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Questions Answered by V. Jonas Urba
1 Answer | Asked in Employment Law for New York on
Q: Can a New York employer take punitive action against employer for privately sharing their salary with a coworker?

The employee in question actually never signed any NDA, but was issued one awhile back that mentioned employees could not share or discuss salary information- is this clause even enforceable?

V. Jonas Urba
V. Jonas Urba answered on Oct 11, 2019

Were you working together with the co-worker to improve terms and conditions of employment?

https://www.nlrb.gov/rights-we-protect/rights/employer-union-rights-and-obligations

Federal laws protect collective efforts regardless of position or employer. Organize!

1 Answer | Asked in Employment Law, Gov & Administrative Law and Government Contracts for New York on
Q: Can Federal Labor law requiring employers to pay you overtime for mandatory training be waived in a Union Contract

I am a County Employee. As part of our collective bargaining agreement, the county requires us to attend mandatory training on our own time. My question is- can FLSA / Labor Law be negotiated away in a collective bargaining agreement?

V. Jonas Urba
V. Jonas Urba answered on Oct 7, 2019

Looks like that requires a thorough reading and analysis of your collective bargaining agreement. Most employment lawyers will probably charge for reviewing and analyzing employment contracts.

You can always present that issue to PERB the NYS Public Employment Relations Board. Generally,...
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1 Answer | Asked in Employment Law for New York on
Q: I've worked my job 2 years and have been drug tested 4times.I know people who have worked 10 years and have never tested

We have a random drug testing policy which is fine. My issue is with the frequency of testing. I feel singled out and racially profiled. As stated I know several other employees who have been with the company 10+ years and have never been tested

V. Jonas Urba
V. Jonas Urba answered on Sep 25, 2019

That's always possible but what's the adverse employment action? Demotion, non-promotion, termination, etc.... reduction in pay, other discrimination. And what are your damages and how would you prove them?

Don't get me wrong. You could very likely be a victim of discrimination. But if you...
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1 Answer | Asked in Employment Law and Personal Injury for New York on
Q: New York - My wife is 9 weeks pregnant. She was at work and witnessed her boss and an employee arguing. The employee

knocked over a flower vase full of water. She was then asked by the employee to take the two other vases to the basement. She slipped in the water which wasn't visible and walked towards the stairs. the stairs are concrete and glazed. she was holding two vases and proceeded to the stairs where she... Read more »

V. Jonas Urba
V. Jonas Urba answered on Sep 12, 2019

Contact workers compensation lawyers. Books or no books she was injured on the job. She has the right to recover work comp benefits.

1 Answer | Asked in Car Accidents and Employment Law for New York on
Q: Who is liable when something breaks at work? In this case, the mirror on a customer car.

I work at a collision center. I was required to back a truck out of the narrow garage door. Upon doing so the edge of the mirror clipped the door and broke. My boss wants me to pay all of the damages (over $900) and wants the money today. Am I legally responsible for breaking something at work or... Read more »

V. Jonas Urba
V. Jonas Urba answered on Sep 12, 2019

Your boss can not legally deduct the amount from your wages. Here's why: https://www.labor.ny.gov/formsdocs/wp/LS605.PDF

If you are a valued employee he will change his mind about making you pay him back. But you may have to promise him that you will never, ever do that again since you are...
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1 Answer | Asked in Employment Law for New York on
Q: Does my employer have to pay me if they tell me not to come in for a shift because Netflix is filming?

I work 39 hours a week 5 days a week at a bowling alley. My employer just informed me that I don’t need to come in next Monday for work because Netflix rented out the establishment to film a movie. When I asked if I would be getting paid the owner said no. I’ve had the same shifts and same... Read more »

V. Jonas Urba
V. Jonas Urba answered on Sep 10, 2019

Unless you are covered under some contract (private or union) the employer can usually change your hours, rate of pay, benefits, etc... almost at any time and usually without advance notice to you. That is called employment "at will" which term describes the overwhelming majority of the U.S.... Read more »

2 Answers | Asked in Employment Law for New York on
Q: What are the legal options for the Plaintiff if municipality does not offer or decline a settle within 30 days

I understand that the municipality has 30 days to offer a settlement or decline after the 50h hearing. What are the legal options for the Plaintiff if they do not comply with the 30 days? I am in nyc and this is an employment discrimination case.

V. Jonas Urba
V. Jonas Urba answered on Sep 9, 2019

You need to ask your employment lawyer that question.

A 50-h examination can be devastating to a claim. Lots of preparation goes into that type of hearing because your testimony is now recorded and unless you reviewed the transcript for accuracy your testimony is what it is.

You...
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1 Answer | Asked in Immigration Law for New York on
Q: My status to remove condition on my greencard was denied can i still work in the usa?
V. Jonas Urba
V. Jonas Urba answered on Sep 5, 2019

Contact an immigration lawyer.

4 Answers | Asked in Bankruptcy and Employment Law for New York on
Q: I loaned my employer 70,000. I was repaid about $10,000 and then he fired me. His company is now filing bankruptcy.

Do I have any recourse to get my money back?

V. Jonas Urba
V. Jonas Urba answered on Sep 3, 2019

Ask a bankruptcy lawyer for the best response and file your notice of lien as soon as possible.

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1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: I would like to know if I have a case for a wrongful termination. After 5 years I was forced to quit from last Job

I was given 24 hours to decide and told if I did not quit they would terminate me. This was after my depression returned badly after the sudden death of my mother. I was told to take as much time as I need, and when I did justvthat, I was essentially fired,

V. Jonas Urba
V. Jonas Urba answered on Sep 3, 2019

How much time did you need and did you take?

While you were out did you keep your employer on notice regarding when you anticipated to return?

How much time did you believe you could be gone?

Were you awarded unemployment benefits? If not why not since it is difficult not to...
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2 Answers | Asked in Employment Law, Employment Discrimination and International Law for New York on
Q: How legal is it that these cameras record audio?

I work for a trucking company, we have the smart drive camera system, these cameras only record several seconds before and several seconds after an event like accident, hard brake, red light etc.. there's two cameras, one facing the front and the other facing me, they are used for security reasons... Read more »

V. Jonas Urba
V. Jonas Urba answered on Aug 31, 2019

Why would it not be? Is the vehicle titled in your name and are you operating it for your own private interests during these "events"?

A more interesting question might be your employer demanding your personal cell phone for examination after an "event". Do you know of any law which might...
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1 Answer | Asked in Employment Law for New York on
Q: Coworker falsely accused me of threatening him in front of another coworker who rightfully denied this. Options?

I work in queens for a union job. We have a trial office, which I had to make a statement already. The coworker has also contacted the police. The witness has said this threat was a complete lie, but it is still being entertained. I work in the next office from this employee. I don’t trust that... Read more »

V. Jonas Urba
V. Jonas Urba answered on Aug 29, 2019

If you spoke to employees during a pending investigation that might not be good? You may want to have lunch with your union rep. You pay union dues for a reason. An order of protection could result in someone's or both employees' termination. Get your union's take on it then pay an employment... Read more »

1 Answer | Asked in Employment Law for New York on
Q: can I work remotely full time and be considered as full time without being present in the company?

Hi,

I have a little concern so I have done 1 year of remote full time work while studying in my university and there is this law in my university that exempts you from doing an internship if you have done 1 year or more full time relevant work and here is how it is phrased on the catalog... Read more »

V. Jonas Urba
V. Jonas Urba answered on Aug 24, 2019

Remote, full time work does exist. You may be a full time remote employee. But will your employer certify that you have 1 year of relevant full time work experience?

You may meet the definition of the single sentence you have selected. But you also have to meet the spirit of the...
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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
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
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
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
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
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
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
V. Jonas Urba answered on Jul 23, 2019

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

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