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New York Employment Law Questions & Answers
1 Answer | Asked in Employment Law for New York on
Q: I took a leave of absence for 3 months. I was preparing to return to my general manager position but received an email..

stating that I could take an entry level position.

What recourse do I have? I have been at the company as general manager for 7 years. I think they want me to quit, but I won't make it be that easy for them.

V Jonas Urba
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answered on Dec 28, 2023

Each employment law matter is heavily dependent on facts. Many times those facts are supported by communication which includes emails, texts, and even recordings. The reasons expressed for your leave are critically important. What your employer knew or should have known about why you took leave is... View More

1 Answer | Asked in Employment Discrimination, Employment Law, Sexual Harassment and Tax Law for New York on
Q: SEVERE HARASSMENT of WHISTLE-BLOWER, ILLEGAL FALSIFICATION OF MY WORK HISTORY AND TAXES PAID ,payback 2 SSI REMOVED!

NY office of TEMP & DISABILITY ( Mike P.,), received letters from MASS instructing to deny me benefits , harassment etc they e denied my SSI SUPPLEMENTAL THEN NEXT DAY SAID I AM DISABLED? NO FOOD STAMPS SLEEPING IN MY CAR FOR OVER A YEAR & HALF! SSA ALBANY REPEATEDLY ASKING ME WHO MY FATHER... View More

James L. Arrasmith
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answered on Dec 25, 2023

It sounds like you are facing a deeply distressing and complex situation. Firstly, it's important to address any immediate safety or health concerns. If you are in danger or need urgent help, consider reaching out to local support services or hotlines that can provide immediate assistance.... View More

1 Answer | Asked in Employment Law, Personal Injury, Civil Rights and Communications Law for New York on
Q: I was in a private meeting with my staff and she recorded our conversation. I was terminated for saying something bad.

My staff recorded me without my knowledge and it was used it to terminate me. I said something inappropriate and was used to terminate me. Is this lawful, can I sue my employee?

Mr. Douglas A. Petho
Mr. Douglas A. Petho
answered on Dec 4, 2023

New York is a one-party consent state meaning that you can record conversations if you're physically in the state and are a party to the conversation or if you have permission from one of the parties in the conversation. If neither of the parties to the conversation have consented then it is a... View More

Q: Can my company commander (army) deny me leave for a explicit doctors note for my wife.

My wife just had a miscarriage caused by my company commander and 1SG, we got a doctor’s note explicitly saying because she has 2 kids and recovering from a miscarriage that she’s on bed rest and that I need to be home to take care of her. They only gave me 3 days when the doctor said 2 weeks.

James L. Arrasmith
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answered on Dec 1, 2023

In the U.S. military, leave requests are generally subject to approval by a commanding officer, considering both the needs of the service and the individual circumstances of the service member. In cases like yours, where there's a critical family situation such as a medical emergency,... View More

1 Answer | Asked in Employment Law for New York on
Q: If i made money off of porn but my name was anonymous, and my face was never shown, and I quit posting right before I ap

y to be a public teacher will I not get hired?

James L. Arrasmith
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answered on Nov 29, 2023

When applying for a position as a public school teacher, background checks and assessments of your past conduct will typically be part of the hiring process. While your previous involvement in adult entertainment was anonymous and your identity was not disclosed, it’s important to be aware of the... View More

1 Answer | Asked in DUI / DWI and Employment Law for New York on
Q: Got offer letter from a spirit job & signed it. then they gave me a background check which fail due to dui 5 years ago.

Is there anything I can't do. It's 5 years ago that I got that misdemeanor.

James L. Arrasmith
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answered on Nov 28, 2023

When facing a situation where a job offer is rescinded or affected due to a past DUI (Driving Under the Influence) conviction, especially when it's a misdemeanor from five years ago, there are a few steps you can consider:

Review the Offer Letter and Company Policy: Check the details...
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1 Answer | Asked in Employment Law, Civil Rights, Constitutional Law and Gov & Administrative Law for New York on
Q: Once a settlement is reached in a NYSDHR case, how much time will the paying party have to make the payment?

Can the case be reopened and taken to trial if the paying party fails to make a payment or send over and documents regarding the settlement? It has been 6 months since company settled during NYSDHR pre trial settlement. Still have yet to receive any stipulations, statements, notifications on... View More

James L. Arrasmith
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answered on Nov 23, 2023

When a settlement is reached in a New York State Division of Human Rights (NYSDHR) case, the timeline for the payment by the paying party is usually outlined in the settlement agreement itself. This timeline can vary depending on the specifics of the agreement. If there's no specific timeline... View More

1 Answer | Asked in Employment Law and Employment Discrimination for New York on
Q: Can my job order me not to speak Spanish unless I am with a Spanish customer?

I'm from Florida.

James L. Arrasmith
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answered on Nov 19, 2023

In New York, employment law typically protects employees from discrimination based on national origin, which can include language. If your employer's policy of not speaking Spanish except with Spanish-speaking customers appears to be unfairly targeting your national origin or culture, it could... View More

1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: I have an at-will contract and I reported my director to HR for his unfounded negative bias against me.

I claimed he treats me unfairly and this is a hostile workplace for me. I know that the company can terminate me without cause and no severance since it is an at-will contract. I have a few pointers that might be considered evidence that can support my claim. Is there anything I can do if they do... View More

James L. Arrasmith
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answered on Nov 19, 2023

In New York, even under an at-will employment contract, there are legal protections against wrongful termination, especially if it's in retaliation for reporting workplace issues. If you reported your director to HR for bias and unfair treatment and then faced termination, this could... View More

1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: Are unprotected classes protected against retaliation by law?

I filed a report regarding my director and I wonder if HR or the director will retaliate against me, am I protected by law?

James L. Arrasmith
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answered on Nov 17, 2023

In New York, anti-retaliation laws typically protect employees who engage in protected activities, like reporting discrimination or other unlawful practices. However, if you are part of an "unprotected class," the legal protections may not be as clear-cut. Generally, these laws protect... View More

1 Answer | Asked in Employment Law for New York on
Q: What should commission employees of a Not for Profit get paid for sick leave in NY? Minimum wage or avg of commission?

This is what I found on NYS for Paid Sick Leave

https://www.ny.gov/new-york-paid-sick-leave/new-york-paid-sick-leave#amount-of-leave

RATE OF PAY

Employees must be paid their normal rate of pay for any paid leave time under this law, or the applicable minimum wage rate,... View More

James L. Arrasmith
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answered on Nov 17, 2023

Under New York's Paid Sick Leave law, commission-based employees at a non-profit organization should be paid their normal rate of pay for sick leave, or the applicable minimum wage rate, whichever is greater. Calculating the 'normal rate of pay' for commission-based employees can be... View More

1 Answer | Asked in Business Law and Employment Law for New York on
Q: Are there laws requiring companies to list terminations correctly if outsourcing positions?

recently a hospital has taken its IT staff and changed them to another organization. One team had to train staff in another country and once this was done, they were terminated once the training was completed and then on their terminations, it listed the reason as downsizing instead of outsourcing.

James L. Arrasmith
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answered on Nov 11, 2023

In New York, there are no specific laws that mandate how a company must list the reasons for termination on employment records, particularly in the context of outsourcing. However, there are laws that require employers to provide truthful information about the reasons for termination. If an... View More

1 Answer | Asked in Employment Law and Immigration Law for New York on
Q: Hi, My query Regarding Employment.Am on an H4 dependent visa, shall I apply for EAD without an I-140?Thanks.James
James L. Arrasmith
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answered on Nov 8, 2023

Hello James, I am also James! Nice to meet you. I hope that you are having a great week.

Under the current immigration regulations, as an H-4 visa holder, you are eligible to apply for an Employment Authorization Document (EAD) if your H-1B spouse has an approved I-140 (Immigrant Petition...
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1 Answer | Asked in Employment Law for New York on
Q: am i legally allowed to do work when i am home using a sick day

I am being told that under FLSA, i am not allowed to do any work while using a sick day, even though i have done so for ten years. I understand that i cannot be compelled to but i always thought if i wanted to i could. Is this accurate? I work for NYC

James L. Arrasmith
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answered on Nov 4, 2023

Under the Fair Labor Standards Act (FLSA), there is no specific prohibition against working during a sick day; however, your employer's policies may dictate otherwise. If you're employed by New York City, you should refer to the NYC Paid Safe and Sick Leave Law, as well as any relevant... View More

1 Answer | Asked in Employment Law for New York on
Q: I just started a new non-exempt salary job in NY. Can they wait a month to pay me? And am I entitled to a fixed wage?

And by that I mean, can they deduct from my salary at an hourly rate? And how then, would that be different from an hourly position?

James L. Arrasmith
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answered on Nov 4, 2023

In New York, the law requires that employers must pay manual workers on a weekly basis and clerical and other workers at least semi-monthly. Non-exempt employees, regardless of being salaried, are entitled to overtime for hours worked over 40 in a workweek. If your employer classifies you as a... View More

1 Answer | Asked in Employment Law for New York on
Q: Wage garnishment laws apply by the state the employee works in or the state the company is incorporated in?
James L. Arrasmith
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answered on Nov 4, 2023

Wage garnishment laws are generally applied based on the state where the employee works. If you are working in New York, New York State’s garnishment laws would typically be the ones that apply to your situation. This is true even if the company for which you work is incorporated in a different... View More

1 Answer | Asked in Employment Law and Cannabis & Marijuana Law for New York on
Q: Can RNs be fired for testing positive for THC on a drug panel given to them by their employer in Nassau County, NY?

The drug panel is aimed at searching for possible diversion of narcotics from medication room while at work.

James L. Arrasmith
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answered on Nov 4, 2023

Registered Nurses (RNs) in Nassau County, NY, can be terminated for testing positive for THC on a drug panel if their employer has a clear drug-free workplace policy that prohibits the use of marijuana, even if marijuana use is legal in the state for recreational or medicinal purposes. Healthcare... View More

1 Answer | Asked in Employment Law for New York on
Q: Can my employer deny sick time and punish me for taking it?

My sister is a remote employee in NY and today she was given a final warning for a "no call no show". Her job automatically considers employees a no call no show if they are more than 15 minutes late without warning. She was just over the 15 minute mark by 2 minutes and explained she was... View More

James L. Arrasmith
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answered on Nov 4, 2023

In New York, employers are required by law to provide sick leave to employees. The specifics can vary depending on the size and location of the employer, but employees are typically entitled to use accrued sick leave for certain health-related absences without fear of retaliation. If your... View More

1 Answer | Asked in Contracts and Employment Law for New York on
Q: I was on maternity leave (ending May) and left my job in Aug. In October they said my maternity was overpaid/want refund

Nevermind will ask real lawyer

James L. Arrasmith
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answered on Nov 4, 2023

If your former employer claims there was an overpayment during your maternity leave, it's crucial to request a detailed explanation and calculation of the alleged overpayment. Review any related documentation and your contract terms regarding leave benefits. If there was indeed an overpayment,... View More

2 Answers | Asked in Employment Law, Appeals / Appellate Law, Legal Malpractice and Sexual Harassment for New York on
Q: If you have already agreed to a settlement agreement on a NYS DHR case, How do you appeal? What is the process?

I would like the case reopened. I was under duress. Attorneys and Judge failed to inform me that I had time to amend. Settled for lesser amount.

Attorney was on vacation during the entire time we had to prepare for the case, she'd informed me that it was very unfortunate.... View More

James L. Arrasmith
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answered on Nov 4, 2023

If you've agreed to a settlement in a New York State Division of Human Rights (NYS DHR) case and wish to appeal, you should be aware that typically, a settlement agreement is final and binding once signed.

However, if you believe you were under duress or there were other improprieties...
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