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New York Employment Law Questions & Answers
0 Answers | Asked in Employment Law for New York on
Q: What can I do about my employer not paying me or providing answers about not paying me for a month?

the first paycheck got wrongfully deposited into a closed account due to ADP not updating the information for it even though i have proof that i updated it and the second was a check sent to my bosses house that i still have yet to see. i have contacted my 3 supervisors and the HR department with... View More

1 Answer | Asked in Employment Law and Employment Discrimination for New York on
Q: What is needed for emotional distress case

I worked for over 6 yrs without ever being promoted or receiving clear feedback on how to advance. Despite repeatedly reporting instances of being spoken to disrespectfully by coworkers, management dismissed my concerns, telling me to 'let it go.' Over time, the ongoing mistreatment... View More

V Jonas Urba
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answered on Nov 15, 2024

I worked for over 6 yrs without ever being promoted or receiving clear feedback on how to advance. PRIVATE EMPLOYERS ARE NOT REQUIRED TO PROVIDE FEEDBACK ON HOW TO ADVANCE BUT THEY CANNOT DISCRIMINATE AGAINST ANY PERSON BECAUSE OF ONE OR MORE PROTECTED CLASSES TO WHICH AN EMPLOYEE BELONGS.... View More

0 Answers | Asked in Employment Discrimination, Employment Law and Libel & Slander for New York on
Q: Someone is accusing me of harassment over the internet but i believe i am being impersonated and was just fired

I am the victim of impersonation, defamation, libel, harassment and discrimination. I was recently fired because a co-worker claimed I was harassing them through email and subsequently telling other employees disparaging and complete falsehoods while slandering my name. My character has been... View More

0 Answers | Asked in Employment Law for New York on
Q: My former Employer is refusing to pay out my PTO after I have been laid off

I am a resident of NYS and was a work from home employee. My former Employer is in PA. The 2 states appear to have conflicting laws. NYS sated it MUST be paid out but PA says the company does so in accordance to its written policy. Which takes precident?

1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: Hello- I am looking for an employment lawyer that is pay if we win to discuss my case. If there is anyone in NY?
Brian Greben
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Brian Greben
answered on Nov 6, 2024

Yes, there are many lawyers who accept cases on a contingency fee basis.

1 Answer | Asked in Employment Law and Immigration Law for New York on
Q: Hi. I would like to know is move2usajobs real? Are there legit works there or scam?

They say they collect visa sponsor jobs but I’m afraid they might lie.

James L. Arrasmith
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answered on Oct 5, 2024

Move2usajobs is a platform that aggregates job listings from various sources, including positions that offer visa sponsorship. Many users have found legitimate opportunities through the site, especially those seeking employment in the United States with employer support for visas.

However,...
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1 Answer | Asked in Contracts, Employment Discrimination and Employment Law for New York on
Q: Is my employer required to pay moving fees to return equipment I let them?

I've resigned and want my employer to pay to have the equipment sent back to me. They have refuse to pay this. I received no rent or pay for lending this equipment and it was used to help the business. Do I have any recourse?

Neil P. Flynn
Neil P. Flynn
answered on Sep 26, 2024

Thank you for reaching out to us regarding the legal issue your facing.

As I understand it there is no agreement in place regarding the equipment. And you voluntarily provided it for use in the course of your employment and your employer's business. Under these circumstances, it's...
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1 Answer | Asked in Employment Law and Civil Rights for New York on
Q: I live in NYC and I was required to sign a severance agreement in order to be paid vacation time. Is this legal?

I am unsure if I have been discriminated against and was made to sign a severance agreement with my former employer that says I cannot file discrimination against the company

James L. Arrasmith
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answered on Sep 24, 2024

In New York City, employers are generally allowed to require employees to sign severance agreements in exchange for benefits, like unused vacation time. However, this can become problematic if the agreement forces you to give up your rights in an unfair or discriminatory manner. You should be... View More

1 Answer | Asked in Employment Law and Personal Injury for New York on
Q: As a federal employee, are Kalkines and Garritty violations grounds for Federal Tort Claims Act based legal action ?

After being threatened by my supervisor with termination (administrative actions), I was then summoned for an interview with federal investigators for questioning regarding an incident in the workplace. I was advised by a representative not to show up for said interview. After a lengthy... View More

David Fallon
David Fallon
answered on Sep 12, 2024

Dear federal employee:

I'm sorry to hear you went through this situation. Unfortunately, I don't think an attorney will be able to give you a definitive answer based upon the information you've provided. You ask if "Kalkines" and "Garrity" violations...
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1 Answer | Asked in Employment Law for New York on
Q: Employment Contract sole provision ON SEVERANCE relates ONLY to waiver of claims

Contract sole provision is regarding severance : "Any severance payments will be

conditioned upon your execution and non-revocation of a release of claims in favor of the

Company and its affiliates in a form reasonably satisfactory to the Company"

Employer has... View More

Maurice Mandel II
Maurice Mandel II
answered on Sep 19, 2024

This ER has attorneys that drafted this GENERAL RELEASE "severance agreement." You need an attorney in your corner to tell you what you are potentially giving up in potential claims against the company, in exchange for the severance package. Are you giving up claims worth $10k for a $9k... 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
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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

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