Brooklyn, NY asked in Employment Law for New York

Q: I think I am being taken advantage of at work. Do I have a case? More info below.

Is it legal for an employer to:

1) agree on a raise & change of employment status but put it off for months?

2) misclassify an employee that works full time for all 12 months of the year as a seasonal employee?

3) deny PTO & sick time accrual due to misclassification as seasonal employee?

4) force an employee to use sick time to get compensated for a company shut down period?

5) reprimand/fire an employee for fighting to get above issues fixed? even under the guise of it being for another reason?

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1 Lawyer Answer
Greg Mansell
Greg Mansell
  • Columbus, OH
  • Licensed in New York

A: 1) Yes. The relationship is at will so, in theory, you could quit at any point for the employer not doing what was promised.

2 and 3) More information is needed on what you were doing in the position. If you are full time, you should be entitled to the same benefits as other full time employees.

4) Yes this is legal.

5) If you were complaining that you were misclassified and this is the actual reason for termination, you may have a case for retaliation

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