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New York Employment Law Questions & Answers
0 Answers | Asked in Employment Law for New York on
Q: I was recruited by a company and given stock options and was told the company would be sold in 2years and the options

Would be fully vested

The company was sold within 2 months of employment and my options were no goodI'lbecause they sold assets and not company and I am out of a job can I sue

0 Answers | Asked in Employment Law for New York on
Q: I was recruited by a company and given stock options and was told the company would be sold in 2years and the options

Would be fully vested

The company was sold within 2 months of employment and my options were no goodI'lbecause they sold assets and not company and I am out of a job can I sue

1 Answer | Asked in Business Law and Employment Law for New York on
Q: If my employer lists a separate fee to clients for a special service by me above and beyond the normal contract cost.

Can he then pay me less than they think they are paying me? Is this fraudulent billing?

Tim Akpinar
Tim Akpinar
answered on Aug 29, 2022

The employment law attorneys here would have the best insight into this, but your question remains open for two weeks. However, as a general contract law matter, it isn't unusual for companies to impose a margin on what they pay employees or contractors - this is a basic business model. It... Read more »

1 Answer | Asked in Employment Law for New York on
Q: Is there a way to prevent being let go due to performance after announcing that I am pregnant?
Carrie Dyer
Carrie Dyer
answered on Jul 20, 2022

In an at-will state like New York, you can be terminated for any reason or no reason. Announcing your pregnancy does not prohibit your employer for terminating your employment due to performance. However, if you are terminated and believe that your pregnancy played a factor in the decision to... Read more »

2 Answers | Asked in Employment Law for New York on
Q: Can you revoke an independent contractor clause with significant evidence of employment link + contradictory language?

- Firm entered a Services Agreement to provide services for a financial services company as an independent contractor

- After the agreement was executed, the plaintiff was required to perform duties beyond the scope of Agreement

- Plaintiff was also subject to employee policies... Read more »

Brian Greben
PREMIUM
Brian Greben
answered on Jul 6, 2022

An "independent contractor clause" doesn't do much. Whether a person is an employee or independent contractor is determined by details of the person's job duties, compensation, etc.

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1 Answer | Asked in Health Care Law and Employment Law for New York on
Q: Hi, My name is Aina.I just got fired from my job because of my health condition. What should I do?

Back in 2018, I had an accident in my country, so I have a back problem and the day I did interview with my employer, I already explain to them that I am in a session of treatment actually. They accepted to hire me which was a months ago, and today, they just fired me because I did not work... Read more »

Tim Akpinar
Tim Akpinar
answered on Jun 22, 2022

I'm sorry you were fired. This is something that the employment law attorneys here would have better insight into than personal injury attorneys. There's no guarantee that all posts on this Q & A board are picked up, but if you reposted and added Employment Law as a category, you... Read more »

1 Answer | Asked in Contracts, Employment Law, Civil Litigation and Collections for New York on
Q: I got a demand letter for the a sign on bonus. I left my job and the letter had no clawback. They want repayment.

I received a demand letter, I left the job due to hostile environment. I had to contact the labor department to collect my last wages. Now the demand letter wants repayment for half of the bonus’s I was paid. The offer letter has no clawback or mention of any repayment. I don’t mind paying if... Read more »

Michael David Siegel
Michael David Siegel
answered on Jun 21, 2022

Obviously, the matter is governed by the agreement. Have a lawyer look at it for a few bucks. If you have to pay it back, do so only with a release agreement, etc.

1 Answer | Asked in Employment Law for New York on
Q: can I sue my union representative for failing to follow up with my job placement

i’ve reached out multiple times via phone and email and was told a date for a response but never got one

Tim Akpinar
Tim Akpinar
answered on Jul 9, 2022

I'm sorry your question remains open for three weeks. This is something an employment law attorney would probably have the best insight into. There's no guarantee all posts are ultimately picked up here, but you could repost and add Employment Law as a category. Good luck

1 Answer | Asked in Employment Law for New York on
Q: i would like to directly speak to an attorney in reference to the detailed information below

i was given an impromptu meeting in regards to a allegation of creating a hostile work environment...after i was suspended for five days without pay....the meeting brought forth no evidence of the allegation as no witnesses were called and more importantly my private medical issue with there very... Read more »

Brian Greben
PREMIUM
Brian Greben
answered on May 16, 2022

You should contact an experienced employment/labor attorney to go over the details of your case. From the small amount available in this public forum, it certainty sounds like you have reason to be concerned.

1 Answer | Asked in Employment Law for New York on
Q: If someone made a tiktok nothing bad at all, just them dancing with a dog at work can they get fired from their job?

My friend made a harmless video of her dancing with a dog at work (she works at a doggy daycare). she was then fired for the video four days later after posting it she also recently worked a full shift then after they told her to delete the video and she was fired Right after.

Tim Akpinar
Tim Akpinar
answered on Jun 3, 2022

I'm sorry your question remains open for four weeks. The attorneys in the Employment Law category would have the best insight into hiring, firing, and other job-related issues. Your question must have gone unnoticed in this category. There's no guarantee all posts are picked up; some... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: Should HR have disclosed my identity to my subordinate upon filing a discrimination incident report against him?

I work for a state government office. One day, my subordinate began loudly uttering (using profanity), derogatory remarks about another worker whom has a slight mental disability. He was threatening to "tell him off" if approached by the other employee, and was making negative comments... Read more »

Tim Akpinar
Tim Akpinar
answered on May 12, 2022

I'm sorry your question remains open for two weeks. You could repost under the "Employment Law" and "Employment Discrimination" categories instead of "Uncategorized." There's no guarantee that every question here is answered. Some questions do go unanswered.... Read more »

1 Answer | Asked in Employment Law for New York on
Q: MTA LIRR worker here…. Can I be fired for medical cannabis use on my off time???
Tim Akpinar
Tim Akpinar
answered on Apr 25, 2022

This is not really a medical malpractice matter; it is something that an employment law attorney would probably have the strongest insight into. You could repost under the Employment Law category. There's no guarantee all posts are picked up, but there would probably be better chances of a... Read more »

1 Answer | Asked in Employment Law for New York on
Q: Are there a number of consecutive weeks a parttime worker has worked 38 hrs or more where they can be made into fulltime

I am a part time employee working 38+ hours a week and believe that there is something that would constitute my job into full time with benefits at

V. Jonas Urba
V. Jonas Urba
answered on Mar 5, 2022

Carefully review your employee handbook and/or all of your employer's policies. Although those policies, rules or guidelines usually do not form contracts most intelligent employer's will follow them. The reason for doing so is that employers will refer to those policies and use them in... Read more »

1 Answer | Asked in Employment Law for New York on
Q: My job offer letter states that it can not be amended or modified except by written agreement signed by the employer an

My job offer letter states that it can’t be modified or amended except for written agreement signed by the employer and myself.

Can the employer modify the agreement after my start date and compel me to comply if I don’t agree and sign.

V. Jonas Urba
V. Jonas Urba
answered on Mar 4, 2022

An offer letter is different from an employment contract. Most offers are "at will." The employee can leave or employer can ask the employee to leave. No reason is needed for either employee to quit or employer to end the "at will" relationship.

Signing an offer letter...
Read more »

1 Answer | Asked in Employment Law for New York on
Q: 10/3/18 - signed a "non-solicitation" that blocks specified services. Is this non-compete and should follow MNAA?

NY employee started with Mass employer on 10/1/18 (first day of Mass MNAA). On 10/3/18 employee signed a "Non-Solicitation Agreement" on third day of employment without any advanced notice of the agreement in the offer letter. For 18-mo employee cannot "render any management-related... Read more »

V. Jonas Urba
V. Jonas Urba
answered on Feb 23, 2022

"Employee wants to take clients they brought into the company" is a red flag. If employee had been acquainted with or done business with a client before accepting employment with a company that might be ok? But the "ok" depends on what the employee did prior to accepting... Read more »

1 Answer | Asked in Employment Law for New York on
Q: Is it legal for the Dr to record patients and employees without their consent? Is it a HIPAA violation?
V. Jonas Urba
V. Jonas Urba
answered on Feb 10, 2022

HIPAA protects patient identifying information and medical information associated with patients from being shared with others who are not authorized to view or listen to that information.

New York State is a one party consent state when it comes to recording anyone. You may recall a now...
Read more »

1 Answer | Asked in Employment Law for New York on
Q: Could I sue my employer for negligence? Today a person got injured as a result of jobs negligence we where moving heavy

This is only one possible lawsuit worthy instant there are many other things such as not being paid on time.Sometimes not getting paid for time that was put in and there was also a promise for health care in my contract that wasn't fulfilled as of yet. The place I work at cost 1.5 billion... Read more »

Tim Akpinar
Tim Akpinar
answered on Feb 23, 2022

This is something that the employment law and workers' comp attorneys here would know best, but your question remains open for two weeks. In general, employees injured in the course of their employment usually go through workers' comp insurance for their medical expenses and lost wages.... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Employment Discrimination and Employment Law for New York on
Q: Can a person be discriminated because of their religion at their place of employment.
Lisa I. Fried-Grodin
Lisa I. Fried-Grodin
answered on Feb 4, 2022

It is unlawful to discriminate against an employee based on their religion under both federal, NY and NJ discrimination law. You should consult with an employment attorney to discuss your matter further and get advice on how to address this.

1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: Can I take legal action against a current employer when I expressed repeated unsafe workplace activities?

Good evening,

I have an ongoing concern at my current workplace that does not seem to be changing. And I am seeking legal advice.

I have written a statement to a current employer about harassment, unprofessional discriminatory comments, and unsafe distribution activities with heavy... Read more »

Jordan T. Newport
PREMIUM
Jordan T. Newport
answered on Jan 24, 2022

First of all, I would like to tell you that I'm sorry that you are having to go through these things at your workplace.

As for the harassment and the discriminatory comments, largely, these will be lumped together as to how they are treated in the legal context. To constitute either,...
Read more »

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