Get free answers to your Employment Law legal questions from lawyers in your area.
I was taken out of work by my neurologist on March 19th due to illness, and a request was submitted for disability paperwork. My doctors provided the information, which my employer insisted on submitting on my behalf. They submitted it on March 28th, after calling me and terminating my employment,... View More 
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answered on Apr 18, 2025
It depends on more detailed facts. You state "in your state" which implies that you may have performed work in a state outside New York. We are licensed in New York and each state has unique labor laws which are at least to federal standards and most go beyond federal law coverage. There... View More
I filed an amended complaint in an employment discrimination civil case. The respondent requested an extension until March 3, 2025, to answer, but the judge never granted the order according to the docket. As of March 26, 2025, I haven't received a response. The court is the US District Court... View More
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answered on Mar 27, 2025
Have you been able to contact the opposing party? I know the litigation is adversarial, but a courtesy call to see what's going on may save you a lot of time and unnecessary stress. You can always file for a default (if the procedural facts so dictate), the question is whether the default... View More
I filed an amended complaint in an employment discrimination civil case. The respondent requested an extension until March 3, 2025, to answer, but the judge never granted the order according to the docket. As of March 26, 2025, I haven't received a response. The court is the US District Court... View More
answered on Mar 27, 2025
You need to first check the Judge's Rules. Then, if there is nothing governing this issue, submit a simple motion to enter a judgment upon default, stating the facts you recite in your question, and submit a proposed default Order and Judgment.
I am a charge RN facing potential disciplinary action, possibly including firing or impacting my license, due to a recent incident of failure to rescue, where a patient went into cardiac arrest. The situation was exacerbated by chronic short staffing, lack of senior staff, and equipment... View More
answered on Mar 12, 2025
I'm sorry you are in this predicament. You post under "Employment" and "Health Care," and it would be best for the experienced employment law attorneys here to advise you. But your post remains open for a week, and time could be of the essence in proactively bracing for... View More
I was assaulted in my dorm on my college campus in New York about six months ago. I wasn't ready to report it immediately, but I did write about the incident in my diary and told a few people, including a counselor who facilitated a room change. I've attended counseling sessions since... View More
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answered on Mar 12, 2025
I’m sorry to hear about the assault you experienced. In New York, you still have legal options to pursue a case, even though six months have passed since the incident. However, the legal process can be complex, and there are a few things you should consider moving forward.
First, it’s... View More
I was assaulted in my dorm on my college campus in New York about six months ago. I wasn't ready to report it immediately, but I did write about the incident in my diary and told a few people, including a counselor who facilitated a room change. I've attended counseling sessions since... View More
answered on Mar 12, 2025
So sorry to hear what happened to you. As it relates to pursuing a civil lawsuit against the individual who assaulted you, the statute of limitations in New York is one (1) year from the date of the incident. If you can demonstrate that the school had notice of the assailant's vicious... View More
My son has been working as a receptionist for a nursing home for about eight months and is classified as a 1099 independent contractor. He punches in and out using a time clock, is given a work schedule, and is told when to take breaks. His employment is per diem, and he does not receive any health... View More
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answered on Mar 7, 2025
Misclassification of employees as independent contractors is a serious problem because it deprives workers of important employment rights and benefits like minimum wage, overtime pay, unemployment insurance, workers' compensation, and retirement plans.
An independent contractor... View More
I worked at Company A, which was acquired by Company B. Post-acquisition, Company B terminated my employment. My separation agreement with Company B states I cannot make damaging or false remarks about the company or related parties, though I can respond to legal inquiries. Company A's former... View More
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answered on Mar 4, 2025
I would certainly speak with an employment lawyer, if you cannot avoid rendering the statement. If in fact, you are under a contractual obligation to not divorce, confidential information and you end up doing so then you might be in violation of such obligations and subject to whatever penalties... View More
I was recently let go from my job after working for over a year and a half due to breaking a company policy, despite having a good track record. Another employee who broke the same policy received only a warning. No reason was given for the different treatment, and I have not raised this with HR. I... View More
answered on Mar 4, 2025
If there is evidence indicating that the disparate enforcement of company policy was motivated by illegal bias, you may have a case for wrongful termination based on discrimination against your former employer. Be sure to act in a timely manner as such claims are subject to strict time limitations.
I am seeking legal advice regarding ongoing issues at my security company. For the past two months, I've experienced several problems, including unpaid overtime, last-minute shift cancellations (often within 4 hours of the shift), and incidents where, after clocking in, I was informed that my... View More
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answered on Feb 18, 2025
I am sorry to hear about situation. You have a number of options, including filing a complaint with the NY State or Federal Department of Labor and consulting with an plaintiff's wage and hour attorney about a possible lawsuit. Many overtime attorneys will provide a free initial phone... View More
At my work we have a progressive discipline policy,, so I was recently moved from one manager to another, and a week after I was being questioned for fraternization, because I had a case with someone I knew, now there wasn’t any special treatment or anything, but during the meetings about this my... View More
answered on Feb 7, 2025
If you are not protected by contract, then you are an employee at will and can be fired. However, if you can prove that the overriding reason is that you are a felon, you may or may not have an action as the Executive Law may have been violated. Consult local counsel.
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answered on Feb 3, 2025
I'm sorry to hear that your employer is accusing you of fraud. Allegations of fraud in the workplace can have serious legal and professional consequences, so it is important to understand your rights and options.
In New York, fraud is generally defined as intentionally deceiving... View More
answered on Jan 31, 2025
Sorry to hear what happened to you. The bar for a negligent infliction of emotional distress claim is relatively high and would not likely be met by the incident you described. That said, you could bring a claim for assault which does not require there to be physical contact, just a threat of... View More
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answered on Jan 27, 2025
Yes and no. Both federal and New York State laws protect workers who file claims for harassment and discrimination from workplace retaliation including termination. However, it is not uncommon for employers to violate anti-retaliation laws. So there is still a chance that your employer would... View More
"In the past ten (10) years, have you ever been convicted of a crime involving a felony, misdemeanor, infraction, or violation of any law? Please exclude all traffic violations."
My friend was convicted of § 240.20 Disorderly conduct in NY in 2018. After one year, they were told... View More
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answered on Jan 17, 2025
Your friend's situation involves the application of New York's laws regarding sealed records and their implications for background checks. Here's an explanation tailored to their question.
Under New York Penal Law § 240.20, disorderly conduct is classified as a violation,... View More
"In the past ten (10) years, have you ever been convicted of a crime involving a felony, misdemeanor, infraction, or violation of any law? Please exclude all traffic violations."
My friend was convicted of § 240.20 Disorderly conduct in NY in 2018. After one year, they were told... View More
answered on Jan 8, 2025
This is a tricky area when discussing job applications requesting information of past convictions. You state that the Disorderly Conduct violation conviction was sealed [that should be confirmed with the court to make sure it was done]. The Legal Action Center in NYC advises what to do in the... View More
I work remotely in healthcare. My company is based out of New York. I informed HR that I plan on moving outside of the state. I received a list of states which did not include the state that I intend to move to. In our remote worker agreement, it does say that we have to get permission from HR, but... View More
answered on Dec 30, 2024
I'm so sorry you're having this problem with your employer - moving is hard enough without the stress of employer pressures! From a straight contract law perspective, it's going to come down to what you agreed to in your employment contract. From your description, it seems like you... View More
I was fired after starting a warehouse job, suspecting racial discrimination.
I received termination text with no prior performance feedback or warning.
answered on Dec 9, 2024
You need show some evidence that their decision was at least in part caused by a discriminatory motive. The evidence can be almost anything that suggests racial bias. For example, if the only difference between you and the other employers is your race (and not a difference in performance, skill,... View More
I work for amazon as a delivery driver for a 3rd party, heaviest packages we get are 50lbs but sometimes feel heavier, I gave the paper work my obgy gave me and my work basically said they have no light duty work, no desk duties and they don't do helpers so I have to basically deal with... View More
answered on Nov 27, 2024
The Pregnancy Discrimination Act and related state laws require reasonable accommodations for pregnant workers, similar to those provided to employees with temporary physical limitations. If you work in New York, you have additional protections under the New York State Human Rights Law (NYSHRL) and... View More
Contract sole provision is regarding severance : "Any severance payments will be
conditioned upon your execution and non-revocation of a release of claims in favor of the
Company and its affiliates in a form reasonably satisfactory to the Company"
Employer has... View More
answered on Sep 19, 2024
This ER has attorneys that drafted this GENERAL RELEASE "severance agreement." You need an attorney in your corner to tell you what you are potentially giving up in potential claims against the company, in exchange for the severance package. Are you giving up claims worth $10k for a $9k... View More
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