Get free answers to your Employment Law legal questions from lawyers in your area.
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
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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answered on Jan 4, 2024
Whether you can work as a bartender serving alcohol in Oneida County, NY, while employed as a Peace Officer in Herkimer County, depends on the specific rules and regulations governing Peace Officers' secondary employment and any potential conflicts of interest. It is advisable to consult your... View More
Company A disclosed my salary to Company B prior to any legal agreement of business sale.
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answered on Jan 4, 2024
Yes. The amount of your salary is not confidential. This information is commonly disclosed in connection with the sale of a business. When a business is up for sale, the buyer will want to know the financial condition of the business it is buying, including revenues and expenses. Due diligence is... View More
I live in Buffalo, NY. I work for a staffing agency(based out of Ohio) and have to miss some days due to meeting with my portion officer. Can they legally terminate the contract with my staffing agency due to me missing those days I had to meet with my P.O. and some other late days?
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answered on Jan 3, 2024
It depends on the terms and conditions outlined in your employment contract and relevant employment laws. Generally, employers have the right to terminate employment contracts for reasons such as excessive absenteeism, but it's essential to review the specific terms of your contract and any... View More
i let my supervisor know a week in advance that i would have to leave work due to a personal reason and she okayed it. fast forward a week i i got the phone call at work for the reason of me leaving and i told my boss that i had to leave and she okayed it again. So i clocked out and started my 30... View More
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answered on Jan 2, 2024
A personal reason may or may not be protected. For example, if the personal reason was to take your child to a doctor's appointment that is almost always protected. This is just one example.
If the personal reason was unprotected then your employer's policies and procedures might... View More
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answered on Jan 1, 2024
In New York, eligibility for unemployment benefits is typically based on the wages earned during a specific period known as the "base period." If you've been freelancing for the past three years and were laid off from your full-time job, your eligibility for unemployment benefits... View More
My domicile is GA and I work remote from there ~51% of the time for an employer in NJ. For 2024, I plan to spend ~49% at my NY house. While there, I plan to work from my NY home about 25% and in my NJ office 25%. I'm fine allocating days between the 2 or 3 states and will keep copious records,... View More
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answered on Dec 31, 2023
Your situation, involving tax liabilities across multiple states, does indeed present a potential risk for double taxation, especially considering New Jersey's "convenience of the employer" rule and New York's similar stance. These rules can impact how your income is taxed when... View More
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.
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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
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
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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
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?
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
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.
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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
y to be a public teacher will I not get hired?
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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
Is there anything I can't do. It's 5 years ago that I got that misdemeanor.
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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... View More
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
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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
I'm from Florida.
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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
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
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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
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