Questions Answered by Bruce McBrien

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

1 Answer | Asked in Employment Law and Libel & Slander for New York on
Answered on Jan 11, 2018
Bruce McBrien's answer
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. Usually an initial consultation is no charge.

Q: Forced to work for a second company for free

4 Answers | Asked in Employment Law for New York on
Answered on Sep 8, 2017
Bruce McBrien's answer
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 reputable employment attorney will not charge you to listen to you describe your situation.

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

3 Answers | Asked in Employment Law and Education Law for New York on
Answered on Jul 7, 2017
Bruce McBrien's answer
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.

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

3 Answers | Asked in Employment Law, Gov & Administrative Law and Workers' Compensation for New York on
Answered on Jun 6, 2017
Bruce McBrien's answer
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 are entitled to 26 weeks of benefits during the year so you may get benefits going forward if you are still out of work, you have not lost those weeks.

It's not clear from your question if you...

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

3 Answers | Asked in Employment Law for New York on
Answered on May 30, 2017
Bruce McBrien's answer
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.

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

3 Answers | Asked in Employment Law for New York on
Answered on May 9, 2017
Bruce McBrien's answer
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 mathematical or clerical error, or when expressly authorized in writing by the employee and for the benefit of the employee.

There is no time limit an employee is required to wait prior to...

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

3 Answers | Asked in Employment Law for New York on
Answered on May 10, 2017
Bruce McBrien's answer
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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.