Lawyers, Answer Questions  & Get Points Log In

Questions Answered by Emre Polat Esq.

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 »

Emre Polat Esq. answered on Apr 24, 2019

No they can't. You should notify HR. Consider a consultation for a case evaluation.

View More Answers

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 »

Emre Polat Esq. answered on Apr 22, 2019

Do you receive a w2 or a 1099 at the end of the year? In other words, are you working for the company or "working for yourself". Sounds like there may be misclassification if that is the case. It depends on the structure of the employment but is sounds like there may be violations as you should be... Read more »

View More Answers

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?

Emre Polat Esq. answered on Mar 19, 2019

It depends of factors related to what type of business you are in and a review of the non-compete itself.

View More Answers

1 Answer | Asked in Employment Law for New Jersey on

Q: I am currently in three of the protected classes (age, national origin and race/color.

I received bonus and salary increase numbers which were lower than expected given excellent performance and no disciplinary issues. Because manager did not have details on the numbers, I requested a letter from HR that would specify the numbers and the details including how the numbers were... Read more »

Emre Polat Esq. answered on Mar 12, 2019

Why do you believe there is discrimination, compared to others? Further information is required. Consider a consultation for a case evaluation.

1 Answer | Asked in Employment Discrimination for New Jersey on

Q: returned from disability 11/19/18 I was let go from my job this past Friday after being employed 15 yrs

Emre Polat Esq. answered on Feb 23, 2019

What was their basis for the termination? Consider a consultation for a case evaluation.

2 Answers | Asked in Sexual Harassment for New York on

Q: The interviewer sexuall harassed me. Can I still sue even though I don't work at that company?

Emre Polat Esq. answered on Dec 27, 2018

Yes, that is a form of sexual harassment. Consider a consultation for a case evaluation.

View More Answers

1 Answer | Asked in Sexual Harassment for New Jersey on

Q: A straight woman at my company is making uncomfortable comments that I feel are harassing. I'm a gay man.

Can this still qualify as sexual harassment?

Emre Polat Esq. answered on Dec 11, 2018

What kind of comments? That is considered a form of harassment. Consider a consultation for a case evaluation.

3 Answers | Asked in Sexual Harassment for Florida on

Q: I'm an intern at a tech company. My supervisor has made some sexually explicit comments to me. How do I approach this as

I'm not an actual employee?

Emre Polat Esq. answered on Dec 4, 2018

It doesn't matter if you are an intern, sexual harassment is still illegal. Consider a consultation for a case evaluation.

View More Answers

1 Answer | Asked in Sexual Harassment for Illinois on

Q: If we're off the clock and off-site for a holiday party and I experience sexual harassment from a work supervisor, can I

sue over it?

Emre Polat Esq. answered on Dec 4, 2018

yes. even if you are not working at the time and off-site. Consider a consultation for a case evaluation.

1 Answer | Asked in Sexual Harassment for Minnesota on

Q: I filed a formal harassment claim and my boss was found to be guilty. He was able to keep his job and is still my boss

Isn’t that considered putting me in a hostile workplace?

Emre Polat Esq. answered on Nov 27, 2018

Yes, it could be. Are you still reporting to him? What the extent of the sexual harassment? Consider a consultation for a case evaluation.

2 Answers | Asked in Employment Discrimination for New York on

Q: I noticed my company only hires recent graduates.

They say it's to keep costs down, but how isn't that age discrimination?

Emre Polat Esq. answered on Nov 21, 2018

Are they terminating older employees? It could be age discrimination.

View More Answers

1 Answer | Asked in Sexual Harassment on

Q: How do I know if I have a case for sexual harassment in the work place? And also being threatened with my job

Emre Polat Esq. answered on Nov 13, 2018

Consider a consultation for a case evaluation to see if you do.

1 Answer | Asked in Employment Law for New Jersey on

Q: I'm pregnant and approx. 8 weeks from my due date. My boss has just started cutting my hours to lower my disability pay.

I have been working overtime every week up until now. Is there anything I can do to get the pay I'm entitled to?

Emre Polat Esq. answered on Nov 12, 2018

Consider a consultation for a case evaluation. There could potentially be claims for pregnancy related violations.

2 Answers | Asked in Sexual Harassment for New Jersey on

Q: I've been documenting comments of a sexual nature that my coworker has been saying to me but if I don't have witnesses

to them, would this documentation hold up in court? Wouldn't it just be my word against his if he denies them?

Emre Polat Esq. answered on Nov 12, 2018

Documentation is not necessarily required if there is a hostile work environment based sexual comments and conduct. Consider a consultation for a case evaluation.

View More Answers

1 Answer | Asked in Sexual Harassment for Illinois on

Q: Is it legal for an employer to require employees to go through arbitration in the event of a sexual harassment claim, a

requirement that's contingent on an offer of employment?

Emre Polat Esq. answered on Nov 5, 2018

It depends on the circumstances in which you agreed to arbitrate and when. Consider a consultation for a case evaluation.

2 Answers | Asked in Sexual Harassment for New York on

Q: I'm not comfortable reporting my claim of sexual harassment to HR (since it was someone in HR who harassed me). Can I

sue my employer directly and avoid pre-litigation mediation at my workplace?

Emre Polat Esq. answered on Nov 5, 2018

Yes, there are ways to address the matter without going directly to HR. How long has it been? Consider a consultation for a case evaluation.

View More Answers

1 Answer | Asked in Employment Law and Sexual Harassment on

Q: I have been unpaid and my employer is holding back pay and my r.o.e. I am wondering what can be done about this?

He also has slanderized my name in our industry. And sent me sexual, inappropriate messages regarding sexual orientation and other things.

Emre Polat Esq. answered on Nov 2, 2018

You should consult with an attorney. Its improper and illegal for him to do that. Consider a consultation for a case evaluation.

1 Answer | Asked in Sexual Harassment for New Jersey on

Q: If I was dating a coworker and then broke up to him and now he's harassing me in the office and outside of it, can I sue

him for sexual harassment?

Emre Polat Esq. answered on Oct 29, 2018

Yes. That could still be a form of sexual harassment and hostile work environment. What is he doing that is harassing?

Further information is required. Consider a consultation for a case evaluation.

1 Answer | Asked in Employment Discrimination for New Jersey on

Q: I noticed that my company never hires anyone older than 40. Is that age discrimination?

Emre Polat Esq. answered on Oct 25, 2018

Yes, it could be a form of age discrimination. Consider a consultation if you have further questions.

3 Answers | Asked in Employment Discrimination for New York on

Q: My employer requires women to wear skirts and men to wear pants. I'm a woman who isn't comfortable wearing a skirt. Am I

still required to wear one?

Emre Polat Esq. answered on Oct 19, 2018

Is it part of their uniform? What industry are you in? Food service/bar? It could be perceived as discriminatory. Further information is required. Consider a consultation for a case evaluation.

View More Answers

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.