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I had an inappropriate and disturbing conversation at work with a coworker who is in a somewhat supervisory role. She made disparaging remarks about my relationship with my boyfriend, who is Middle Eastern, and commented on my family background in a derogatory manner. Another female coworker... View More 
I am a student worker at a homeless shelter and have been asked to complete an Individual Development Plan (IDP). I have concerns about the credibility of the representatives requesting the document, as they have mental health and gender identity issues, which make me uncomfortable sharing my... View More
I filed an amended complaint in an employment discrimination civil case. The respondent requested an extension until March 3, 2025, to answer, but the judge never granted the order according to the docket. As of March 26, 2025, I haven't received a response. The court is the US District Court... View More
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answered on Mar 27, 2025
Have you been able to contact the opposing party? I know the litigation is adversarial, but a courtesy call to see what's going on may save you a lot of time and unnecessary stress. You can always file for a default (if the procedural facts so dictate), the question is whether the default... View More
I am a non-U.S. citizen currently living in Morocco. I am interested in becoming a flight attendant in the U.S., specifically with Delta Airlines. My plan is to first apply for an F1 visa and then change my status to work legally in the U.S. What steps should I take to achieve this goal, and what... View More
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answered on Mar 23, 2025
Becoming a flight attendant in the U.S. as a non-U.S. citizen presents some challenges, but it's not impossible. The most significant hurdle you'll face is obtaining proper work authorization, as most U.S. airlines, including Delta, require candidates to have the unrestricted right to... View More
I was recently laid off from my job in New York after working for 3.5 years. I was not given any specific documents or agreements upon hire that mention PTO payout. Upon my layoff, my employer stated they would not pay out my unused and accrued PTO. Does New York law require employers to pay out... View More
I received notice of layoff due to a reduction in force, effective April 18, 2025, with my last working day on March 20, 2025. I plan to apply for NY Paid Family Leave to care for my father post-surgery starting March 28, 2025, but have not yet submitted the request. I've been with the company... View More
I believe I have been misclassified as an exempt employee under New York labor laws. I was paid$1,000 per week, but deducted a full day of pay when I did not meet the 40hrs and was not paid more than $1000 when worked over 40hrs which is below the required threshold of $1,237.50/week. Am I entitled... View More
I was employed with Pinnacle Group as a resident manager for 18 years. In August 2024, I resigned because I felt my compensation did not match the amount of work I was doing. Upon leaving, I noticed I did not receive back pay for holidays worked throughout my tenure. The company had posted holiday... View More
I am facing aggravated DUI charges as my blood alcohol content was 0.20% when I was allowed to work while intoxicated and then drive home by my manager. My manager was aware of my intoxication throughout my shift. On the way home, I hit a mailbox, two fences, and damaged someone's property,... View More
answered on Mar 16, 2025
Unless the manager forced alcohol into your system they have zero liability. You voluntarily were intoxicated and have complete responsibility for your actions.
I was assaulted in my dorm on my college campus in New York about six months ago. I wasn't ready to report it immediately, but I did write about the incident in my diary and told a few people, including a counselor who facilitated a room change. I've attended counseling sessions since... View More
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answered on Mar 12, 2025
I’m sorry to hear about the assault you experienced. In New York, you still have legal options to pursue a case, even though six months have passed since the incident. However, the legal process can be complex, and there are a few things you should consider moving forward.
First, it’s... View More
I have been working for my employer for 5 years without receiving any paystubs, and I am only paid through Zelle. My employer refuses to provide weekly paystubs despite my requests. I use a time clock app to track hours worked, but I am concerned about the accuracy of my pay and tax withholdings,... View More
Between my last job and my current one, there was a 5-day overlap (01/06 to 01/10), and I was mistakenly paid by both employers despite only working for the second during that time. My H1B was approved for both during this period. I've communicated the payroll error to my first employer, but... View More
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answered on Mar 9, 2025
Your 5-day employment overlap is unlikely to significantly affect your future PERM, I-140, I-485, or H1B stamping processes. USCIS generally understands minor administrative mistakes, especially if you've made efforts to correct the issue promptly, as you have already done by contacting your... View More
I work as a kennel assistant at a vet clinic in New York. I have no formal schooling or licensure for veterinary practice. The licensed vet at the clinic has been increasingly rude and has physically bumped into us. Recently, he instructed us to euthanize a dog ourselves, which I believe is beyond... View More
My son has been working as a receptionist for a nursing home for about eight months and is classified as a 1099 independent contractor. He punches in and out using a time clock, is given a work schedule, and is told when to take breaks. His employment is per diem, and he does not receive any health... View More
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answered on Mar 7, 2025
Misclassification of employees as independent contractors is a serious problem because it deprives workers of important employment rights and benefits like minimum wage, overtime pay, unemployment insurance, workers' compensation, and retirement plans.
An independent contractor... View More
I'm an Air Traffic Controller applying for a Public Trust clearance and have concerns about my background. Since August 2024, I've been in contact with a woman from Colombia, sending her money occasionally for living expenses. I filed for Chapter 13 bankruptcy in November 2024 but am... View More
answered on Mar 7, 2025
Because his Ch13 is a given and he is not asking about his Ch13, his question is NOT a bankruptcy question, it's a Public Trust clearance question.
After 27 years with the FDNY, I was forced to retire in December 2021 due to the NYC Mandatory COVID Vaccination Policy. I wasn't ready to retire, which caused stress on me and my marriage. On my last day, an FDNY doctor told me I was a serious threat to everyone due to my unvaccinated status,... View More
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answered on Mar 27, 2025
You might have a potential discrimination case regarding your forced retirement from FDNY, but several factors would affect your claim. The timing is important, as you were forced to retire in December 2021, and there are time limits for filing discrimination claims that vary by jurisdiction. Your... View More
I worked at Company A, which was acquired by Company B. Post-acquisition, Company B terminated my employment. My separation agreement with Company B states I cannot make damaging or false remarks about the company or related parties, though I can respond to legal inquiries. Company A's former... View More
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answered on Mar 4, 2025
I would certainly speak with an employment lawyer, if you cannot avoid rendering the statement. If in fact, you are under a contractual obligation to not divorce, confidential information and you end up doing so then you might be in violation of such obligations and subject to whatever penalties... View More
I am a charge RN facing potential disciplinary action, possibly including firing or impacting my license, due to a recent incident of failure to rescue, where a patient went into cardiac arrest. The situation was exacerbated by chronic short staffing, lack of senior staff, and equipment... View More
answered on Mar 12, 2025
I'm sorry you are in this predicament. You post under "Employment" and "Health Care," and it would be best for the experienced employment law attorneys here to advise you. But your post remains open for a week, and time could be of the essence in proactively bracing for... View More
I was recently let go from my job after working for over a year and a half due to breaking a company policy, despite having a good track record. Another employee who broke the same policy received only a warning. No reason was given for the different treatment, and I have not raised this with HR. I... View More
answered on Mar 4, 2025
If there is evidence indicating that the disparate enforcement of company policy was motivated by illegal bias, you may have a case for wrongful termination based on discrimination against your former employer. Be sure to act in a timely manner as such claims are subject to strict time limitations.
I am seeking legal advice regarding ongoing issues at my security company. For the past two months, I've experienced several problems, including unpaid overtime, last-minute shift cancellations (often within 4 hours of the shift), and incidents where, after clocking in, I was informed that my... View More
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answered on Feb 18, 2025
I am sorry to hear about situation. You have a number of options, including filing a complaint with the NY State or Federal Department of Labor and consulting with an plaintiff's wage and hour attorney about a possible lawsuit. Many overtime attorneys will provide a free initial phone... View More
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