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Questions Answered by Emre Polat Esq.
2 Answers | Asked in Employment Discrimination for New York on
Q: Are employers required to make accommodations for wheelchair users who have a temporary injury under the ADA?
Emre Polat Esq.
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Emre Polat Esq.
answered on Sep 25, 2018

Yes, to the extent it is not unduly burdensome on the employer's business.

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2 Answers | Asked in Employment Law for New York on
Q: While on short term disability, can an individual be laid off for the sole purpose of replacing that individual?

I have been told that I was being laid off because a replacement for me needed to be hired to replace me.

Emre Polat Esq.
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Emre Polat Esq.
answered on Sep 6, 2018

How long have you been on leave and have you been employed there for over a year?

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1 Answer | Asked in Employment Discrimination for New Jersey on
Q: I work for a NJ-based company and had a baby last year. I'm pregnant again and worried I will get fired when I tell them

I work for a NJ-based company. They are a small company with only about 10 or so employees, so I’m not sure what my rights are, if any.

I had a baby last year. I found out after returning to work that I would then be eligible to receive 6 additional weeks of partially paid bonding leave... Read more »

Emre Polat Esq.
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Emre Polat Esq.
answered on Aug 31, 2018

Discrimination based on pregnancy is still illegal under the NJLAD, regardless if the employer is a small employer. If you feel you are being mistreated, discriminated, or fear you will lose your position because you are pregnant, consider a consultation for a case evaluation.

2 Answers | Asked in Employment Law and Employment Discrimination for New York on
Q: Can i sue a company

Can i sue a company because i was offered a job but once the employer found out i was not spanish he said he cant hire me and he only choose my resume because my name looked spanish

Emre Polat Esq.
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Emre Polat Esq.
answered on Jul 19, 2018

That could be a form of discrimination. Consider a consultation for a case evaluation.

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2 Answers | Asked in Sexual Harassment for New York on
Q: Where is the line drawn between sexual harassment and giving a compliment to a coworker in the office?
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Emre Polat Esq.
answered on Jul 18, 2018

It depends on various factors. Was the compliment sexually suggestive? Is it pervasive? Is it continuous?

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2 Answers | Asked in Civil Rights, Employment Discrimination and Employment Law for New York on
Q: Can I file a discrimination case against a company if a manger made a racist statement calling me Sammy Davis Jr?

I was told by a college that someone that is currently being promoted to a mangers position (my manger) made a comment stating " Oh i did not know she was Sammy Davis Jr. I am an African America woman that is married to a jew man. I am also pregnant and don't feel comfortable in my work... Read more »

Emre Polat Esq.
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Emre Polat Esq.
answered on Jul 6, 2018

That can be perceived as discriminatory. Further information is required to make an evaluation. Consider a consultation.

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1 Answer | Asked in Employment Law for New York on
Q: My last weeks paycheck was missing 3 hours. Even though I have overtime this week is my boss still required to add then?

I notified my boss about my missing hours and he said he would add them to my next weeks paycheck. However I worked 43 hours this week, which is overtime. Is he still required to add my missing hours even though it would be overtime?

Emre Polat Esq.
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Emre Polat Esq.
answered on Jul 3, 2018

You’re required to be paid those hours at the overtime rate, not the regular rate. If he transfers it as regular time into the next paycheck, that is illegal. If this has been going on for a while, consider a consultation.

3 Answers | Asked in Sexual Harassment for New Jersey on
Q: Does harassment need to be repetitive in order to bring a case against my boss?
Emre Polat Esq.
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Emre Polat Esq.
answered on Jun 29, 2018

It does not need to be repetitive. Consider a consultation for a case evaluation.

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1 Answer | Asked in Employment Law for New Jersey on
Q: Are employers required to pay us for nights and weekends "on call"?

I work for a construction rental company and at night and weekends we are required to be on call. There is a rotating list. We only get paid if we get a call, which is not that often. However, we have to be available to answer our phone and must be local to respond to work. If we are unable to make... Read more »

Emre Polat Esq.
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Emre Polat Esq.
answered on Jun 27, 2018

Are you required to show up to work if you're on call and when called? If they're requiring you to be on-call, you may be entitled to be compensated for that time.

1 Answer | Asked in Sexual Harassment for New York on
Q: What should I do if a Lyft driver sexually harasses me while I'm in his car?

What can I do beyond reporting him to the company?

Emre Polat Esq.
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Emre Polat Esq.
answered on May 18, 2018

Call an attorney and police.

1 Answer | Asked in Employment Discrimination for New Jersey on
Q: Is a company allowed to force workers to work; more then 40 hours
Emre Polat Esq.
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Emre Polat Esq.
answered on May 9, 2018

If you're paid by hour as a non-exempt employee, they must compensate you at the overtime rate of 1.5x your regular rate for any hours over 40 hours per week.

4 Answers | Asked in Sexual Harassment for New Jersey on
Q: How do I protect my job if I need to file a sexual harassment claim against my manager?
Emre Polat Esq.
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Emre Polat Esq.
answered on Apr 27, 2018

You’re considered to be in a protected class if you make a complaint of sexual harassment so they cannot retaliate against you after making a complaint. A consultation may be worthwhile to determine your options.

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3 Answers | Asked in Employment Discrimination for New York on
Q: After 20+ years of work with company had heart surgery, took 12 weeks off, now demoted and threatened to be fired daily.

I can still perform my job and have only 2 years until retirement.

Was demoted while off for disability leave and it seems like the company is trying to make me fail at my job or quit.

Is there a case under Americans with Disabilities Act?

Emre Polat Esq.
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Emre Polat Esq.
answered on Apr 25, 2018

There may be violations of the FMLA as well as the ADA. Consider a consultation for case evaluation.

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2 Answers | Asked in Employment Discrimination and Employment Law for New York on
Q: My employer stripped me of some of my key benefits while on FMLA . Is there a clear case to be compensated ?

Been on FMLA since 01/25/18 . Worked with JetBlue at JFK in NY since 02/04/10 . Jetblue took away my flying benefits for over 50 days while on a FMLA and also many other employee benefits . Also I was blocked out of my employee intranet to make use of my benefits or even be able to communicate with... Read more »

Emre Polat Esq.
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Emre Polat Esq.
answered on Apr 10, 2018

There may be violations of the FMLA and state laws. A case evaluation may be worthwhile.

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1 Answer | Asked in Employment Law for New York on
Q: Am I getting properly compensated?

I am a driving instructor for NYS certified driving school, they have been in business for decades. I get paid $13 per lesson (50 minutes each) so if I give 5 lessons I get $65. However the time I am at work, moving the car between students, refueling, and waiting, makes the day 7 hours 30... Read more »

Emre Polat Esq.
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Emre Polat Esq.
answered on Apr 2, 2018

You may be entitled to additional wages. Consider a consultation for an evaluation of your pay and claims. Further information is needed.

2 Answers | Asked in Sexual Harassment for New York on
Q: My boss asks me to stay late most nights, and he just talks to me for hours about non-work related things.

Because he's my boss, I feel like I can't say no, and even though he hasn't directly hit on me it feels slightly romantic. What can I do to report this without him retaliating against me?

Emre Polat Esq.
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Emre Polat Esq.
answered on Mar 30, 2018

A consultation may be worthwhile to discuss the issues here.

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2 Answers | Asked in Employment Discrimination for New York on
Q: Do I have right to use "constructive discharge" on my resignation letter? Details below

I was demoted from Associate role into admin role in 2016, however, my company lied about it. I told manager about excessive admin work and she was not happy and started to harass me almost weekly with bullying tactics and doing double standard treatment. I also did not receive overtime for admin... Read more »

Emre Polat Esq.
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Emre Polat Esq.
answered on Mar 20, 2018

You may have a claim for unpaid overtime under FLSA and NYLL depending on what your position and duties were. We need further information to evaluate your claim so a consultation may be worthwhile. You can claim constructive discharge - i.e. the conditions being unbearable that any reasonable... Read more »

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1 Answer | Asked in Employment Law, Workers' Compensation and Employment Discrimination for New Jersey on
Q: being threatened about losing my job after they found out Im pregnant I need to know if this is right and fair?

I just started working for this company that does eyelash extensions. I have been working very hard 2 jobs because I am 100 percent capable. After just 2 weeks of being there my manager went through my personal stuff on facebook and looked at my personal pictures and found out I was pregnant that... Read more »

Emre Polat Esq.
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Emre Polat Esq.
answered on Mar 7, 2018

No. They can't discriminate against you because you are pregnant. If you feel that is the case, a consultation may be worthwhile to determine your claims and option.

1 Answer | Asked in Employment Law for New York on
Q: Can a boss tell an employee they can't come back to work until they see a doctor?

My friend went on a disability leave due to a kidney infection. She was still being contacted about work related things and expected to complete tasks from the hospital. It took weeks for insurance and her employer to pay her. She had to block her number in order for HR to answer her phone calls.... Read more »

Emre Polat Esq.
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Emre Polat Esq.
answered on Mar 6, 2018

How long has she been employed? She may be eligible for FMLA leave where they have to hold her job for her.

2 Answers | Asked in Employment Law for New York on
Q: Starting January, employer did not pay required New York City minimum wage, nor does he pay reparations. How to proceed

Am I wrong or crazy: starting December of 2017, the wage for fast food workers and workers alike was 13.50? He paid 13.00 per hour for the whole month of January. How do I proceed? Is it legal? Am I wrong?

Emre Polat Esq.
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Emre Polat Esq.
answered on Feb 21, 2018

Contact an attorney to intervene.

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