Get free answers to your Employment Law legal questions from lawyers in your area.
I recently got over a relatively bad case of covid and provided my employer with a doctors note. My doctor wrote it out on his prescription pad and gave it to me to submit. I was told today that “payroll” won’t accept a doctors note written on a prescription pad, meanwhile his prescription... View More
answered on Jan 18, 2022
If the note wasn't signed, that could be why the employer is questioning it. If that is not the case or your employer takes some adverse action due to you being out sick with Covid, you should talk with an employment lawyer.
At this point, I don't have a large clientele, so I would like to take on people as I get the jobs, like gigs. It seems like the best way to go would be to take them on as independent contractors instead of employees until I have more steady work for them. How would I go about this and what... View More
answered on Jan 17, 2022
They will be your part-time or as needed employees. You will need to insure them as such and withhold taxes for them and comply with all DOL laws.
If they were independent they would have their own cleaning businesses, would advertise, would have their own business websites or bank accounts... View More
I was due a 10k sign on bonus after a year of working with this company. They agreed to pay it but never did so I quit, they then used that as a excuse to not pay me. Now we’ve settled the lawsuit out of court & they want me to dismiss first then they would pay me. Shouldn’t I get paid... View More
answered on Jan 17, 2022
I don't ever file a dismissal of an employment law claim brought by my client before the settlement is paid. The settlement agreement should have language discussing a procedure for you agreeing to withdraw within a certain amount of time after getting paid. If you did not have a lawyer when... View More
I recently quit my job through an email and my employer responded saying that they’ll be following up with nys doh licensing department on the matter. I guess my question is, what does that mean? By the way I’m a licensed registered nurse
answered on Dec 27, 2021
I believe New York State's Department of Education licenses nurses. Check your licensure status, make sure you have complied with all continuing education requirements and reporting if there are any incidents which require your disclosure or reporting to the licensure Board.
Review any... View More
I have a medical history and had this same injury before at the same job. They are aware of my medical conditions and have been for 6 years. It never was a problem until it went under new ownership this last year.
answered on Dec 26, 2021
An employment attorney could advise most meaningfully on the element of your wages; as to the Personal Injury category you posted under, this may be something closer to workers' comp than personal injury. If your injury took place within the course of your employment, you may want to consider... View More
I signed a noncompete that says I can’t work for 2.5 years and 15mi from the office location in Nassau county. I want to work for another group.
answered on Dec 6, 2021
About 5 years ago I conferenced with a physician who had worked for an organization for approximately 25 years. The physician was very highly compensated. This physician appeared "burned-out" and simply wanted a change of pace. The unfortunate part was that the employer had invested... View More
My company promotes itself widely and publicly as "living its values," which include accountability, respect and trust and of course DEI. After not getting a bonus, I sought equal pay for the work -- touting those values. I was rebuffed and told it was "skill-building." When I... View More
answered on Nov 9, 2021
Are you referring to a collective bargaining agreement? Such agreements should protect all covered employees. And those agreements must be followed as drafted, reasonably interpreted and fairly applied to all covered employees. A breach of a duty of fair representation aka a DFR claim might be... View More
it's been 1 month that I'm in this new job. it's a warehouse and they have 3 zones there: ambient, chilled and frozen.
everybody needs to stay 2 hours in the frozen zone (they provide special clothes)
but I have cold allergy ( it's kind of rare urticaria, and... View More
answered on Nov 2, 2021
A suggestion might be to launch the interactive process.
What's that? You request a reasonable accommodation based on your "disability" which does not cause your employer an undue hardship. Remember that you must be able to perform the essential functions of your job with or... View More
I received a offer from United Health Group and the preemployment process has a standard drug screening which includes marijuana. I reside in NYS. Would my offer be rescinded if the drug test comes back with positive marijuana if the employer resides outsides of NYS?
answered on Oct 31, 2021
No more Cannabis testing in New York except in special circumstances. See this link:
https://www.ny1.com/nyc/all-boroughs/politics/2021/10/22/new-york-employers-are-banned-from-testing-most-workers-for-weed
Apply for the job honestly. Complete all questionnaires, etc... honestly.... View More
answered on Oct 26, 2021
Maybe. Depends on your employer. See this link:
https://www.ny.gov/programs/new-york-paid-sick-leave
If you work in any of New York City's Boroughs see this link:
https://www1.nyc.gov/site/dca/about/paid-sick-leave-law.page
Generally, smaller employers (fewer... View More
Statue of limitations ran out but knew evidence has surface and plaintiffs want to file action against former employer, to reopen retirement pension fund
answered on Oct 17, 2021
A retirement pension fund issue appears to fall under the Employee Retirement Income Security Act of 1974, also known as "ERISA". Some of us have successfully fought on behalf of employees facing reduced severance pay. Employers sometimes allege breaks in continuous services by employees.... View More
We were given a letter this week to submit for weekly Covid-19 testing starting next week in we are unvaccinated. A few of us bus drivers are refusing for various reasons and concerns. We were told they would put us on unpaid leave for refusing. I read that they cannot do this if it's not in... View More
answered on Oct 15, 2021
It's a public safety issue like wearing seat belts although you can't see the potentially deadly nature of the virus.
If you have a strongly held religious belief from a recognized religious group or organization speak with those authorities about an exemption. If your physician... View More
ASKED FOR EXT LEAVE OF ABSENCE AND THEY TOLD ME TO SPEAK TO MY DOCTOR & REQUEST ADA IS THIS ACCURATE
answered on Oct 8, 2021
You must be able to perform your job duties with or without a reasonable accommodation.
Extending your FMLA leave might be a reasonable accommodation depending on the circumstances. Have you kept your employer informed of a date certain for when you will return? An open-ended date rarely... View More
The EE received their rights and responsibilities under FMLA. However, this EE likes to "play chess" in a sense that they may potentially come after us even though they voluntarily resigned and we have followed the law and rules to a T. We informed them of what their leave is allowed... View More
answered on Sep 27, 2021
Have you requested the employee to sign a general release and waiver of their right to sue you? Of course you would offer them some adequate consideration in return, which may be almost anything of value. And remember, every employee now has at least 21 days by law to sleep on, consider your offer.... View More
My school district hasn’t enforced a provision on teacher advancement in terms of salary in over 25 years. A new HR director is making it a point to enforce it, and is denying salary differentials for teachers who have more than a Masters degree coming in. Furthermore HR has decided teachers... View More
answered on Sep 27, 2021
You should talk with an employment lawyer. It sounds like discrimination to me. If the only people it has been enforced on are two black woman that is insane.
A couple years back I worked for wal-mart. I took a week long vacation with one of my friends/coworkers to another state. We both put in for the week off and we both got it approved. When we got back I noticed my manager changed my schedule so I would be a no call no show. I worked for the company... View More
answered on Sep 29, 2021
While this situation sounds very unfair, it is not unlawful for your employer to change your schedule at any time for any reason, even if this results in your termination. However, I imagine you would have been entitled to unemployment benefits if you could demonstrate that you had already been... View More
Even though it's a department of education school and the department of Ed is accommodating teachers, my job is not taking my request seriously nor are they willing to make any accommodation for my religious practice. I was told I would be placed on unpaid leave with no regard to my request... View More
answered on Sep 22, 2021
Your question does not indicate what your religious accommodation request is. Whether your employer's decision to place you on an unpaid leave is unlawful depends on your accommodation request, whether your request eliminates one of the essential functions of your job, and/or causes your... View More
I provided every proof that i wasnt paid for certain jobs , dozens of emails and promises , lately i have been harassed with iron strong evidence that is directly correlated to the fact i asked for my money , is it wise to persue a lawsuit or big employers always win in such cases and it takes... View More
answered on Sep 20, 2021
You're asking excellent questions, but they can't be answered without knowing the specifics of your case. You should contact an employment attorney.
I'm a Healthcare provider in NYS and do not want to be vaccinated. I am being asked to resign. What are the risks/benefits for resignation verses being laid off or terminated? I understand I will not get unemployment
answered on Sep 14, 2021
The main benefit of resignation is that you will not have a termination on your record. For example, when applying for new jobs, many job applications will inquire as to whether you've ever been terminated from a previous job. By resigning in lieu of being terminated, you will avoid any... View More
They said Governor Cuomo made a law that applies to NYC residents and not the rest of NY that is why we did not get paid out our safe and sick time
answered on Sep 9, 2021
Governor Cuomo had the authority to sign laws which the state legislature made for the entire State of New York, including New York City. But he had no authority to give favorable treatment to employees who work in NYC and not give the same benefits to the rest of the state unless it was some... View More
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