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New York Employment Law Questions & Answers
0 Answers | Asked in Consumer Law, Contracts and Employment Law for New York on
Q: Can I sue for spam email after I unsubscribed?

I applied for a job in Florida I was in the hiring process due to personal reasons I wasn’t able to move on to the next step. I unsubscribed to their mail list but now for the past two months I’ve been receiving them. It feels as if they have my personal information in their system still.

0 Answers | Asked in Employment Law for New York on
Q: Can an HR department "take back" a commitment?

HR was awaiting market analysis results to determine if employee wages were competitive and in line with others in the field. When the market analysis took longer than expected we were told we would receive back pay starting Sept 30 2023 if the analysis determined we were below market.

Now... View More

0 Answers | Asked in Employment Law for New York on
Q: Would a recording made legally of a NYS Agency Director personally threatening an employee in NYS service be actionable?

(this also happened on state time on state property, and was by no means the only type of harrasment that occurred)

0 Answers | Asked in Employment Law for New York on
Q: Is it legal to ask someone to sign a document but not allow them to have a copy or even take a photo of the document?

NY state, place of employment. Forced to sign without HR presence.

0 Answers | Asked in Employment Law, Civil Litigation and Communications Law for New York on
Q: The job set up a second camera on the sales floor without informing us that it records audio. For the past two years,

every conversation at the front of the store has been recorded without any prior warning including conversation with customers and coworkers . Would I be able to take legal action if I choose to? (New York)

0 Answers | Asked in Employment Law for New York on
Q: Where can I anonymously and externally report non-exempt employee of financial company committing time theft?

Non-exempt employee late everyday as far back as January 2024. In addition, missing hours out of each day. Work hours 8am-5pm ET. Employee's calendar shows meetings scheduled for 8am but at 8:30am most times, still offline with status indicating "Last seen yesterday." Leaves about... View More

0 Answers | Asked in Employment Law for New York on
Q: Are notice periods enforceable in employment contracts?

If an employment contract requires 3-months notice period for leaving, what are the consequences of providing an earlier notice period?

0 Answers | Asked in Employment Law and Business Law for New York on
Q: What are an employers legal obligations when it comes to keeping employees in an office safe from the general public?

My wife works in a small office that is accessible to the general public, she is sometimes the only person in the office all day. What are her employers obligations when it comes to security?

0 Answers | Asked in Employment Law, Gov & Administrative Law and Health Care Law for New York on
Q: Can my employer (federal government) deny a telehealth doctors note for a day and a half?

I was feeling feint after being put in a training room with no air conditioning. I got up and tried to go to the bathroom but had to sit down because I think I was having a medical episode. I had intense cramps and cold sweats for an hour and a half. Because I am in training I needed a doctors... View More

Q: Am I able to sue the NYCDOE for discrimination and distress after they bullied me into resigning my job last year?

In February 2023, I put up my flag of Palestine in my classroom. I immediately began facing discriminatory behavior from my colleague and my principal. I had to take a leave of absence because they caused me to have a nervous breakdown. Shortly after, my father passed away suddenly only five days... View More

James L. Arrasmith
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answered on Aug 31, 2024

It sounds like you’ve been through an incredibly challenging time, both personally and professionally. Given the circumstances you described, you may have grounds to pursue legal action against the NYCDOE for discrimination and the distress it caused you. The situation involving your Palestinian... View More

1 Answer | Asked in Civil Litigation and Employment Law for New York on
Q: I was recently put on a very questionable performance improvement plan. Is this confidential? Manger showed my team.

He showed spreadsheets during online meetings to my entire team twice that showed I was on a Performance Improvement Plan and now people in other areas of the company several states away whom I have never even met are aware of this and it has gotten back to me. Do I have a case or any recourse?

Tim Akpinar
Tim Akpinar
answered on Aug 11, 2024

I'm sorry this happened to you. Most sensible people would find this humiliating and demoralizing, notwithstanding what the law or your team situation legitimizes in terms of sharing such information. Speak with employment attorneys - they are knowledgeable in this area. Your question was... View More

2 Answers | Asked in Employment Law for New York on
Q: I need help getting paid from company i did contract/freelance work for in 2023/2024.

I submitted 2023 invoice for 15,500 + 463.00 in expenses on March 14th,2024 and 2024 invoice for 15,000 + 457.00 in edpenses on May 12th, 2024. I have been emailing with CFO since May and keep getting told they are having cash flow issues, working with lenders/banks and plan on paying me,etc but... View More

Jack Mevorach
Jack Mevorach
answered on Jul 8, 2024

What is the total amount you are owed?

Jack

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1 Answer | Asked in Contracts and Employment Law for New York on
Q: I work as an employee for a small tutoring company. I am looking to resign and have questions about the contract.

My current contract is for a tutor as an employee. In my current contract, these are the only two provisions related to client payment and referrals:

Tutor agrees to accept no direct payment from clients (current and past) introduced by (company name) . All payments from clients will be... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jul 8, 2024

At the threshold, interpretation of contracts and their associated non-compete clauses requires a detailed analysis of the document, focusing on its language, its intended purposes, and its compliance with background law and public policy. It is really not possible to advise on the effect of a... View More

1 Answer | Asked in DUI / DWI, Gov & Administrative Law, Employment Law and Admiralty / Maritime for New York on
Q: Appealing Coast Guard decision

Hello, I was taking contaminated gummies and failed pre employment drug test. Please advise, I completed class and evaluation, Coast Guard took my credentials without any notifications.8

Tim Akpinar
Tim Akpinar
answered on Jul 6, 2024

It might be difficult to get guidance on this here - it's a narrow niche, even within the realm of maritime practitioners - most of whom don't work in this sector. There are some attorneys who handle Coast Guard credentialing and licensing issues involving Administrative Law Judges. You... View More

Q: I was fired a few Years ago because of my Disability, Also this same Health Care Facility spread Damaging Rumors

The Damaging and Personal attacks this Health Care Facility has spread has prevented me from getting Jobs in this town, Even my Firing was not my Fault. The personal attacks has damaged my Personal Life and Family Life

The Administators tried everything to push me out

All of this... View More

Tim Akpinar
Tim Akpinar
answered on Jun 22, 2024

What you describe could be a tough case. Whether the attorney who dismissed the prospects of a disability case or HIPAA case was an employment law or health care law attorney, defamation-based cases can be costly. Your frustration of what was done to your reputation is understandable, but it could... View More

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4 Answers | Asked in Criminal Law, Employment Law, Personal Injury and Cannabis & Marijuana Law for New York on
Q: Coworker knowingly drugged coworker at work and boss is trying to sweep it under the rug

Worker A was given a candy as they left for the day by Worker B. Worker B did not tell Worker A that the candy was laced with THC. Worker A was hospitalized 2 days for drug toxicity. The manager for both workers is trying to prevent and coerce Worker A to not report anything and to pay her own... View More

Aubrey Claudius Galloway
Aubrey Claudius Galloway pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 2, 2024

Worker A has a civil cause of action for battery against worker B, as worker B intended to cause harmful of offensive contact and did cause harmful or offensive contact. Giving the candy over satisfies the prong for "contact". There may be criminal liability too, but worker A should hire... View More

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1 Answer | Asked in Constitutional Law, Identity Theft and Employment Law for New York on
Q: Use of my personal ID at a previous company, identity fraud, damage to my reputation, loss of my only income,ect.

Dear lawyers,

I have an interesting case for consideration. Please contact me to discuss potential cooperation.

Upon employment at a new cable company, I was informed that I couldn't start working the following month because my previous cable company, after my departure,... View More

James L. Arrasmith
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answered on Jun 15, 2024

Dear Dmytro,

I'm sorry to hear about the difficult situation you're facing with your previous employer misusing your technician ID number. That certainly sounds frustrating and concerning.

It seems there are a few potential issues at play here - misuse of your identifying...
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1 Answer | Asked in Employment Law for New York on
Q: Can I disclose documents or their contents to law enforcement if bound by confidentiality by the Company?

As part of confidential settlement discussions for a whistleblowing retaliation termination, the Company provided documentation that both helped their case and hurt it. I have/had an attorney that for many reasons I have lost confidence in. Not only did the attorney not check with me before... View More

Jack Mevorach
Jack Mevorach
answered on Jun 12, 2024

Have you notified the company that the documents are being requested? Have you received a subpoena? Have you spoken with an attorney?

Jack

2 Answers | Asked in Constitutional Law and Employment Law for New York on
Q: What conditions can fire commissioner expel an assistant fire chief for misconduct
James L. Arrasmith
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answered on Jun 1, 2024

A fire commissioner can expel an assistant fire chief for various types of misconduct. Misconduct might include violations of department policies, failure to follow safety protocols, or engaging in illegal activities. These actions undermine the trust and integrity required in a leadership position... View More

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