more protected classes of employees (i.e. you suffer with...
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1 Answer | Asked in Employment Law for New York on

Q: Can you get legally fired from a job via text message?

V. Jonas Urba answered on Aug 13, 2019

Did you receive the text? Would you rather have faced the employer when they told you? If so how would that have made any difference assuming you are "at will" which means that the employer needs absolutely no reason to get rid of you. None. They decide "this is not the place for you" and you're... Read more »

2 Answers | Asked in Employment Law for New York on

Q: NY employer asking me to sign agreement that I am responsible for any damage to equipment, including accidental. Legal?

I'm an "at will" employee and the equipment I use is only laptop, phone, etc. However, I don't want to agree to be responsible for any damage if I don't have to. I understand that if the damage is caused by gross negligence or on purpose, but this agreement would cover everything except "normal... Read more »

V. Jonas Urba answered on Aug 12, 2019

Here's a link to Section 193 of New York's Labor Law.

https://www.labor.ny.gov/formsdocs/wp/ls605.pdf

Not legal advice. No lawyer client relationship. No assurance that this is the latest version of Section 193 nor that it is all inclusive. Contact a New York employment lawyer to...
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1 Answer | Asked in Employment Law for New York on

Q: Can I fire an employee in NY for calling off sick multiple times for the last couple months?

My dental assistant has been continuously calling off work for feeling sick or being in the hospital yet is coming up with multiple excuses as to why he can't produce hospital records or doctor notes. I never made him sign a contract when I hired him so I am unsure how to go about firing him. I... Read more »

V. Jonas Urba answered on Aug 1, 2019

Please call employment lawyers some of whom serve all of NYS. There are local laws which forbid asking for medical excuse documentation except if certain conditions are met. Each employee is unique unless you have an employee handbook and apply policies uniformly.

1 Answer | Asked in Employment Law for New York on

Q: hi need to know please in my firm is leading me to illness due to the fact that my office is a basement and they just

inform me verbally that my office environment is not safe and they don't do anything about it. i am 63 years lady working in an american institution and my green card issued in new york. i am tired of being ill all the time what is your advice thank you .

V. Jonas Urba answered on Jul 29, 2019

Sorry to hear that. Your question might be better answered by an immigration lawyer. Before you consider filing formal complaints with any governmental agencies. Good luck.

1 Answer | Asked in Employment Law for New York on

Q: I have a severance package from work. Need a lawyer to Look at it before I sign it. Thank you

V. Jonas Urba answered on Jul 23, 2019

Sounds great. Flat rates. Employment lawyers are your best option. Thanks.

1 Answer | Asked in Employment Law for New York on

Q: I'm being terminated and only paid 3 months of severance. How can I negotiate my severance package?

I work at a technology company in New York and have been employed for 2 years. I'm being asked to sign termination paperwork that includes a lump sum severance payment, worth around 14 weeks of pay. I don't think this is sufficient given that I'll need to leave the US afterwards.

Should I... Read more »

V. Jonas Urba answered on Jul 18, 2019

If you will need to leave the U.S. that sounds like a Visa / immigration issue.

Contact an immigration lawyer familiar with H1B or whatever type of work Visa you may have. Those lawyers emphasize or specialize in immigration issues.

No employer in the U.S. is required to pay any...
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1 Answer | Asked in Employment Discrimination and Employment Law for New York on

Q: Employment lawyer

I work a company in NYC for the past 15 years , requesting all my employment paper work via certified mail 3 times at the time of hire more than 6 months ago , my employer ignored all communications. Did I’m entitle to get a copy or get a response from my employer. I would like to know my rights.

V. Jonas Urba answered on Jun 19, 2019

If you work for the government you are entitled to request copies of your personnel file.

If you work for a private employer which is subject to New York's Labor Laws there is no right for any employee to obtain copies of their personnel file unless the employer has negotiated same in her...
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1 Answer | Asked in Employment Law for New York on

Q: I need to know what New York States requirements are for Pharmacy Technicians on a name tag

We’re being told by a manager that our first name isn’t enough- that they now want the first initial of our last name; from what I have researched that’s a NJ requirement. If someone can clarify.

V. Jonas Urba answered on Jun 14, 2019

Regardless of what the state law says if your employer requires the first initial of a last name on a name tag I don't see how you might object? Unless you don't want to work there any more.

Common laws live in New York. Those are unwritten laws such as Faithless Servant Doctrine, Master...
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2 Answers | Asked in Employment Law and Employment Discrimination for New York on

Q: If the EEOC complaint does not have certain parties named, does that mean I cannot add them to a summons and complaint

If the EEOC complaint does not have certain parties named, does that mean I cannot add them and other claims to a summons and complaint later on?

V. Jonas Urba answered on Jun 13, 2019

You need to amend your Form 5 EEOC charge while it is still at the EEOC or file a new one ASAP if you have not missed the filing deadline. Adding parties regarding claims that the EEOC has jurisdiction over is not a good idea. You might miss a statute of limitations deadline and/or the Court might... Read more »

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1 Answer | Asked in Employment Law for New York on

Q: Is my boss liable if he ignores my health issues and I get sick at work?

I had a heart attack at work 2 months ago working my day shift. The overnight guy quit and my boss now wants me to work overnights alone, where I could not call for help if I get sick again. If I were to get sick or die is the company liable knowing that I have a health issue? Thanks.

V. Jonas Urba answered on Jun 8, 2019

You must be able to perform the essential functions of your job with or without a reasonable accommodation. If you are disabled ask your physician whether you require an accommodation. But be careful if the accommodation causes an undue hardship for your employer which would permit them to replace... Read more »

2 Answers | Asked in Employment Law and Business Law for New York on

Q: Can a business withold an employee's earnings?

Accounting said they paid double overtime by accident and that they need retribution. They are withholding my paycheck until i sign a form and say they can take it out of future paychecks.

V. Jonas Urba answered on Jun 7, 2019

I think you meant to write "restitution." If you pay anyone more than they are entitled to they will need to pay you back. You accidentally hand the McDonalds clerk a 50 instead of a 20 but only get change for a 20 they do not get to keep the excess unless they honestly did not see that you handed... Read more »

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1 Answer | Asked in Employment Law and Child Custody for New York on

Q: If i get fired and i dont know the reason, can i go back and ask why i got fired?

V. Jonas Urba answered on May 28, 2019

Always a good idea. If you apply for unemployment the employer might claim you quit. So make sure you tell the employer this was not your choice and remind them that you needed and wanted the job. Ask why me?

1 Answer | Asked in Employment Law for New York on

Q: Hello I live in Albany NY and I need either a Pro-Bono attorney or Contingent Employment Attorney. Please Help !

While working, I was injured on the job and went to the doctor on the same day. There was 4 employee witnesses and I told my boss also on the same. Because the nature of the incident and where the injury occurred "at the CEO's home" I was in fear of my job I started voice recording after I was... Read more »

V. Jonas Urba answered on May 24, 2019

#1. You definitely need a work comp lawyer. Retain one now! You only owe $ if they recover $ for you so it makes no sense not to.

#2. The EEOC or NYS DHR will determine whether you have enough facts to support discriminatory termination. Recording or no recording it's a fact issue. No case...
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1 Answer | Asked in Employment Law for New York on

Q: Can they legally do this?

Gave my two weeks to my job Thursday they accepted it the schedule for the next week was out. Went in to work my next shift and was told I could go home and they mailed my check. My coworker said they took down the old schedule and removed me from the schedule. I called my boss no one has answered... Read more »

V. Jonas Urba answered on May 20, 2019

If you gave 2 weeks notice of your resignation your employer has to pay you for 2 weeks or they risk losing your presumed application for unemployment benefits.

If you apply for unemployment benefits and are denied there will be an analysis of gross misconduct to decide whether you qualify....
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1 Answer | Asked in Personal Injury, Workers' Compensation and Employment Discrimination for New York on

Q: Can I sue my place of employment for pain and suffering due to a fall while I was pregnant

The fall at Northwell Health Lij resulted in a life threatening situation for my daughter and I , and I underwent 2 back surgeries. I had to leave my home and move in with my parents for financial and medical reasons. It led me to file section 32 which required me to resign, however the resignation... Read more »

V. Jonas Urba answered on May 16, 2019

Consult with personal injury lawyers. Maybe a third party lawsuit? Constructive discharge is very difficult to prove. You were either able to perform your job duties with accommodation or were not. Did you request any type of reasonable accommodation and if it was reasonable and not an undue... Read more »

2 Answers | Asked in Employment Discrimination and Employment Law for New York on

Q: I was fired from my job 2 months ago and i believe i was discriminated against. What should I do?

About 2 months ago I was fired from my factory job. I was accused of causing harm to a coworker, which is totally false. The accuser lied about what happened and lied about having witnesses. I was fired that day and filed a grievance. I tried to get ahold of my union rep but i haven't heard a thing... Read more »

V. Jonas Urba answered on May 14, 2019

Every plaintiff has to prove discrimination. That is done with a plausible theory of severe or pervasive discriminatory conduct. This sounds very lawyer-like; I know. But that's why you really need to retain an employment lawyer before filing charges or a complaint.

You can file charges...
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1 Answer | Asked in Employment Law for New York on

Q: My boss just fired me. Can I make a claim for dismissal without cause?

V. Jonas Urba answered on Apr 30, 2019

Cause is not necessary unless:

1) You worked for the government.

2) Your union contract requires cause.

3) You operate under a private, written contract of employment which requires cause.

If none of the above, were you discriminated against while employed, and how...
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1 Answer | Asked in Employment Law for New York on

Q: Hicks et al v. T.L. Cannon Management Corp. et al I believe I signed and returned my letter when I received it

I had moved though and wanted to make sure that my updated address was on file for me to receive any further mailings pertaining to this case, how would I go about doing that?

V. Jonas Urba answered on Apr 25, 2019

Mail a Notice of change of address to the court and copy all counsel of record or parties if any are not represented.

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