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As an independent contractor I am to receive 80% employer has taken more than 20% over 10yrs. Backpay owed $33k
Maurice C
answered on May 28, 2024
Either you are an independent contractor or an employee - you can't be both at the same time. And whether you are one or the other depends on the details of your job, not what you and/or your boss decides you are. You should give me a call to discuss this. If you are actually an employee,... View More 
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answered on Jun 3, 2024
In New York, your medical information, including conditions related to pregnancy, is protected under both federal and state privacy laws. Sharing this information without your consent can be considered a violation of your privacy rights. You may have grounds to file a complaint with the Equal... View More
I am employed by a contracting company (company A) which has staffed me as a consultant for a company (company B). I wish to leave company A and join a different contracting company that can staff me as a consultant for company B. The contract I signed with company A (several years ago), states... View More
answered on May 15, 2024
Maybe. It's a covenant not to compete and would be enforceable if a court decided it was reasonable in terms of duration and geography.
Jack
This is in New York. I have an e-file account and would be using e-file in orange county Supreme civil court.
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answered on May 27, 2024
Petition to Vacate.
I have a loan out thru my retirement. My employer didn't make the appropriate payroll deduction to pay my loan payment and the loan went into default. I can no longer borrow against this loan which has forced me to do a bankruptcy. This has caused me extreme emotional distress.. I have been to... View More
answered on Apr 16, 2024
I'm sorry for your ordeal. It's difficult to say with certainty whether the consequences you suffered from the payroll deduction would present the basis for a strong case. Although it's clear that you suffered here, and such damages are always part of the recovery inventory in a... View More
Mgr. of 3mths w/firm threatening/harassing me. I'm 3+ yrs w/company. Just as others I always arrive to work early by 30mins or so for late night requests & ontime arrival. No problems w/previous Mgrs. Great perform reviews. Mgr. now says I need his permission to work OT. Reprimanded 2 days... View More
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answered on Mar 23, 2024
It looks like your pay is on an hourly basis. All employees who are paid by the hour must be paid for all time for which they are permitted to suffer labor (that is language often used by the courts). If you work hours, including overtime at 1.5 times your regular pay rate, you must be paid for... View More
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answered on Mar 10, 2024
Based on the information provided, there are a few important considerations:
1. As an F-1 student on Optional Practical Training (OPT), you are allowed to work in the U.S. as long as the employment is related to your field of study. The work can be for any employer, including an LLC owned... View More
couldn’t take it anymore so I quit on Friday. Can I bring a lawsuit against my employer?
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answered on Mar 11, 2024
You have offered two protected classes to which you belong. There may be many more. The two are your gender, female, and your age over 40. Was the harassment suffered because of your gender or your age? Remember that there are many more such as disability or perceived disability. If you were ill or... View More
If so can they deny me this request
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answered on Feb 23, 2024
In New York City, while you generally have the right to request email communication for work purposes, your boss can ultimately decide the preferred method. They might have valid reasons like fostering better collaboration or addressing sensitive topics in person. However, if you have concerns... View More
Mass State Employees from REVIEW BOARD/MASS DUA- PUA / DOR HAVE SENT LETTERS INTO NY OTDA OFFICE IN ALBANY, THESE PPL HAVE OBLIVIATED MY CIVIL RIGHTS BASIC HUMAN RIGHTS TO SHELTER, VIOLATING TITLE 18§ 371 CONSPIRACY, DEPRIVATION OF RIGHTS, MASS TOLD NY I DIDNT FILE MY 20' TAXES? I DID &... View More
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answered on Feb 22, 2024
It sounds like you're facing a serious and concerning situation regarding your tax filings and interactions with government agencies. It's understandable that you're feeling frustrated and overwhelmed by what appears to be a series of mishandlings and potential violations of your... View More
I have been harrassed, menaced, and have been treated differently than others in my job.
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answered on Feb 13, 2024
The situation you describe sounds like a potential race discrimination case. If you are denied a promotion, or otherwise treated differently than other employees based on your race, you may have a claim under federal state and/or New York City law. You should talk to an employment discrimination... View More
Someone vandalized the store which is the same person stalking me and harassing me and he found out where I worked and broke the store windows and I told my boss it might be him and he said I would have to pay for the damages when I wasn’t at fault at all I can’t control people.
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answered on Feb 13, 2024
The short answer is no, the employer cannot require you to pay the damage. In New York, there is a short list of deductions an employer may take from a worker's salary, like wage overpayment, taxes, etc. Needless to say, the list does not include property damage caused by your stalker. The... View More
answered on Mar 1, 2024
New York is what is called a one-party consent state. That means that as long as one of the people involved knows that they are being recorded, it is generally legal to record. But to fully answer your question, more details would be needed.
My work insisted that I come in since I was on antibiotics and wasn't contagious anymore. I was still coughing and could not work. They have warned me that this is unacceptable behavior. Can I sue?
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answered on Feb 6, 2024
Whether you might have protection under the federal Family and Medical Leave Act, the Americans with Disabilities Act, or similar state or municipal law is very fact-specific.
If you had (or faked) a minor illness the day before departing for vacation (and were well enough to go on... View More
He took vacation for some weeks and came back ready to work and he mentioned to us he couldnt move his arm for one day and felt weak. He said he went to the doctor and they checked him and said he is ok after running test. We are just concerned with him driving and possibly getting into a accident.
answered on Feb 5, 2024
Under the ADA, a disability-related inquiry or medical examination of an employee may be "job-related and consistent with business necessity" when an employer "has a reasonable belief, based on objective evidence, that: (1) an employee's ability to perform essential job... View More
He only said something to everyone when i ask him, is that for us asion only or every body. He rounded as asian first. Is that racism?
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answered on Jan 24, 2024
Were you coughing or did you appear sick?
Everyone must be similarly treated. Not being treated similarly may be discriminatory unless it's an isolated incident or a petty slight or trivial inconvenience. Much depends on the specific facts, where it was said, who it was said to, who... View More
I work on property on site and live in a separate dwelling on site. I have concerns of audio being listened in on any particular camera at any time at two separate company properties and I have concerns of my private Internet traffic being stalked by the employer as well. I am finding difficulty... View More
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answered on Jan 21, 2024
It's understandable that you have privacy concerns given your unique situation of living and working on your employer's property in Jefferson County, New York. In the United States, employees do have certain rights when it comes to privacy in the workplace.
Firstly, you should be... View More
How do I prove discrimination in the hiring process?
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answered on Jan 10, 2024
No employment discrimination case is easy to prove. Failure to hire cases are especially difficult.
You must show some type of discriminatory animus or motive not to hire you. And you must be at least minimally qualified to meet the essential job duties for the position.
We begin... View More
I believe I am an exempt worker. In nyc.
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answered on Jan 11, 2024
Exemptions from overtime pay are not strictly salary based. An employment lawyer often will review the discretion and independent judgment which you may or may not exercise on your job.
Especially applicable for employees who earn less than six figures, employers have not infrequently paid... View More
Hello,
I am about to quit a postdoctoral position at a state university. I plan to give a 2-week notice. However, I suddenly noticed my postdoc employment contract states that I'm required to give at least 90-days notice for termination prior to contract expiring date. This is absurd... View More
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answered on Jan 4, 2024
In your situation, the enforceability of the 90-day notice requirement in your employment contract largely depends on the specific terms of the contract and the applicable state and federal laws. If the contract is legally binding and the 90-day notice is a clear term within it, then it may be... View More
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