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Questions Answered by V. Jonas Urba
1 Answer | Asked in Employment Law for New York on
Q: i receive severance pay for 9 weeks. Ami eligible to receive unemployment starting week 10 or

or my eligibility is based on the amount of severance package i received divided by $504 and then i can apply? Severance is paid in lump sum

V. Jonas Urba
V. Jonas Urba answered on Nov 17, 2020

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 »

1 Answer | Asked in Employment Law for New York on
Q: Hi What legally can happen if I choose to treat my ADD and I need accommodations?

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 .

V. Jonas Urba
V. Jonas Urba answered on Nov 8, 2020

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 »

1 Answer | Asked in Cannabis & Marijuana Law and Employment Discrimination for New York on
Q: offered a job at a big box retailer. They were aware of medical marjuana use. Now offer taken back from employer.

Medical marihuana use was divulged during interview, they still offered a position. Now they say - will not hire you unless a drug test can be passed.

V. Jonas Urba
V. Jonas Urba answered on Oct 30, 2020

Medical marijuana and recreational marijuana are different. I can not vouch for the legitimacy or accuracy of the below link but it sounds basically correct:

https://www.cannamd.com/whats-the-difference-between-medical-recreational-marijuana/

If you do not undergo the testing then...
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1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: Hi, I have a no compete w/ a severance clause included. How hard/costly would be to get this voided so I can work ?

The parent company recently bought a similar company to the one I work for now and they are taking over all areas and top mgmt is being filled with their people. Many people are being fired. No communication is being shared as to how the team is being selected. It is supposed to be a merger but a... Read more »

V. Jonas Urba
V. Jonas Urba answered on Oct 30, 2020

Your question deals with employee choice doctrine. If you accept money then you are bound by the non-compete terms no matter how severe or possibly illegal.

If you choose not to accept the severance pay and are being fired through no fault of your own then the non-compete itself might be...
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1 Answer | Asked in Employment Law for New York on
Q: Rights violation

At my work I put in for paid family leave of absence and the only one I told about it was human resources. A few days after some of my fellow coworkers we’re coming up to me saying I heard you were taking a leave soon? Do I have any recourse against the company I work for being that human... Read more »

V. Jonas Urba
V. Jonas Urba answered on Oct 16, 2020

What are your damages? It's one of the first questions an employment lawyer is trying to answer when they speak with you in an initial telephone conference.

Was there an adverse employment action? You were not terminated nor were you demoted with a loss in pay or passed over for a...
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1 Answer | Asked in Employment Law for New York on
Q: Is it legal for a company to avoid NYC minimum overtime exempt salary requirements by having an out of state address?

The company has an address in CT and rents office space in Manhattan where their NYC employees report to. Salaried employees get paid $25-$40K per year and do not get paid overtime. Employer rationale is that they are not a NYC employer because they're based in CT.

V. Jonas Urba
V. Jonas Urba answered on Sep 23, 2020

Sounds ridiculous.

Every employer who does business in New York State must comply with New York State's Labor Laws. Any employer who does business in New York City must comply with both New York State's and New York City's Labor Laws.

No full time employee earns less...
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1 Answer | Asked in Employment Law for New York on
Q: As a job seeker, can I sue an employer who posts a discriminatory job posting?

I've encountered over a dozen so far. They ask for female _____ or a black or latinx _____ directly, for example. Some just say "preference for African American".

How the hell is this legal?

Is there no legal way to stop this blatant discrimination.

If I can... Read more »

V. Jonas Urba
V. Jonas Urba answered on Sep 23, 2020

There certainly is. You copy the posting everywhere you find it. Then you apply for the position. If you meet the posted qualifications and you are not hired you have a claim.

FYI. There are professional plaintiffs out there who look for discriminatory postings around the country and...
Read more »

1 Answer | Asked in Employment Law for New York on
Q: I’m a gay male. My yearly salary is $3-6K (5-10%) less than my 2 female counterparts. Do I have a potential EPA case?

The company I work at is majority female run. My department head is female, my manager is female, and my counterparts are female. All HR personal are female. My title is the same as my female counter parts, as are my roles and responsibilities. My effort and performance is on par or better, and I... Read more »

V. Jonas Urba
V. Jonas Urba answered on Sep 22, 2020

Maybe. Your sexual orientation or identity makes no difference regarding the application of federal or state laws. You should discuss this issue with some employment lawyers in confidence. There are many different ways to approach it. Skilled employment lawyers may be able to help you.

1 Answer | Asked in Employment Law for New York on
Q: Can my employer charge me for some favors which was done voluntarily?

I have worked for a company for 2 weeks. They only paid half of my wages but they helped me with accommodation and transportation from house to work place. We did not make any contract, I did not sign anything but working hours and pay rate were written on an application. I had to leave the country... Read more »

V. Jonas Urba
V. Jonas Urba answered on Sep 17, 2020

Everyone in New York State is entitled to be paid no less than minimum wage for all labor which an employer permits an employee to suffer. However, an employer is also entitled to recover any loans or advances to which employer and employee agreed. Some lawyer will need to review all documentation,... Read more »

1 Answer | Asked in Employment Law for New York on
Q: My supervisor told me over text that he will begin to pay me $20 an hour. A jump from $17 an hour.

I recently just checked to see if he was consistant with that and it went back to $17. Is this something that is legal in NYC? August 19th it was was increased. Now im back to 17 without anyone telling me.

V. Jonas Urba
V. Jonas Urba answered on Sep 10, 2020

New York State's Wage Theft Prevention Act (WTPA) mandates that employers provide employees with written notices of pay rates and changes.

Contact the New York State Department of Labor regarding failure to provide notices. They should investigate that issue. Penalties might be...
Read more »

1 Answer | Asked in Employment Law for New York on
Q: State said it has information detecting that my friend is currently working when he stopped. What should he do?

My friend has been working for a 4-week internship during the summer. He worked for 5 days a week, however he claimed for three days. The state is now asking him to provide information regarding my employer offering me internship, and asking which days of the week he worked for. What should he do... Read more »

V. Jonas Urba
V. Jonas Urba answered on Sep 7, 2020

The state, meaning the DOL, can detect the specific IP address where any claimant logs in to certify for benefits. The DOL also warns claimants to never disclose their login credentials to anyone else. When someone other than the claimant certifies for benefits the DOL discovers that as well. It is... Read more »

1 Answer | Asked in Employment Law for New York on
Q: I started a new job and found out everyone in department has had covid19. To protect myself I wear masks

started a new job and found out everyone in department has had covid19. To protect myself I wear surgical masks my supervisor called me to her office to tell me she's not comfortable with me wearing a mask. In my interview i was told They practice all cdc guidelines which i found out is a... Read more »

V. Jonas Urba
V. Jonas Urba answered on Sep 5, 2020

Sorry to read that.

Most of us continue to wear masks because the studies show that masks protect other people from contracting any disease which we ourselves might carry unknowingly. I myself also feel better breathing through a mask although I know that if someone near me is not wearing...
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1 Answer | Asked in Employment Law for New York on
Q: Can a job let me go because they couldn't follow the doctor restriction on my doctor's note?

They let me go do to my attendance and that they couldn't follow the restriction the doctor put on my note. My attendance was only messed up due to the fact of my injury. My injury had happened at my job. I had injured my knee cap

V. Jonas Urba
V. Jonas Urba answered on Sep 1, 2020

Short response is that an employer must make reasonable accommodations for employees capable of performing the essential functions of their jobs with or without accommodation.

However if the necessary accommodation causes an undue hardship for an employer no employer has to incur same. What...
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1 Answer | Asked in Employment Law for New York on
Q: Can you get fired for a PERSONSAL email accidentally sent to a coworker?

I am a govt worker in NY. On the weekend, I was sending a personal email to a friend. I playfully made a sexual remark about a female coworker. But at that very moment, I was in a personal email back-and-forth with another female coworker.

I accidentally sent the email about the female... Read more »

V. Jonas Urba
V. Jonas Urba answered on Aug 31, 2020

It's hard to say because we don't know exactly what the email said and you don't want to post that on a public forum.

The problem with offensive comments is that none of us truly knows what some other person might find offensive. And what the person finds non-offensive today...
Read more »

2 Answers | Asked in Employment Discrimination, Employment Law and Banking for New York on
Q: Can an employer threaten to fire you for using a phone during work hours?

My supervisor said he was sent an email stating my employer wanted to fire me for using a phone during work hours, which I have done previously for over a year. I and another employee, both women of color, were told we were acting suspicious and how they were afraid we were planning a robbery at... Read more »

V. Jonas Urba
V. Jonas Urba answered on Aug 22, 2020

Maybe? Are you working in a hostile workplace? What evidence is there that black and/or Hispanic or other minority employees are being targeted? Have similar threats been made against other employees who may not be protected? Have you suffered an adverse employment action?

One threat may...
Read more »

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1 Answer | Asked in Employment Law and Employment Discrimination for New York on
Q: Can you be denied employment due to positive TB test?

Previously had been diagnosed and treated for LTBI (Latent TB infection) and informed HR/Manager of my previous history as a negative TB test is required for employment. Due to LTBI I will never have a negative test. Now the employer is revoking the job offer.

V. Jonas Urba
V. Jonas Urba answered on Aug 21, 2020

Call 518-474-7000 the New York State Deprtment of Health. It oversees TB testing and treatment regimens. If you work in one of the many industries where it is necessary to prove that you are not infectious you may have to show a particular treatment regimen. Once you comply with whatever New York... Read more »

1 Answer | Asked in Employment Discrimination for New York on
Q: Can an employer turn me down for a position after I complained about the program's wrongdoings?

I put a complaint in with the Human Resource department about the wrongs that were going on in my program and the injustice that was going on. I applied to several positions withing my company to which I've gotten denied to all. I applied for a directors position and the position was given to... Read more »

V. Jonas Urba
V. Jonas Urba answered on Aug 19, 2020

It may be challenging for any lawyer to provide you with sufficient suggestions based on the facts you mentioned.

If you work within a government or quasi government organization different considerations come into play.

You mention wrongs and injustice. We have to examine whether...
Read more »

1 Answer | Asked in Employment Law for New York on
Q: Is my employer supposed to ask me for documentation to support the reason why I can not return to work physically?

My children are going to be attending school remotely and my employer wants me to supply them with documentation that proves this point. Is it legal for them to ask me for documentation when the whole world is affected by COVID-19, it's not like I do not want to return to work physically but... Read more »

V. Jonas Urba
V. Jonas Urba answered on Aug 19, 2020

The documentation is to try to protect your job. Many employees are losing their jobs. You have a duty to cooperate with reasonable requests by your employer. For example, if you had vacationed in a COVID-19 hotspot state the employer could require you to quarantine and undergo tests to prove that... Read more »

1 Answer | Asked in Immigration Law for New York on
Q: I am an international student on an L-2 visa. Can I sell my things online on this visa?

From my understanding, I am not allowed to work at all with this L-2 visa. I wanted to sell some of my things online on websites such as Etsy or Depop (handmade earrings, clothes, etc.), for some passive income. Would I be allowed to sell these things and make money that way? Or does that still go... Read more »

V. Jonas Urba
V. Jonas Urba answered on Aug 13, 2020

Your question should be addressed by an immigration lawyer.

1 Answer | Asked in Employment Law for New York on
Q: can you go on vacation in US while on unemployment in NY, can it still be considered ready willing and able to work?

It seems that the NYS dept of labor asks you to notify them if you travel outside of the country. So common sense says that while traveling in the US, you can still collect unemployment

V. Jonas Urba
V. Jonas Urba answered on Aug 10, 2020

Doesn't matter where you travel. When you log into your DOL portal and if the person logging in is not you or you are logging in from a location which is not your residence or home base (easy for DOL to track that) you better be able to explain why.

If you tell DOL that you are...
Read more »

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