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Questions Answered by V. Jonas Urba
2 Answers | Asked in Employment Law for New York on
Q: If a person is sexual harassed at work, supervisor knows, and still works with that person is there a case?

After telling supervisor about all the things other rep said, was still told to work with that person. The one who said it was mad that something was stated to the boss about said stuff. Had 3 days of that person saying sexual comments. Now hard to work with this person.

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

Ms. Dyer has provided excellent suggestions to you. Your human resources department and employment lawyers who you will hopefully contact will help you assess whether the conduct is isolated or trivial or whether it's a pattern or practice. Additionally, we also assess whether you are being... Read more »

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1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: the question is if you are hired for over a year and the employer is unsatisfied he can fire you “at will” but is it

Legal to “push” you out. Look for methods to get you out of your job. I have was push put but not by conventional methods

V. Jonas Urba
V. Jonas Urba answered on Jan 2, 2020

Was the pushing discriminatory? If so, how will you prove that? Employment lawyers spend many hours, months, even years proving cases that some employees erroneously believe are easy to prove.

No employment discrimination case is a slam dunk. Call many employment lawyers to discuss if there...
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1 Answer | Asked in Employment Discrimination, Employment Law and Legal Malpractice for New York on
Q: Is it legal for employers to find a way to kick out their employees or push them out so that they can leave ???-help

Need info on department of labor laws or employment laws

V. Jonas Urba
V. Jonas Urba answered on Jan 2, 2020

If you do not have a specific term of employment agreement (i.e. Jan 2020 thru Jan 2021) nor do you have a union collective bargaining agreement that protects everyone in the union nor do you work for the government then chances are pretty high that you are "at will".

Being "at will" means...
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2 Answers | Asked in Employment Discrimination and Employment Law for New York on
Q: My boss does want to pay me 12 hours overtime because she said it wasn’t approved

My boss does want to pay me 12 hours overtime because she said it wasn’t approved but regardless I worked it so isn’t she still obligated to pay me ? Also I was promoted to a manager and then demoted me in two months because she hired someone without a Real reason and then dropped my pay.

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

Your question is complicated. Managers usually earn a salary. But that does not always mean that they are exempt from overtime pay. On the other hand, hourly employees, are entitled to overtime pay. But that does not mean that an employer can not implement policies and procedures to follow which... Read more »

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Q: Is mediation the best option for a pro se plaintiff in an employment discrimination case?

How, where and when can I request to be referred to medition?

V. Jonas Urba
V. Jonas Urba answered on Dec 18, 2019

Neither employer nor employee are forced to mediate. That process is voluntary.

However, employment lawsuits in federal court get scheduled for mediation. But going to mediation when an employer believes your claim is "no pay" will do little by itself.case.

Even during mediation,...
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1 Answer | Asked in Employment Law for New York on
Q: My employer wants me to give him dirt on another employee or he won't help me get more hours on the job. What can I do?

I haven't been to work since October and I keep asking my employer to give me hours. They still have me on their payroll but I'm not working or getting paid. I recently asked him could I get hours and he told me he could help me if I knew some dirt on a another employee. I work a non union... Read more »

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

Have you applied for unemployment benefits? If your employer has work they will probably begin scheduling you again.

If they still refuse to give you work you should honestly tell the unemployment judge what you were told and unless there is dirt on you (i.e. the employer proves gross...
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1 Answer | Asked in Business Law and Employment Law for New York on
Q: If somone quits the company and currently doesnt work for it can the manager have them come in to cover a shift?

The company didnt approve her being their the manager just let her do it and she does not work there she quit

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

All employees, managers or non-managers, exempt or non-exempt, must be paid for all services performed. Some severance agreements have provisions that a former employee will assist or perform nominal services after their severance date. Most employers do not want the liability of injuries or wage... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for New York on
Q: Can you answer a Union workers issue?

If your a union member and a position opens up and they hire an outsider before putting a union member in that position...is there grounds for going to court?

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

Are you asking whether such a practice might violate your union contract? For government unions, you could contact the Public Employment Relations Board in Albany. For private unions you could contact the National Labor Relations Board in NYC. Assuming you have already reached out to your union... Read more »

1 Answer | Asked in Employment Law and Education Law for New York on
Q: I am a new hire manager. My supervisor tells me (via private emails) to write up union staff. Is that legal?
V. Jonas Urba
V. Jonas Urba answered on Dec 9, 2019

For legitimate, non-discriminatory reasons? What's wrong with that as long as you follow company policies and procedures and the union contract?

1 Answer | Asked in Employment Law for New York on
Q: worked at a loan brokerage & received commission for a sale. Quit the job, customer defaulted. Do i owe $ to the firm?

I worked there 2 to 3 weeks ago. The customer recently defaulted and the owner of the company i worked at contacted me to return my commission check. Do I owe the money back? The only paper I signed when working for the company was a W9, no contracts or any other paperwork was signed.

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

Did you earn the money which you were paid? Or were there strings attached?

Employment agreements can be verbal. None of us would know the terms and conditions under which you were hired or worked for this employer. An experienced employment lawyer can probably quickly assess the situation...
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1 Answer | Asked in Employment Law for New York on
Q: Q about a non solicit

I had a non solicit at my former job that said i would not directly or indirectly encourage employees to leave for a year after I left. Now i have a new job, we're hiring, and several of them have applied. What do I need to do here?

V. Jonas Urba
V. Jonas Urba answered on Nov 30, 2019

Place your new employer on notice of these facts. Ask them if they will defend you if you are served legal process by your old employer. Your new employer may decide to wait a year before hiring more people from your old employer; you hope, since you will certainly not be involved in those hiring... Read more »

2 Answers | Asked in Employment Law and Employment Discrimination for New York on
Q: Hello. My husband received last warning from manager, and was told that after that he will be fired. We believe that

It's wrong, because he worked a lot of overtime that company forse him to do and a lot of time set him up. What should he do?

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

Michael is correct.

"At will" employees, those without unions to protect them or private contracts or who work for the government have little if no protection. Your husband likely needs to follow the Master Servant Doctrine, which is Common Law and applicable in New York. If the employer...
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4 Answers | Asked in Employment Law, Immigration Law and Tax Law for New York on
Q: I'm overstayed visa. Can I use my SSN to work at restaurant? But I plan to get married soon.

I came here with j1 visa. My fiance is US citizen. Will I get in trouble when I apply for green card, if I use it?

Thank you

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

Rely on advice from an immigration lawyer. Few employment lawyers are well versed enough to respond to your inquiry which sounds risky.

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1 Answer | Asked in Employment Law for New York on
Q: Hello. I use to work for the printing department of a Staples store in NY. I was wrongfully terminated about a month ago

Before my termination i suffered harassment, verbal abuse, discrimination and worked in a very hostile environment. I spoke up about it to Hr but nothing was ever done. I was planning on suing the company but i get panic attacks everytime i have conversations with the attorneys about what happened... Read more »

V. Jonas Urba
V. Jonas Urba answered on Oct 28, 2019

Dont' do it.

You owed a duty of loyalty to your employer while you worked there and can not now use information (employee e-mail lists) which you obtained (arguably confidential; probably trade secrets unless such information is readily available to the public or on-line) because of your...
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2 Answers | Asked in Employment Law for New York on
Q: Can my boss legally subtract 1 hour worth of work from my paycheck?

I am 16 yrs old and I work for a Franchise my boss threatened to take 1 hour off everyone’s paycheck because we were so busy that we did not have time to fill the sauces. Although we did end up filling them, I think that the Boss cannot really take away and Hour worth of everyone’s paycheck... Read more »

V. Jonas Urba
V. Jonas Urba answered on Oct 22, 2019

No employer can make deductions from paychecks unless agreed to in advance by the employee and only for specific reasons such as taxes, insurance, garnishment,...

But he could fire everyone unless your union collective bargaining agreement prevents that. If you don't have a union it might...
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1 Answer | Asked in Employment Law for New York on
Q: According to NY Labor law, are you able to sue in Civil Court for liquidated damages on top of unpaid wages owed?

My understanding is that by default you are entitled to liquidated damages on top of unpaid wages, which is equivalent to 100% unpaid wages. So basically double the amount. Or is it subjective to the Judge to award this, despite it being a Labor Law?

V. Jonas Urba
V. Jonas Urba answered on Oct 19, 2019

If it's shown to be a willful violation. Make sure you have case law to convince the court that the employer acted willfully. Most importantly, when you serve discovery requests on the employer, or depose it, confirm strong facts either thru admissions or testimony or with documents that the... Read more »

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.

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