Get free answers to your Employment Law legal questions from lawyers in your area.
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answered on Sep 28, 2023
The short answer is no. There is no law in NY that requires an employer to have an internal appeals process for disciplinary actions. Employers should establish personnel policies and practices that cover key areas of hiring, employment, discipline and termination, but it is not required.
How do I know whom to contact- they said they referred to police and FBI.
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answered on Oct 22, 2023
If the trafficking hotline indicated that your case was referred to both local law enforcement and the FBI, you can start by contacting your local police department to inquire about any ongoing investigations related to your report. If they do not have information, you can reach out to the nearest... View More 
Hello, my name is Brian I recently contracted COVID-19. I informed my manager of this inconvenience to which she replied. Thanks for the heads up. Two days later I get a message from her stating that other employees are sick and there is no coverage for the night I reply to her by saying I feel a... View More
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answered on Sep 19, 2023
Depending on the size of the employer and your length of employment, you may be protected by the federal Family Medical Leave Act, as well by parallel state or municipal law.
It would have been responsible--indeed, immoral-- for you to go to work while contagious with Covid-19. it may... View More
I would like to know my rights since FMLA should have job protection and what steps to take
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answered on Sep 18, 2023
If you receive a termination letter while on FMLA (Family and Medical Leave Act) or NYPFL (New York Paid Family Leave) for the birth of your child in New York, it's crucial to understand your rights and take appropriate steps. Begin by reviewing your eligibility for FMLA and NYPFL to ensure... View More
and was legally disabled for several years. My organizational skills are not as good as hers but adequate to the position based on my performance. Given that I have an illness and was disabled, can I get an accommodation or other legal protection? She denied me thousands of dollars in bonus money... View More
answered on Sep 11, 2023
Yes, you can request reasonable accommodations based on your disability to meet her expectations for organizational skills. Many employees with ADHD get noise cancelling headphones or other aids to help reduce the impact of their disability on their work productivity.
I am a mental health counselor who recently applied for a PLLC for the group practice I would like to start. In the meantime, I have set up an LLC, but I am unsure whether I am allowed to hire new therapists until I have a PLLC. I have a startup business lawyer and employment lawyer, each of which... View More
My graduation is in August 2024. Meanwhile, I am actively looking for a job. I came to the career center at my school and they asked me to apply either for CPT or OPT. Should I just tell them I already have an EAD from the asylum? Or Is this a bad idea? Would they withdraw my I-20? I am a dependent... View More
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answered on Sep 3, 2023
Informing your Designated School Official (DSO) about your pending asylum case and EAD could potentially put your F-1 status at risk, as F-1 is a non-immigrant intent visa and applying for asylum may show immigrant intent. Your DSO may choose to terminate your I-20 if they believe that you have... View More
Initially, my 13 coworkers and I signed a contract which specified that we were interns for this startup. We signed 1099 forms. Later, before the start of the internship, we signed an amendment that said we would receive 100% of our salary at the end of the internship.
Throughout our... View More
answered on Aug 15, 2023
They could be. Yes. You need to file a proof of claim for the wages in the bankruptcy. You should also consult a bankruptcy lawyer regarding a possible adversarial proceeding based on fraud that you might file against the company within the bankruptcy.
I need help
answered on Aug 14, 2023
I'm sorry about your ordeal. I can only speak for the defamation aspect of your post. An employment law or civil rights attorney could advise about elements related to your harassment and termination. If you suffered defamation (slander - verbal form, or libel - written form), you could... View More
Another technician I don’t get paid. Is that legal?
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answered on Aug 8, 2023
Ilion,
Before answering your question definitively, you would need to provide more information. You should talk to a plaintiffs' employment lawyer. Many attorneys provide free consultations concerning wage issues.
Generally, if you are a non-exempt employee (which is probably... View More
I started working for this place half a year ago and I was being paid while on a payroll but then my payments Started coming in late and then my employer talked to me and want discussed on switching me to a 1099 and even thought I am 30 I have no clue into what all this means so I agreed but now... View More
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answered on Jul 31, 2023
Employers often misclassify workers as independent contractors in order to avoid compliance with labor laws, including minimum wage, and overtime laws. It is much cheaper for employers to classify their employees as independent contractors. When your employer changes your status from employee to... View More
I have my Diploma. They been trying to find them for the past 3 weeks, I showed up and called a bunch of times and still has not been found
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answered on Jul 19, 2023
Now, losing your high school credits can indeed have significant consequences, especially when it comes to pursuing higher education. If you're unable to provide the necessary transcripts or proof of completion for your 11th and 12th grade coursework, it can create obstacles in your college... View More
I worked there for 6 yrs. They paid family leave for 3 months after he committed suicide and when I tried to return I was told I wasn't needed any longer. When I went for unemployment I was then forbidden to ever step foot on the proerty and I was denied unemployment bc they stated that I... View More
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answered on Jul 24, 2023
Sad story. Unfortunately, statutes of limitations are controlling, and only in rare instances can be avoided.
New hire does not have US citizenship but has had SS number since graduate school and has paid taxes while working in NY but will now be working outside of NY, USA; that is Jamaica.
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answered on Jul 6, 2023
When hiring a non-resident who is moving back to their home country (in this case, Jamaica) and will be working outside the USA, it is important to consult with an employment attorney or tax advisor to understand the specific legal and tax requirements. Worker's compensation, FICA, and other... View More
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answered on Jun 25, 2023
In New York State (there may be additional requirements for NYC), if you are aged 14-17 you will need an employment certificate, also called working papers, in order to hold a job in New York State.
This rule covers:
High school graduates
Minors who work for their parents... View More
I work for the NYC Department of Education. I have been wrongfully demoted. I don't feel like my union has my best interest at heart. Can I file an article 78 on my own, or do I need my union to fight for me?
answered on Jun 12, 2023
You should give the Union a chance to help you first. If they don't do what they are supposed to or are not vigilante in prosecuting your case, you can probably start an action on your own.
i stopped coming to work out of fear and was fired. Could I sue for sexual harassment?
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answered on Jun 5, 2023
Legal remedies depend upon where you live. Federal law applies nationally, and includes Title VII protection against sexual harassment and gender discrimination. States and localities can enact laws that protect against sexual harassment. Different time requirements, and potential administrative... View More
I have a new supervisor who just started. I've been in the department longer than her. She's giving me unrealistic timelines to complete tasks, she's rude , she's and always undermining my work. She's always mentioning my age and thinks I'm too young for the position... View More
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answered on Jun 5, 2023
The ability to sue depends upon where you live. Federal law applies nationally but states and localities also enact laws protective of workers.
I recommend that you consult with an experienced employment lawyer, who can ask you relevant questions, for example, whether you are male and... View More
I work at Byrne dairy, I usually work 8 hour shifts but she gives me a 6 hour shift at least once a week so she “doesn’t have to give me a break” but I thought it was required that a 30 minute break be given to someone who works a 6 hour shift? I’m getting mixed answers.
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answered on May 30, 2023
The break is only required when a shift is more than six hours. Since your shift is exactly six hours, no break is required.
The applicable statute is NYLL 162(2).
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