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New York Employment Discrimination Questions & Answers
0 Answers | Asked in Employment Discrimination and Employment Law for New York on
Q: Can a job let a retired person work full time when they need the help but fire them when they don't need the help anymor

My mother retired over 5 years ago but her job still allowed her to work full time..her human resources people said they knew my mother could not work full time around when covid started. So it's like they used her cause they needed help, but now they are using her retirement as why they are... View More

1 Answer | Asked in Constitutional Law, Employment Discrimination and Legal Malpractice for New York on
Q: Is it ethical for members of the supreme court to be in the Federalist Society?
James L. Arrasmith
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answered on May 1, 2024

When considering the ethics of Supreme Court justices participating in the Federalist Society or any similar organization, it's essential to weigh the principles of judicial independence and impartiality against the benefits of intellectual engagement and education that such memberships might... View More

1 Answer | Asked in Employment Law and Employment Discrimination for New York on
Q: How to report anonymous Mgr. Forge employee timesheet for time not worked. Intimidates other from adding actual time?

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

V Jonas Urba
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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

1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: I’m a 66 year old woman I have been harassed verbally abused humiliated and threatened at work for 15 months now. I

couldn’t take it anymore so I quit on Friday. Can I bring a lawsuit against my employer?

V Jonas Urba
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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

1 Answer | Asked in Employment Discrimination for New York on
Q: Is it fair that after six of employment I was told I could no longer wear my head covering without getting documents.

Hr was aware upon hiring and didn't ask for documentation however after six months I was told I needed paperwork

V Jonas Urba
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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...
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1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: A day before vacation I got sick. saw a doctor and got a note. my work wanted me back since i already was on meds.

My work insisted that I come in since I was on antibiotics and wasn't contagious anymore. I was still coughing and could not work. They have warned me that this is unacceptable behavior. Can I sue?

Michael Diederich Jr.
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answered on Feb 6, 2024

Whether you might have protection under the federal Family and Medical Leave Act, the Americans with Disabilities Act, or similar state or municipal law is very fact-specific.

If you had (or faked) a minor illness the day before departing for vacation (and were well enough to go on...
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1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: The company I work for ask us to wear mask during second mask mandate, us asian first before taljing to other employees

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?

V Jonas Urba
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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...
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1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: How do I prove discrimination in the hiring process?

How do I prove discrimination in the hiring process?

V Jonas Urba
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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...
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2 Answers | Asked in Business Law, Employment Discrimination and Employment Law for New York on
Q: Can my contacted company release me from my contract?

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?

T. Augustus Claus
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answered on Jan 3, 2024

It depends on the terms and conditions outlined in your employment contract and relevant employment laws. Generally, employers have the right to terminate employment contracts for reasons such as excessive absenteeism, but it's essential to review the specific terms of your contract and any... View More

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1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: can i get fired for takin my 30 minute unpaid break?

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

V Jonas Urba
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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...
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1 Answer | Asked in Civil Rights, Employment Discrimination, Landlord - Tenant and Libel & Slander for New York on
Q: Hello, In Holt v Baird Baird died in 2021. Isn't this online reference used to slander and discrimination in future jobs

Why are cases allowed to be published when #1 Defendant is dead. #2 Cases are dismissed? Employers use online information to determine hiring statuses. This is not fair, if someone wants to know my legal dealings, go to the courthouse and file FOIL. Am I correct?

Tim Akpinar
Tim Akpinar
answered on Dec 18, 2023

You're correct. It can be unfair and harmful in job searches. Unfortunately, court orders, decisions, and other documents often become public information, appearing either in the Unified Court System online database or on commercial search databases such as Westlaw, LexisNexis, or Pacer. You... View More

1 Answer | Asked in Employment Discrimination, Employment Law, Sexual Harassment and Tax Law for New York on
Q: SEVERE HARASSMENT of WHISTLE-BLOWER, ILLEGAL FALSIFICATION OF MY WORK HISTORY AND TAXES PAID ,payback 2 SSI REMOVED!

NY office of TEMP & DISABILITY ( Mike P.,), received letters from MASS instructing to deny me benefits , harassment etc they e denied my SSI SUPPLEMENTAL THEN NEXT DAY SAID I AM DISABLED? NO FOOD STAMPS SLEEPING IN MY CAR FOR OVER A YEAR & HALF! SSA ALBANY REPEATEDLY ASKING ME WHO MY FATHER... View More

James L. Arrasmith
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answered on Dec 25, 2023

It sounds like you are facing a deeply distressing and complex situation. Firstly, it's important to address any immediate safety or health concerns. If you are in danger or need urgent help, consider reaching out to local support services or hotlines that can provide immediate assistance.... View More

1 Answer | Asked in Employment Law and Employment Discrimination for New York on
Q: Can my job order me not to speak Spanish unless I am with a Spanish customer?

I'm from Florida.

James L. Arrasmith
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answered on Nov 19, 2023

In New York, employment law typically protects employees from discrimination based on national origin, which can include language. If your employer's policy of not speaking Spanish except with Spanish-speaking customers appears to be unfairly targeting your national origin or culture, it could... View More

1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: I have an at-will contract and I reported my director to HR for his unfounded negative bias against me.

I claimed he treats me unfairly and this is a hostile workplace for me. I know that the company can terminate me without cause and no severance since it is an at-will contract. I have a few pointers that might be considered evidence that can support my claim. Is there anything I can do if they do... View More

James L. Arrasmith
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answered on Nov 19, 2023

In New York, even under an at-will employment contract, there are legal protections against wrongful termination, especially if it's in retaliation for reporting workplace issues. If you reported your director to HR for bias and unfair treatment and then faced termination, this could... View More

1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: Are unprotected classes protected against retaliation by law?

I filed a report regarding my director and I wonder if HR or the director will retaliate against me, am I protected by law?

James L. Arrasmith
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answered on Nov 17, 2023

In New York, anti-retaliation laws typically protect employees who engage in protected activities, like reporting discrimination or other unlawful practices. However, if you are part of an "unprotected class," the legal protections may not be as clear-cut. Generally, these laws protect... View More

1 Answer | Asked in Employment Law and Employment Discrimination for New York on
Q: Is it an actuary that needs to be hired to determine lost wages from promotion denial?

Passed over for promotion due to medical condition by nyc. Filed lawsuit. Offer of X amount. I thinks its low. Is it an actuary that I would hire to determine actual lost futures wages?

Tim Akpinar
Tim Akpinar
answered on Oct 31, 2023

This is something that employment law attorneys would know best, but your question remains open for two weeks. Until you're able to consult with an employment law attorney, from the general standpoint of expert witnesses, an actuary is often an insurance professional who deals with evaluating... View More

2 Answers | Asked in Employment Discrimination and Employment Law for New York on
Q: Can I be fired because I wasn’t able to come in to work due to quarantine in New York State?

Hello, my name is Brian I recently contracted COVID-19. I informed my manager of this inconvenience to which she replied. Thanks for the heads up. Two days later I get a message from her stating that other employees are sick and there is no coverage for the night I reply to her by saying I feel a... View More

Michael Diederich Jr.
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answered on Sep 19, 2023

Depending on the size of the employer and your length of employment, you may be protected by the federal Family Medical Leave Act, as well by parallel state or municipal law.

It would have been responsible--indeed, immoral-- for you to go to work while contagious with Covid-19. it may...
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2 Answers | Asked in Employment Discrimination and Employment Law for New York on
Q: My employer is sending me a termination letter while I am on FMLA / NYPFL for my newly born child. What do I do?

I would like to know my rights since FMLA should have job protection and what steps to take

T. Augustus Claus
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answered on Sep 18, 2023

If you receive a termination letter while on FMLA (Family and Medical Leave Act) or NYPFL (New York Paid Family Leave) for the birth of your child in New York, it's crucial to understand your rights and take appropriate steps. Begin by reviewing your eligibility for FMLA and NYPFL to ensure... View More

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3 Answers | Asked in Civil Rights, Employment Discrimination and Employment Law for New York on
Q: Harassment and defamation from my job and they fired me today and I notified human resources department today as well

I need help

Tim Akpinar
Tim Akpinar
answered on Aug 14, 2023

I'm sorry about your ordeal. I can only speak for the defamation aspect of your post. An employment law or civil rights attorney could advise about elements related to your harassment and termination. If you suffered defamation (slander - verbal form, or libel - written form), you could... View More

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1 Answer | Asked in Employment Discrimination for New York on
Q: Can a fashion designer not hire you as a model for a show if you’re diabetic with an insulin pump?

I was first offered the opportunity but then he had second thoughts because I wear an insulin pump. He’s afraid it may show or something would happen.

Jack Mevorach
Jack Mevorach
answered on Aug 13, 2023

Both of his concerns can be overcome. I'm thinking ADA, but I don't think a lawsuit is in your interest. Other attorneys may disagree.

Jack

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