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I was taken out of work by my neurologist on March 19th due to illness, and a request was submitted for disability paperwork. My doctors provided the information, which my employer insisted on submitting on my behalf. They submitted it on March 28th, after calling me and terminating my employment,... View More 
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answered on Apr 18, 2025
It depends on more detailed facts. You state "in your state" which implies that you may have performed work in a state outside New York. We are licensed in New York and each state has unique labor laws which are at least to federal standards and most go beyond federal law coverage. There... View More
I had experienced a traumatic workplace incident September 2023 that resulted in amputation from a defective device. The employer was liable for the injury and took it upon themselves to hire a maintenance company to repair the machine instead of returning to manufacture company to avoid a lawsuit.... View More
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answered on Feb 13, 2025
Injuries which occur within the course and scope of your employment are not lawsuits. They are statutory claims for workers compensation benefits. Of course, you likely already have a workers compensation lawyer so you need to keep counsel informed of anything and everything you are even thinking... View More
Mgr. of 3mths w/firm threatening/harassing me. I'm 3+ yrs w/company. Just as others I always arrive to work early by 30mins or so for late night requests & ontime arrival. No problems w/previous Mgrs. Great perform reviews. Mgr. now says I need his permission to work OT. Reprimanded 2 days... View More
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answered on Mar 23, 2024
It looks like your pay is on an hourly basis. All employees who are paid by the hour must be paid for all time for which they are permitted to suffer labor (that is language often used by the courts). If you work hours, including overtime at 1.5 times your regular pay rate, you must be paid for... View More
couldn’t take it anymore so I quit on Friday. Can I bring a lawsuit against my employer?
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answered on Mar 11, 2024
You have offered two protected classes to which you belong. There may be many more. The two are your gender, female, and your age over 40. Was the harassment suffered because of your gender or your age? Remember that there are many more such as disability or perceived disability. If you were ill or... View More
Hr was aware upon hiring and didn't ask for documentation however after six months I was told I needed paperwork
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answered on Feb 15, 2024
"Head covering" could mean almost anything. An employment lawyer would examine your job duties first and foremost. Does your position description or your job duties pose a physical safety threat to you or others for wearing some type of unknown head covering?
Next an employer... View More
He only said something to everyone when i ask him, is that for us asion only or every body. He rounded as asian first. Is that racism?
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answered on Jan 24, 2024
Were you coughing or did you appear sick?
Everyone must be similarly treated. Not being treated similarly may be discriminatory unless it's an isolated incident or a petty slight or trivial inconvenience. Much depends on the specific facts, where it was said, who it was said to, who... View More
I believe I am an exempt worker. In nyc.
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answered on Jan 11, 2024
Exemptions from overtime pay are not strictly salary based. An employment lawyer often will review the discretion and independent judgment which you may or may not exercise on your job.
Especially applicable for employees who earn less than six figures, employers have not infrequently paid... View More
How do I prove discrimination in the hiring process?
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answered on Jan 10, 2024
No employment discrimination case is easy to prove. Failure to hire cases are especially difficult.
You must show some type of discriminatory animus or motive not to hire you. And you must be at least minimally qualified to meet the essential job duties for the position.
We begin... View More
I live in Buffalo, NY. I work for a staffing agency(based out of Ohio) and have to miss some days due to meeting with my portion officer. Can they legally terminate the contract with my staffing agency due to me missing those days I had to meet with my P.O. and some other late days?
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answered on Jan 4, 2024
You should definitely reach out to your probation officer because that individual has every intention of keeping you employed or at least should have such an intention.
You might Google: "adult probation services" and "New York". Use the quotation marks which might... View More
i let my supervisor know a week in advance that i would have to leave work due to a personal reason and she okayed it. fast forward a week i i got the phone call at work for the reason of me leaving and i told my boss that i had to leave and she okayed it again. So i clocked out and started my 30... View More
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answered on Jan 2, 2024
A personal reason may or may not be protected. For example, if the personal reason was to take your child to a doctor's appointment that is almost always protected. This is just one example.
If the personal reason was unprotected then your employer's policies and procedures might... View More
stating that I could take an entry level position.
What recourse do I have? I have been at the company as general manager for 7 years. I think they want me to quit, but I won't make it be that easy for them.
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answered on Dec 28, 2023
Each employment law matter is heavily dependent on facts. Many times those facts are supported by communication which includes emails, texts, and even recordings. The reasons expressed for your leave are critically important. What your employer knew or should have known about why you took leave is... View More
I worked for over 6 yrs without ever being promoted or receiving clear feedback on how to advance. Despite repeatedly reporting instances of being spoken to disrespectfully by coworkers, management dismissed my concerns, telling me to 'let it go.' Over time, the ongoing mistreatment... View More
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answered on Nov 15, 2024
I worked for over 6 yrs without ever being promoted or receiving clear feedback on how to advance. PRIVATE EMPLOYERS ARE NOT REQUIRED TO PROVIDE FEEDBACK ON HOW TO ADVANCE BUT THEY CANNOT DISCRIMINATE AGAINST ANY PERSON BECAUSE OF ONE OR MORE PROTECTED CLASSES TO WHICH AN EMPLOYEE BELONGS.... View More
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