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Questions Answered by V. Jonas Urba

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.

3 Answers | Asked in Employment Law for New York on

Q: Can my job fire me for being pregnant with health issues?

I’m 20 weeks pregnant, and my job is trying to find ways to fire me. They are trying to create a paper trail for reason to fire me. I made my job aware of my pregnancy when i was around 8 or 9 weeks pregnant. Before then I had no issues. I’ve been at my job for almost 11yrs without ever being... Read more »

V. Jonas Urba answered on Apr 24, 2019

If you work in Connecticut call a Connecticut lawyer immediately. Nina Pirrotti at Garrison Levin-Epstein Fitgerald & Pirroti is exceptional!

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3 Answers | Asked in Employment Law for New York on

Q: In NY state, can my employer make me be on call for up to 9 hours every day without any kind of compensation?

I go into customer’s homes and measure rooms for my employer. I am employed full time with benefits but I get paid per “measure” ($16) and not by the hour. To be clear, I work for my company and am not an independent contractor. I get a W2 and benefits from them.

I often only... Read more »

V. Jonas Urba answered on Apr 22, 2019

https://www.lexology.com/library/detail.aspx?g=cdf4806c-a217-4b05-8284-9d3e2ca47c55

It's complicated as you will see in the link above. Good luck!

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2 Answers | Asked in Employment Law for New York on

Q: Unlawful termination

Union employee - wrongfully terminated with no write up after 30 years. Do I have a case ?

V. Jonas Urba answered on Apr 22, 2019

Wrongful termination does not exist.

Were the terms of your union contract broken? Breach of contract.

Were you discriminated in the terms and conditions of employment? Possibly Title VII, ADA, ADEA, etc.... violations?

Pay an employment lawyer for an in depth analysis of...
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2 Answers | Asked in Employment Law for New York on

Q: I have a non-compete signed stating I can't work for any entity or business that competes with the Business, what's that

I have a non-compete signed stating I can't work for any entity or business that competes with the Business, what exactly is this, how can I distinguish what line of business my ex-company is at?

V. Jonas Urba answered on Mar 19, 2019

You should pay an employment lawyer to review the agreement for you. Especially since you need to know how to deal with future employment on your own or for some other company.

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

Q: Can I not ask back an hourly employee for next year?

We run an after school program and pay our employees hourly. Their employment ends when the school year ends. We ask them if they want to come back for the following year. Can I not ask someone to come back or tell them that we do not want them back? Is it technically not firing them or am I... Read more »

V. Jonas Urba answered on Mar 18, 2019

Employment at will is the law unless:

An employer violates a union contract or a private employment contract or an employee has vested civil service rights (the employee works for the government or might be funded with government funds).

If you receive government monies you...
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1 Answer | Asked in Criminal Law, Employment Law, Products Liability and Business Law for New York on

Q: Destruction of Property- subcontractors

I hired a subcontractor to do work for me in NY state. He hired an uninsured, unlicensed guy to do the actual work. This person he hired went outside the scope of instructed work and started pulling wires, cutting wires, and shutting off breakers in my clients facility. Once this was discovered, he... Read more »

V. Jonas Urba answered on Mar 8, 2019

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... Read more »

1 Answer | Asked in Employment Law for New York on

Q: I am involved in a reprisal case and the ADR wants to know how much of a settlement I want how much should I ask for

This case is against the DoD i was a civilian employee

V. Jonas Urba answered on Mar 5, 2019

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.

1 Answer | Asked in Employment Law and Gov & Administrative Law for New York on

Q: Is it illegal for a NYC Govt agency to tell staff they will get a pay raise but then never give it to them?

I was told (not in writing) that I would be getting two $2 raises ($16 to $18 to $20 per hour), but it's been over two years and they never gave me either raise. What law for NYC or NYS says this is not allowed, and where can I find that law to show my employer?

V. Jonas Urba answered on Feb 21, 2019

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...
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