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.
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 »
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".
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.
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 »
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 »
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 »
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 »
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.
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...Read more »
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?
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 »
"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...Read more »
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 »
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...Read more »
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 »
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?
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 »
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?
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
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...Read more »
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 »
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