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New York Employment Law Questions & Answers
0 Answers | Asked in Employment Law for New York on
Q: I recently was let go from my job without any real explanation. I worked their for 5months & everything was going well.

HR call me to a room to tell me that I was unsatifactory probation. I told them I did everything on my work objectives and I was. told everything was going well. It seems like a lie. What can I do?

0 Answers | Asked in Employment Law, Civil Rights and Employment Discrimination for New York on
Q: Is it legal for a liquor store to sell to a customer who states they are intoxicated, especially after violating

My transgender child and I work for a family-owned liquor store. On Thursday April 11th I left work in the afternoon and my child stayed to close with a co-worker. When I picked him up at close he was very upset. He stated that a customer came in the business, stated clearly out loud that he was... View More

0 Answers | Asked in Employment Law and Employment Discrimination for New York on
Q: I have a situation with my work place and bosses and HR. I have disclosed why I have frequent absences. I got demoted.

Now I am working as part time. The immediate supervisor saw me on the first day of returning to work, she didn’t even say hello. I was being pushed to part time without any discussion. I have doctor notes for my absence. I have several chronic illnesses which makes me prone to infection. I told... View More

0 Answers | Asked in Employment Law for New York on
Q: My full time employer scheduled me off for 3 weeks then completely cut off communication

I was employed with a contractor working for FedEx ground as a full time employee me and my kids were sick a couple of times in Feb on Feb 26 I called in sick the manager said it’s Monday we really need you I was throwing up and in bed all day. At the end of the day he called and said I was off... View More

0 Answers | Asked in Employment Discrimination and Employment Law for New York on
Q: Did my supervisors at work violate a incident report procedure from a allergic reaction I had from nitrile gloves?

I had an allergic reaction to nitrile gloves. I believe it was nitrile gloves that caused it. I was left to fill out an incident report on my own and was never inspected or checked for the severity of the reaction. I turned in the report at the end of my shift as requested and went home. The last... View More

0 Answers | Asked in Employment Law for New York on
Q: Do I have to pay union dues in NY state?

The union agreement states "It is understood that any authorization of payroll deduction (of dues, assessments, and inflation fees) shall be voluntary on the part of the employee and may be canceled at yearly intervals or at the termination of this Agreement, whichever comes first."

0 Answers | Asked in Employment Law for New York on
Q: I am a newly hired remote employee working in NY with a company headquartered in Belgium and an office in MA. As part of

my benefits package, I am offered 2x salary paid by the company in life insurance. However, they are requiring me to complete an EOI questionnaire that is fairly detailed (invasive) I believe due to the coverage amount being over a certain $ limit. I have usually taken advantage in past jobs of the... 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 Law, Immigration Law and Business Formation for New York on
Q: My brother who has a greencard, has an llc with no other employee. With my opt, can I work in his llc?
James L. Arrasmith
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answered on Mar 10, 2024

Based on the information provided, there are a few important considerations:

1. As an F-1 student on Optional Practical Training (OPT), you are allowed to work in the U.S. as long as the employment is related to your field of study. The work can be for any employer, including an LLC owned...
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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

3 Answers | Asked in Employment Law for New York on
Q: In NYC can I insist in communicating with my boss thru email rather than in person to leave a paper trail for protection

If so can they deny me this request

T. Augustus Claus
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answered on Feb 23, 2024

In New York City, while you generally have the right to request email communication for work purposes, your boss can ultimately decide the preferred method. They might have valid reasons like fostering better collaboration or addressing sensitive topics in person. However, if you have concerns... View More

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1 Answer | Asked in Tax Law, Employment Law, Antitrust and Civil Rights for New York on
Q: My Amended 2020 TAXES have been illegally re- Amended 3x! And my Forms 3949-A/ 211 for Award were removed!? Conspiracy!

Mass State Employees from REVIEW BOARD/MASS DUA- PUA / DOR HAVE SENT LETTERS INTO NY OTDA OFFICE IN ALBANY, THESE PPL HAVE OBLIVIATED MY CIVIL RIGHTS BASIC HUMAN RIGHTS TO SHELTER, VIOLATING TITLE 18§ 371 CONSPIRACY, DEPRIVATION OF RIGHTS, MASS TOLD NY I DIDNT FILE MY 20' TAXES? I DID &... View More

James L. Arrasmith
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answered on Feb 22, 2024

It sounds like you're facing a serious and concerning situation regarding your tax filings and interactions with government agencies. It's understandable that you're feeling frustrated and overwhelmed by what appears to be a series of mishandlings and potential violations of your... View More

2 Answers | Asked in Employment Law for New York on
Q: If an administrator tells you that you have no business teaching children of another race and have been denied promotion

I have been harrassed, menaced, and have been treated differently than others in my job.

Christopher Marlborough
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answered on Feb 13, 2024

The situation you describe sounds like a potential race discrimination case. If you are denied a promotion, or otherwise treated differently than other employees based on your race, you may have a claim under federal state and/or New York City law. You should talk to an employment discrimination... View More

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1 Answer | Asked in Employment Law for New York on
Q: I work at metro by T-Mobile and someone broke the store windows and my boss is blaming me and making me pay for them.

Someone vandalized the store which is the same person stalking me and harassing me and he found out where I worked and broke the store windows and I told my boss it might be him and he said I would have to pay for the damages when I wasn’t at fault at all I can’t control people.

Christopher Marlborough
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answered on Feb 13, 2024

The short answer is no, the employer cannot require you to pay the damage. In New York, there is a short list of deductions an employer may take from a worker's salary, like wage overpayment, taxes, etc. Needless to say, the list does not include property damage caused by your stalker. The... View More

1 Answer | Asked in Employment Law for New York on
Q: Does an employer, have to tell the employee, that they are recording when asked by the employee in NY State?
Timothy Lenahan
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Timothy Lenahan
answered on Mar 1, 2024

New York is what is called a one-party consent state. That means that as long as one of the people involved knows that they are being recorded, it is generally legal to record. But to fully answer your question, more details would be needed.

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 Law for New York on
Q: Can I ask a Employee that drives a tractor trailer for medical clearance , if I observe him looking medically unfit?

He took vacation for some weeks and came back ready to work and he mentioned to us he couldnt move his arm for one day and felt weak. He said he went to the doctor and they checked him and said he is ok after running test. We are just concerned with him driving and possibly getting into a accident.

Christopher Q. Davis
Christopher Q. Davis
answered on Feb 5, 2024

Under the ADA, a disability-related inquiry or medical examination of an employee may be "job-related and consistent with business necessity" when an employer "has a reasonable belief, based on objective evidence, that: (1) an employee's ability to perform essential job... View More

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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2 Answers | Asked in Civil Rights, Constitutional Law, Employment Law and Landlord - Tenant for New York on
Q: I am employed and housed by my employer as a manager in upstate New York Jefferson county. I have privacy concerns

I work on property on site and live in a separate dwelling on site. I have concerns of audio being listened in on any particular camera at any time at two separate company properties and I have concerns of my private Internet traffic being stalked by the employer as well. I am finding difficulty... View More

James L. Arrasmith
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answered on Jan 21, 2024

It's understandable that you have privacy concerns given your unique situation of living and working on your employer's property in Jefferson County, New York. In the United States, employees do have certain rights when it comes to privacy in the workplace.

Firstly, you should be...
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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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