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New York Employment Discrimination Questions & Answers
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...
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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.

1 Answer | Asked in Employment Discrimination, Employment Law and Immigration Law for New York on
Q: Should I can cancel my unemployment weekly benefits , because it can affect getting a new 0-1 visa or a green card ?

how do I cancel my unemployment weekly benefits? Do I need to call ? Or stopping claim?

Sorry for some many questions!

Thank you

Robert Roy Klein
Robert Roy Klein answered on May 3, 2020

Unemployment is not considered under the public charge rule and has no effect on a green card.

2 Answers | Asked in Employment Discrimination, Employment Law and Immigration Law for New York on
Q: I’m here with 0-1 visa ! I applied for an unemployment weekly benefits!! And I got my first payment!

Getting the payment and apply for an unemployment can affect me getting a new working visa in the future??

Thank you

Leonard R. Boyer
Leonard R. Boyer answered on Apr 30, 2020

Yes, that could negatively affect your obtaining a work visa.

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2 Answers | Asked in Employment Law, Family Law and Employment Discrimination for New York on
Q: NY - Paid Family Leave (PFL) retaliation/discrimination to bond with my child.

I live & work in NY state. I applied for Paid Family Leave (PFL) to bond with my 4 months old. I notified to my employer on 04/20/2020 via email mentioning my leave start date (04/27) - end date (07/06) for 10 weeks. My employer did not responded to my PFL request for over one week but suddenly... Read more »

Derek John Soltis
Derek John Soltis answered on Apr 25, 2020

What you posted is really screwed up, but in the light of the Corona virus people are being fired left and right just because there is no work. I wish I could give you a road map to follow. But, no attorney can tell you what to do without a consultation. If you want specific advice talk to an... Read more »

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1 Answer | Asked in Employment Discrimination for New York on
Q: Could a settlement affect ones unemployment benifits?
V. Jonas Urba
V. Jonas Urba answered on Apr 18, 2020

In new York you might have to wait until the settlement proceeds are exhausted over time unless your settlement agreement is drafted in a manner to permit benefit payments immediately. No money for 30 days is generally what is required but paying an employment lawyer a few hundred bucks to get the... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: I work for a recycling company that is laying us off in June and currently providing us with no protections

I work for a recycle company that is currently still in operation but laying us off in June and are taking no precautions and no supplying use with masks or no sanitation items or disinfectant can I quit for good cause now and be eligible for unemployment I have many health issues along with my... Read more »

Carrie Dyer
Carrie Dyer answered on Apr 15, 2020

If you work for a company that is considered an essential business, there is no obligation on the part of your employer to cease operations, even if you feel that you are putting your health at risk. If you quit before you are laid off, you may not be eligible for unemployment benefits. Whether... Read more »

1 Answer | Asked in Employment Discrimination for New York on
Q: Do y’all help people that having problem filing unemployment?

I have tried filling out unemployment back feb 2,,2020 because that is the day I got fired from Walmart and I have worked there since of April 2, 2019

V. Jonas Urba
V. Jonas Urba answered on Apr 12, 2020

Keep trying. Tens of thousands are applying.

Office staff told me they tried every day for a week and finally got through on a Friday morning at 7:30 AM exactly when the lines opened for the day. You will know all the answers to all questions by then and should be able to beat the thousands...
Read more »

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