V. Jonas Urba's answer How do you know the sub was a non-employee. You can always contact the Department of Labor. That may not help you much but only the DOL can decide who is or who is not an employee. Even if everyone wanted to agree, in writing, that the unlicensed was independent. What both parties think is beside the point. The fact that you think they should have been licensed indicates that they probably did not have their own business nor other customers, probably did not decide how, how much, or when they...
V. Jonas Urba's answer Invest several hours with employment lawyers to uncover the relevant facts. Employment cases are all about the facts. Good luck. No one can reasonably provide an answer otherwise.
V. Jonas Urba's answer Have you asked your union, assuming you belong to one? Your union contract protects everyone. It's called a collective agreement for a reason.
If you have no union and you continue working for the lower pay have you ratified that? Meaning agreed to it?
If you have no written, signed contract of employment, privately, and are paid above minimum wage and overtime what would your cause of action be? Consult employment lawyers to review your documents including the above issues.
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!
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.
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...
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?...
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:
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...
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