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Questions Answered by Bruce McBrien

1 Answer | Asked in Employment Law and Libel & Slander for New York on

Q: I was terminated from a county job without being given the chance to refute the allegations from my former employer

Can I file any legal action?

Bruce McBrien answered on Jan 11, 2018

If you are a state employee you should review your collective bargaining agreement to determine what steps should have been taken prior to your dismissal. It would be best to contact an employment attorney who understands civil service employment law and have them review the agreement with you.... Read more »

4 Answers | Asked in Employment Law for New York on

Q: Forced to work for a second company for free

I work for a company (corporation) one owner and three years ago he opened a second company ( corporation ) with two partners different corporate address but makes his office employees

Work for both without paying us.

I've been here the longest

We get one check and sells... Read more »

Bruce McBrien answered on Sep 8, 2017

You should not be working for free. Your employer is required to pay you for every hour worked. You should let you know know what you are being paid per hour and how many hours you work every week.

You should speak with an employment attorney to make sure you are being paid properly. A...
Read more »

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3 Answers | Asked in Employment Law and Education Law for New York on

Q: If appointed in one area, but then taught in another, can I get tenure by estoppel before I am certified in the other?

I live in New York state. I was hired in 2001 and appointed as a special education teacher in a non NYC district. I received my certification in elementary and special education, but then was assigned to be a gen ed math teacher after two years in the district. I have been teaching gen ed math... Read more »

Bruce McBrien answered on Jul 7, 2017

The first question I would ask is if you are a member of a Union. If you are a member of a Union, the answer to your question is probably in your collective bargaining agreement. You should read it carefully or contact a labor attorney to review the agreement.

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3 Answers | Asked in Employment Law, Gov & Administrative Law and Workers' Compensation for New York on

Q: NY State: I thought am ineligible for unemployment benefits but it turns out that I am. Can I file retroactively?

I thought I was ineligible for unemployment as I was fired for misconduct. However, it turns out that I am eligible, even though I turned in my application 3.5 months late. As such, I missed all of this time of unemployment benefits prior to my application date. Can I file with NY state to retrieve... Read more »

Bruce McBrien answered on Jun 6, 2017

You can still file for benefits but it will be difficult to recover if you did not file for your weekly benefits over the past 3.5 months. The Department of Labor requires that you file for benefits every week, even when you have been denied and are trying to overturn the decision. In NY State you... Read more »

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3 Answers | Asked in Employment Law for New York on

Q: We are a small landscaping company. We are being sued by a former employee who has made untruthful claims about us.

Do we have to pay this person's legal fees, even if we win the case?

Bruce McBrien answered on May 30, 2017

You only pay their legal fees if they are successful. However you are responsible for your attorney's fees.

Collect all pay records for the employee and review the records with your attorney. There are numerous requirements you must meet to show you have been paying the employee properly.

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3 Answers | Asked in Employment Law for New York on

Q: How long does an employer have to explain calculations for docking pay?

My employer has decided to dock my pay. I am a salaried employee and have formally asked for the calculations and for the total sum to be docked, but I have received no answer. So far, 3 checks have been docked. I formally asked one week ago. How long do I have to wait before they are in violation... Read more »

Bruce McBrien answered on May 9, 2017

Generally, in New York state, no employer can make deductions from the wages of an employee, except deductions made in accordance with the provisions of any law or any rule or regulation issued by any governmental agency, collective bargaining agreement, to recover an overpayment of wages due to... Read more »

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3 Answers | Asked in Employment Law for New York on

Q: Can an employer make a salaried employee work over the hours agreed in the salary without more compensation pay?

Bruce McBrien answered on May 10, 2017

That depends on your job duties. Your job duties determine wether you are an exempt or non-exempt employee which helps determine if you are entitled to overtime pay.

You should consult with an employment attorney so they can determine your rights.

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