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New York Employment Law Questions & Answers
1 Answer | Asked in Contracts and Employment Law for New York on
Q: Hello , my employer refuse to pay me over 10000$ in commission

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... Read more »

Brian Greben
Brian Greben 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.

1 Answer | Asked in Employment Law and Employment Discrimination for New York on
Q: What are the risks/benefits for resignation verses being laid off or terminated?

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

Rhiannon Herbert
Rhiannon Herbert 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... Read more »

1 Answer | Asked in Employment Law for New York on
Q: If the company you work for is bought out by a different company is the old company required to transfer PTO

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

V. Jonas Urba
V. Jonas Urba 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... Read more »

1 Answer | Asked in Employment Law for New York on
Q: I am moving from NY to SC. I will be unemployed. Will I be eligible to apply for unemployment benefits.
V. Jonas Urba
V. Jonas Urba answered on Sep 9, 2021

Maybe. It depends on the circumstances related to the loss of your last job. If you quit the job that will likely present a formidable challenge unless you were constructively discharged. Essentially forced to quit, no other choice, and not your fault. You will want to check with lawyers who handle... Read more »

1 Answer | Asked in Employment Law for New York on
Q: If you're scheduled for work and find the store closed to you get paid

Store was closed for co leak and I wasn't notified

V. Jonas Urba
V. Jonas Urba answered on Sep 2, 2021

New York City's Code may be helpful. Here is a link:

https://www1.nyc.gov/assets/dca/downloads/pdf/about/FairWorkweek-LawRules.pdf

You may want to review your employee handbook, which every employer should have, although not mandated to have, which might address closures....
Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for New York on
Q: I won a settlement. I don't agree with the settlement amount. Can my lawyers go back for more money?
Michael D. Birchmore
Michael D. Birchmore answered on Aug 30, 2021

While it might be unlikely, you should discuss with your attorneys who actually know all the facts of your situation.

1 Answer | Asked in Employment Law for New York on
Q: I signed a contract stating id pay back a sign-on bonus if I leave before 6months. Can she withhold my last paycheck?

I live in New York State. The sign on bonus was $250, and the contract states I need to stay with her until December 4th. My workplace is hostile and I need to leave. Can she legally withhold my last paycheck to “repay” my sign on bonus?

V. Jonas Urba
V. Jonas Urba answered on Aug 24, 2021

Is yours a "similar payment for the benefit of the employee?" And have you signed an agreement which expressly authorizes the deduction? Take a look at Section 193.1 here:

https://www.nysenate.gov/legislation/laws/LAB/193

Not legal advice. No lawyer client relationship. Good luck.

2 Answers | Asked in Bankruptcy, Employment Law, Workers' Compensation and Employment Discrimination for New York on
Q: Suspended without pay for extended amount of time

I have been suspended from my workplace for almost a month due to a security breach. My account was used to make administrative changes to our users via a vpn connection. Upon looking further into my home network I realized an unknown user has accessed my incoming connection Keylogged my system,... Read more »

Carrie Dyer
Carrie Dyer answered on Aug 11, 2021

Your employer is not violating the law by keeping you on a leave of absence while the police investigate the security breach. Unfortunately, there is not much you can do in this situation besides wait.

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1 Answer | Asked in Employment Law and Workers' Compensation for New York on
Q: I got covid in January at work a coworker was sick and told management but they didn’t inform us I’m still sick.Help

Management didn’t inform the workers and I got sick . I’m still suffering from fatigue, headaches , hair thinning, teeth cracking and joint weakness I haven’t been able to get back to work fully I work once every two weeks because I get exhausted in the stores and can’t keep up. If I... Read more »

V. Jonas Urba
V. Jonas Urba answered on Aug 6, 2021

Consult with a workers compensation lawyer immediately. Although it may be difficult to pinpoint where you contracted COVID, a skilled workers compensation lawyer might be able to tie it to your workplace. Good luck. Alternatively, if you have disabling conditions, ask your doctor about... Read more »

1 Answer | Asked in Employment Law for New York on
Q: I need advice on a Form Invention Assignment Agreement before signing.

I'm starting a new job and they want me to sign an Invention Assignment Agreement. A lot of the document legalese goes clean over my head but the wording is intimidating and makes it sound like I won't own anything I create, regardless of the Inventions ties to the company itself. I want... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 1, 2021

An employment attorney should advise here, but your question remains open for three weeks. At this point, you could reach out to employment attorneys to discuss. The format of this Q & A board is quick general questions, and it could be difficult for an attorney to offer meaningful guidance... Read more »

2 Answers | Asked in Immigration Law, Employment Law, Civil Rights and Employment Discrimination for New York on
Q: My job asked me to share my college transcripts & diplomas to submit to U.S. immigration to help a new hire get a visa.

I work in NYC, at will, salaried. My employer requested that I share my diploma and transcripts so that they can share them with immigration officials to help a new hire get a work visa. My employer did not indicate that the request was optional. Can they legally request that? Can they share my... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jul 26, 2021

The USCIS has gotten extremely obnoxious to employers for H1-b visa applications. The unrighteous restrictions placed upon lawful non-immigrant/immigrant employment visa applicants smothers the U.S. economy due to bigotry and ignorance. They used to allow 200,000 H1b visas in the 1990s, but it... Read more »

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1 Answer | Asked in Employment Law for New York on
Q: Minor working grill position at chipotle?

im a minor in New York State. I currently work at chipotle Mexican grill. My general manager wants to put me as grill and cook permission, I need to use a knife and operate the grill. Both my parents and I have given them permission to let me. Is it legal if I do grill position

V. Jonas Urba
V. Jonas Urba answered on Jul 13, 2021

Please see a link for New York's Department of Labor handbook on the employment of minors in New York State. You'll see a distinction for minors under the age of 16 and then continuing restrictions for those between 16 and 18. Check out pages 10 to 12 I believe.... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: If a person applies for a job and they are called for an phone interview for that company and Human Resources advises

that they interested in you and you follow all protocol by staying in touch etc. Then they decide to tell you the position has been filled and then you find out they reposted the job. Is there any bias here because they show interest in you and they tell you they filled the position and now it is... Read more »

V. Jonas Urba
V. Jonas Urba answered on Jun 22, 2021

Why not apply for the reposted position?

Many say that it is a very tight job market. An employee's choice. The candidate they selected may have accepted a better offer or failed to show for their first day of work. Human Resources thought the position was filled and here they are. Or...
Read more »

1 Answer | Asked in Employment Law and Intellectual Property for New York on
Q: I prepared many policies and procedures for my employer. Do I have any legal ownership of the documents I created

Documents including operating templates created by myself all on my personal laptop not issued through the business. All budgets and analysis's have been created on my laptop. Are any of these documents legally my property considering I created it all from scratch on my laptop.

Omar Darwich
Omar Darwich answered on Jun 20, 2021

It's most likely going to depend on the nature of your employment contract with your employer.

Your best best is to consult with an attorney and have them do a review of your employment contract.

1 Answer | Asked in Employment Law for New York on
Q: I had a virtual job interview but there were a lot of tech troubles. It wasn't my fault. Can I ask to do it again?
Tim Akpinar
Tim Akpinar answered on Jun 11, 2021

There are employment law attorneys here who are most knowledgeable in this area, but your question remains open for a week, and you might be losing valuable time or a good opportunity. From a practical standpoint, ask. You have nothing to lose, and it could be preferable to the prospective employer... Read more »

1 Answer | Asked in Employment Law for New York on
Q: I am an exempt salaried employee in NY and have a question about timecards and hours

My company handbook states only non exempt employees have to fill out a time card. The company has now been making exempt employees do so as well, though no revisions have been made to the handbook. They expect us to punch in, lunches, and out for the day. They have also introduced an "early... Read more »

V. Jonas Urba
V. Jonas Urba answered on May 31, 2021

Company handbooks are almost never contracts. I don't recall one which was enforced as a contract. They usually state so in the printed document itself. Handbooks are usually subject to change with or without notice as long as the employer applies the changes to everyone.

More...
Read more »

1 Answer | Asked in Employment Law for New York on
Q: If I voluntarily quit my job, can they say I was terminated?

I just quit my job and they sent me a termination letter. The reason on the letter was “dissatisfied with job.”

Jordan Alexander El-Hag
Jordan Alexander El-Hag answered on May 24, 2021

Termination of employment can be broken down into voluntary and involuntary. So your employer can put voluntary termination. This will come into play when filing for unemployment.

1 Answer | Asked in Employment Law for New York on
Q: Is it legal for an employer to keep tips?
Brian Greben
Brian Greben answered on May 10, 2021

Usually not.

1 Answer | Asked in Employment Law for New York on
Q: Who should I sue ?

I am a nurse, hired by a company to work in a hospital.

I was fired for no valuable reason. Should I sue the company or the hospital ? Thank you.

Carrie Dyer
Carrie Dyer answered on May 5, 2021

Additional information is needed to answer this question. If you were hired, terminated, and paid by Company, and placed to work in Hospital, then generally, your "employer" would be Company, not Hospital. However, there are circumstances in which a "joint employer"... Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for New York on
Q: if on STD and HR calls and says someone one saw you at the hotel you stay at while working is that legal? I had a stroke

Called once to see how I was than immediately called back stating someone saw me and explain

Tim Akpinar
Tim Akpinar answered on Apr 27, 2021

It could depend on the timeline and the severity. And those are things that a physician, not an attorney, is qualified to speak about meaningfully. The fact that you were at a hotel, in and of itself, is not evidence of the absence of a disability. Your post remains open for two weeks. Consider... Read more »

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