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My husband, who is 63, works as a safety specialist at Amazon and was recently informed that he needs to switch from day to night shifts. I suffer from anxiety, panic attacks, and bipolar disorder, and rely on him for support. Can Amazon legally terminate his employment if he refuses the night... View More 
I recently lost my job and was offered a severance package, being relieved of my duties on March 25th. Officially, my employment ended on March 28th, and benefits were terminated on March 31st. I have experienced stress-induced vertigo, which led me to apply for disability benefits through my... View More
I work at a casino, and during a private conversation with a few coworkers about religion, our manager overheard us and warned that discussing religion at work would lead to us being sent home and receiving a point as a disciplinary action. There aren't any known policies about discussing... View More
It was due to attendance and being late to work. But I do have FMLA for an issue with my daughter’s health. And have health issues of my own which affect attendance as well. But I did not have FMLA for that because I was given a false sense of security that I didn’t need it. I can get medical... View More
I was taken out of work by my neurologist on March 19th due to illness, and a request was submitted for disability paperwork. My doctors provided the information, which my employer insisted on submitting on my behalf. They submitted it on March 28th, after calling me and terminating my employment,... View More
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answered on Apr 18, 2025
It depends on more detailed facts. You state "in your state" which implies that you may have performed work in a state outside New York. We are licensed in New York and each state has unique labor laws which are at least to federal standards and most go beyond federal law coverage. There... View More
I am an executive assistant and recently faced a family emergency when my father had a stroke and underwent surgery. I informed my employer in advance that I would be late and later that I would not be coming in at all due to this emergency. My employer did not respond to my messages or calls.... View More
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
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answered on Apr 7, 2025
Start by documenting the conversation in detail. Write down everything that was said, including the date, time, and location, along with the names of anyone who was present. This documentation will be crucial if you decide to report the incident later. Having a clear record will also help you... 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
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answered on Apr 12, 2025
If you feel uncomfortable completing the Individual Development Plan (IDP) due to concerns about the representatives, it’s important to communicate your concerns respectfully but clearly. Start by explaining to your supervisor or the appropriate authority at the homeless shelter that you have... 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
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answered on Apr 13, 2025
In New York, whether you're entitled to a payout for unused Paid Time Off (PTO) upon layoff depends on your employer's written policy. If the policy clearly states that unused PTO is forfeited upon separation, and you were informed of this in writing, the employer may not be required to... 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
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answered on Apr 13, 2025
Yes, you can apply for and take NY Paid Family Leave (PFL) after your layoff date, but there are important considerations to keep in mind. In general, your eligibility for PFL depends on your employment status before you take the leave. If you are still employed as of your last day of work and meet... 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
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answered on Apr 13, 2025
Under New York labor law, for an employee to be classified as exempt, they must meet the salary threshold and certain job duties criteria. The minimum salary threshold for exempt employees is $1,237.50 per week. If your base salary is $1,000 per week and you are not paid overtime when working more... 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
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answered on Apr 12, 2025
Your holiday back pay claim falls under New York Labor Law §198, which establishes a six-year statute of limitations for wage claims - significantly longer than many other states. This extended timeframe potentially allows you to recover unpaid holiday compensation dating back to 2018, though... 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
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
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
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