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New York Employment Discrimination Questions & Answers
1 Answer | Asked in Employment Discrimination for New York on
Q: Do I have a right to file suit against my employer if he continually lies to me about overtime?

He told me that he had to watch the budget, then gave 1 person 82 hours and another 84.

V. Jonas Urba
V. Jonas Urba answered on Jan 19, 2021

Is your employer motivated by an improper purpose to give others overtime which you are denied? For example, race, religion, color, gender, etc... are factors used by your employer when he decides who gets overtime? He cannot deny you overtime because you are a woman (just guessing) but he could... Read more »

1 Answer | Asked in Employment Discrimination for New York on
Q: What is the law that applies to sue for Libel and Slander in a Federal Court in New York?
Tim Akpinar
Tim Akpinar answered on Dec 23, 2020

There is a section here on this site for that area of law. You are talking about defamation laws. Below the main categories, you'll see linked text, "Show More Categories." You'll see "Libel & Slander" near the top of the third column of categories. There's no... Read more »

1 Answer | Asked in Civil Rights, Employment Discrimination and Gov & Administrative Law for New York on
Q: Maximum lawyer fees for federal (government agency) discrimination ( title V) cases?

Is there a maximum amount or percentage a lawyer can charge for title V cases against a government agency settled at the EEOC level? I was told by a friend who practices family law out of State that the fees they can charge are capped similar to what disability lawyers can charge. Another piece of... Read more »

V. Jonas Urba
V. Jonas Urba answered on Dec 16, 2020

Apparently, you may be situated in a state outside of New York. I limit my active practice to New York State. Each state enacts laws regarding ethical behavior and conduct of lawyers. Many adopt the model rules but there are exceptions.

In New York State lawyers fees are determined by the...
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1 Answer | Asked in Employment Discrimination for New York on
Q: I was terminated from my job dued to my mental illness what should I do
Derek John Soltis
Derek John Soltis answered on Nov 10, 2020

I am sorry to hear about termination. You may want to contact an employment lawyer to go over your options.

You may qualify for unemployment. If you have a mental illness, there are other programs that can help.

1 Answer | Asked in Cannabis & Marijuana Law and Employment Discrimination for New York on
Q: offered a job at a big box retailer. They were aware of medical marjuana use. Now offer taken back from employer.

Medical marihuana use was divulged during interview, they still offered a position. Now they say - will not hire you unless a drug test can be passed.

V. Jonas Urba
V. Jonas Urba answered on Oct 30, 2020

Medical marijuana and recreational marijuana are different. I can not vouch for the legitimacy or accuracy of the below link but it sounds basically correct:

https://www.cannamd.com/whats-the-difference-between-medical-recreational-marijuana/

If you do not undergo the testing then...
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1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: Hi, I have a no compete w/ a severance clause included. How hard/costly would be to get this voided so I can work ?

The parent company recently bought a similar company to the one I work for now and they are taking over all areas and top mgmt is being filled with their people. Many people are being fired. No communication is being shared as to how the team is being selected. It is supposed to be a merger but a... Read more »

V. Jonas Urba
V. Jonas Urba answered on Oct 30, 2020

Your question deals with employee choice doctrine. If you accept money then you are bound by the non-compete terms no matter how severe or possibly illegal.

If you choose not to accept the severance pay and are being fired through no fault of your own then the non-compete itself might be...
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1 Answer | Asked in Contracts, Employment Discrimination and Employment Law for New York on
Q: Do I have legal standing to sue my SUNY school if I contract coronavirus while working as an RA?

https://www.allotsego.com/suny-oneonta-ras-threaten-strike/

I have not received test results and I have been working in biohazardous conditions that were not outlined in my contract. I also cannot return home yet since my father is battling a 9/11 related cancer and is extremely... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 12, 2020

An employment attorney should advise on your matter, but you await a response for a week. In addition to reaching out to an employment law attorney, you could also consider consulting with a workers' comp attorney to learn about whether the nature of your job duties might possibly be relevant... Read more »

2 Answers | Asked in Employment Discrimination, Employment Law and Banking for New York on
Q: Can an employer threaten to fire you for using a phone during work hours?

My supervisor said he was sent an email stating my employer wanted to fire me for using a phone during work hours, which I have done previously for over a year. I and another employee, both women of color, were told we were acting suspicious and how they were afraid we were planning a robbery at... Read more »

V. Jonas Urba
V. Jonas Urba answered on Aug 22, 2020

Maybe? Are you working in a hostile workplace? What evidence is there that black and/or Hispanic or other minority employees are being targeted? Have similar threats been made against other employees who may not be protected? Have you suffered an adverse employment action?

One threat may...
Read more »

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1 Answer | Asked in Employment Law and Employment Discrimination for New York on
Q: Can you be denied employment due to positive TB test?

Previously had been diagnosed and treated for LTBI (Latent TB infection) and informed HR/Manager of my previous history as a negative TB test is required for employment. Due to LTBI I will never have a negative test. Now the employer is revoking the job offer.

V. Jonas Urba
V. Jonas Urba answered on Aug 21, 2020

Call 518-474-7000 the New York State Deprtment of Health. It oversees TB testing and treatment regimens. If you work in one of the many industries where it is necessary to prove that you are not infectious you may have to show a particular treatment regimen. Once you comply with whatever New York... Read more »

1 Answer | Asked in Employment Discrimination for New York on
Q: Can an employer turn me down for a position after I complained about the program's wrongdoings?

I put a complaint in with the Human Resource department about the wrongs that were going on in my program and the injustice that was going on. I applied to several positions withing my company to which I've gotten denied to all. I applied for a directors position and the position was given to... Read more »

V. Jonas Urba
V. Jonas Urba answered on Aug 19, 2020

It may be challenging for any lawyer to provide you with sufficient suggestions based on the facts you mentioned.

If you work within a government or quasi government organization different considerations come into play.

You mention wrongs and injustice. We have to examine whether...
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1 Answer | Asked in Employment Law and Employment Discrimination for New York on
Q: Laid off due to COVID & now the company is rehiring.

Hello! I was furloughed from my employer in March. There was no communication during this process or news from my director. Eventually they have brought almost all employees back & I was told they don’t have much info on when I will be allowed back. A week later I was sent an automated email... Read more »

V. Jonas Urba
V. Jonas Urba answered on Aug 4, 2020

Many feel your frustration. Not to make excuses but employers are dealing with a new set of circumstances every day. Some are closing for good.

I assume that you received unemployment benefits. Those require you to look for work. Also every employment discrimination complaint requires...
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1 Answer | Asked in Employment Discrimination for New York on
Q: I’m PerDiem employee. I emailed my boss saying I can no longer work Sundays. I’m Christian. She said no. She can do this

Can I say for religious reasons ? Church is very important to me. It wasn’t a problem before. I didn’t work Sundays in the beginning - I only worked Sundays now because of Covid. Church was closed. But now it’s going to open.

John Robert Skrabanek
John Robert Skrabanek answered on Jul 27, 2020

Your employer is within its rights to not exempt you from having to work on Sundays so long as the employer does not provide preferential treatment to other co-workers of different faiths. If, for example, the employer gives other non-Christian employees one day off each week for their own... Read more »

2 Answers | Asked in Employment Discrimination and Employment Law for New York on
Q: can an employer hold my check if i broke something on accident in the store and not tell me until 2 weeks later?

I work at dominoes as a delivery driver. So i guess i might've broke the glass door by exiting by using my foot to push the door open causing it to crack. Anyways whether I actually broke it or not I don't know, say i did break the door, no one actually saw me do it. My boss just says... Read more »

Derek John Soltis
Derek John Soltis answered on Jul 20, 2020

New York doesn't allow an employer to deduct pay for losses related to breakage or even cash shortages. Withholding your paycheck is a big no-no.

Look up this document:

https://labor.ny.gov/formsdocs/wp/cr195.pdf

Section 195-2.1

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2 Answers | Asked in Employment Law and Employment Discrimination for New York on
Q: Trying to understand the pros/cons to filing employment complaints at the City or State level (new york).

I live and work in NYC. Have numerous documented wage/hour issues, first year I was incorrectly paid as an independent contractor due to tax issues (employer put that in writing, lol) , and numerous discrimination type issues. Its'a very small employer, so I don' think it would be... Read more »

V. Jonas Urba
V. Jonas Urba answered on Jul 19, 2020

Wage and hour issues are separate from discrimination claims. The state DOL oversees pay practices of employers statewide. You may have to file a small claims court complaint to collect unpaid wages if the employer has the means or incentive to pay. If they refuse to pay after you secure a court... Read more »

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1 Answer | Asked in Employment Discrimination, Employment Law and Legal Malpractice for New York on
Q: Can a lawyer represent employer in two separate cases from same individual while one is under investigation is it legal

It's a open case for division of human rights/eeoc charge and a seperate unemployment hearing where same lawyer during ui hearing asked about reasonable accommodation and other questions pertaining to opposite case

Jacob David Verchereau
Jacob David Verchereau answered on Jul 15, 2020

The question you are asking is whether it is a conflict of interest for the Employer's attorney to represent the Employer in two separate proceedings, both of which involve the same Employee. This is relatively common in my experience. Without more, it would seem to me that this would not be a... Read more »

2 Answers | Asked in Employment Law and Employment Discrimination for New York on
Q: I was terminated on the day that I was supposed to start due to me refusing to go to work with COVID like symptoms.

I told them I would get tested tomorrow and they called me today and told me not to bother coming back. I believe this is extremely negligent because If I went to work and turned out to have COVID I could infect numerous amounts of people. So how can I get punished for protecting me and others. I... Read more »

V. Jonas Urba
V. Jonas Urba answered on Jul 8, 2020

Did you recently travel outside New York? Was it to a state which is out of control with COVID? You might have a claim if you did not potentially increase risks of contracting it.

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1 Answer | Asked in Employment Law, Employment Discrimination and Health Care Law for New York on
Q: Our supervisor told us when and when we cannot use the bathroom. Is this illegal?
Gary Lane
Gary Lane answered on Jul 2, 2020

Yes, that is quite illegal and should be reported.

2 Answers | Asked in Employment Discrimination, Employment Law and Immigration Law for New York on
Q: can DACA file for unemployment in NY if furloughed? Will this affect the chances of applying for a green card?
Ify Princess Ikeakanam
Ify Princess Ikeakanam answered on Jun 17, 2020

Hi, Unemployment benefits are not Public benefits if you are worried about passing the Public Charge test in the future.

**This is not legal advise. I will be happy to discuss with you in detail about your concerns.

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1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: Can I sue my employer for violating my employee rights and retaliation for my compliant?

I work with an NYC agency. I had applied for a senior position a while back and the rules/ regulations mandated my employer to prefer internal candidates. However, senior staff decided to hire an external candidate, without even considering my case (protected class?). This seriously impacted my... Read more »

Carrie Dyer
Carrie Dyer answered on Jun 3, 2020

A violation of your employer's workplace rules/policies regarding internal vs. external hiring - ALONE - does not violate the law. However, if your employer is choosing not to hire you because of your membership in a protected class (i.e., your age, race, ethnicity, gender, etc.), that... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: Is it legal for an employer to dock my pay for not meeting quota? I am a salaried social worker.
V. Jonas Urba
V. Jonas Urba answered on May 7, 2020

When a salaried employee's pay is cut without advance notice the employer violates New York's Wage Theft Prevention Act and the employer converts the salaried employee to one paid on an hourly basis who qualifies for overtime pay plus. Call an employment lawyer ASAP for additional information.

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