Lawyers, Answer Questions  & Get Points Log In
New York Employment Law Questions & Answers
1 Answer | Asked in Employment Law for New York on
Q: Is it possible to negotiate a severance package if dismissed without notice with only 1 wk of severance & 1yr of svc.

Need to sign document, but wondering if I can negotiate for more based on years of service.

Layoffs are being done due to cutbacks not discrimination.

V. Jonas Urba
V. Jonas Urba answered on Feb 26, 2020

Is discrimination playing a role in reduction or termination? Call some employment lawyers before signing anything.

1 Answer | Asked in Employment Law for New York on
Q: Is it legal to terminate somebody from employment and not give them any letter about why they were terminated?

I was fired recently because I was told that I clocked out later than when I actually left. I work for a major Healthcare Company and I became ill for the first time ever with Flu A. My manager had contacted a week later & asked me if I had clocked out earlier, and I had told her that I did leave... Read more »

V. Jonas Urba
V. Jonas Urba answered on Feb 24, 2020

If you are "at will" meaning no union, no contract, not working for the government no letters are required. They don't even need a reason.

So why do so many employees seem to recover at least something after being fired in New York City? Because "discrimination shall play no role in an...
Read more »

1 Answer | Asked in Employment Law, Civil Litigation, Civil Rights and Employment Discrimination for New York on
Q: can you get fired for lying about your HIV status?
V. Jonas Urba
V. Jonas Urba answered on Feb 19, 2020

The most important question is where, when, and why you were asked about that?

Then, whether that question was directly related to your job duties and how you would perform your duties with precautions, if any, as required by law.

Then, if the question were asked at the appropriate...
Read more »

1 Answer | Asked in Employment Law for New York on
Q: My employer terminated my employment and has not provided written notice of this after more than a week. Lawsuit?
V. Jonas Urba
V. Jonas Urba answered on Feb 16, 2020

As long as you did not commit gross misconduct, applying for unemployment insurance benefits and looking for a new job is probably the way to go.

Unless there was discriminatory motive or a breach of contract, what would be the good faith basis for a lawsuit? Frivolous lawsuits can result...
Read more »

1 Answer | Asked in Employment Law for New York on
Q: My employer put me on paid suspension and have not been paying the hours scheduled and also didn’t pay me this week

I emailed the company HR , Store manager & area Director and nobody got back to me and I’m still employed what do I do next

V. Jonas Urba
V. Jonas Urba answered on Feb 14, 2020

They may have changed their mind which they can do.

Call them and ask them. If that does not work file for unemployment benefits after a week. If they have not responded in a week maybe they fired you? Good luck.

They dont have to give you notice or reasons for anything unless your...
Read more »

1 Answer | Asked in Employment Law for New York on
Q: Class action filed 2017.After this, employees sign a waiver restricting class action suits. Can they cash their check?
Greg Mansell
Greg Mansell answered on Feb 10, 2020

This depends on whether they joined the lawsuit prior to signing the waiver. If they received a check, it sounds like the class was certified prior to signing a class action waiver. So they can likely cash their check since they already joined the lawsuit prior to signing.

1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: I am currently employed however I obtained my position through a staffing co. The actual org. States they pay for lunch

And the staffing co. Says they deducted my lunch. Can you explain what the law says about this because I feel I am being robbed &its being jsustified.

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

New York Labor Law prohibits deductions from paychecks except as agreed to by the employee or by court order.

Employment agreements and benefits are always subject to change unless you have entered an employment contract or your union contract provides contractual rights. Employment...
Read more »

1 Answer | Asked in Employment Law and Libel & Slander for New York on
Q: Im in NY State. Do the NY state labor laws allow for employees to get information about the content shared about u.

How to know If someone isnt slandering info. to the unemployment dept from your prev. Employer to disqualify you for applyn for benefits? What info can you legally request.

Mathew Paulose Jr.
Mathew Paulose Jr. answered on Feb 6, 2020

Greetings. If a person is connected to a governmental agency (for example, they have a pending unemployment application in front of an unemployment agency), they should be able to get all evidence submitted by any party just be asking. If a person is not connected to the agency (for example, an... Read more »

1 Answer | Asked in Criminal Law, Employment Law, Civil Litigation and Civil Rights for New York on
Q: Will I be criminally charged?? What to do? Please help!!

I work as a cashier in a pharmacy, last week I had LP investigating me for theft and lost prevention.

Long story short, I used my non discount card for customers which accumulated coupons that I used for personal purchases. The amount estimated was $100. In my statement, I admitted the... Read more »

V. Jonas Urba
V. Jonas Urba answered on Feb 6, 2020

An employment lawyer would carefully review your employee handbook before advising you. This could be completed remotely. You would call and discuss more details, you and the lawyer would agree to a flat fee for such review and legal advice regarding options, and everything including payment and... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: I’m a dancer/actor. My employer wants to weigh me & my castmates (in private,individually) every 2 weeks. Is that legal?

This seems like standard procedure, but I was just curious. It was stated in the Grooming Policy they sent me. I haven’t started the job yet. I’m going to be in the ensemble of a musical on a cruise ship.

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

Wow. You need to watch this clip first. https://www.youtube.com/watch?v=0nCT8h8gO1g

New York lawyers are not licensed to handle matters on international waters and there may or may not be any international laws governing the practice you describe unless you can tie your employment to New...
Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for New York on
Q: Okay I’m just wondering if I made a complaint on a manager for picking on me. I haven’t been scheduled
Carrie Dyer
Carrie Dyer answered on Jan 30, 2020

It is unlawful for your employer to stop scheduling you for shifts in retaliation for making a protected complaint. Not every complaint about a manager is a "protected complaint." If you complained that you believe in good faith that your manager was treating you differently or taking some action... Read more »

1 Answer | Asked in Appeals / Appellate Law and Employment Law for New York on
Q: I am fighting an unemployment case I had a hearing and a appeal now it has to go for another motion to dispute

is it to late to get a attorney involved

V. Jonas Urba
V. Jonas Urba answered on Jan 28, 2020

You might try a law school clinic which allows law students to learn while helping clients who lack the legal skills necessary to uncover evidence which may have been misinterpreted or not addressed. Of course if the evidence was not introduced into the record that will be problematic.

Your...
Read more »

1 Answer | Asked in Employment Law for New York on
Q: mediation for pro se

wrongful termination discrimination eeo person never told supervisor i complained was terminated 30 days later

V. Jonas Urba
V. Jonas Urba answered on Jan 26, 2020

A legitimate non-discriminatory reason can wipe out discriminatory motives. It's the employer's motivation which needs uncovering and that is never easy.

An employer may even rely on facts which are not true to make termination decisions if the employer believed those facts were true. The...
Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: Using non-payment of incentive as evidence of hostile work environment and discrimination?

A company has different departments. Some department has incentives and some department doesn't. The incentive basically works on how much time you save. So for example: You complete a 60 minute assignment in 30 minutes. So any time you save is added to your weekly check.

Every so often... Read more »

V. Jonas Urba
V. Jonas Urba answered on Jan 24, 2020

I think you need to call some employment lawyers. We would need to inquire much more about the facts which are actually motivating the changes to pay practices.

2 Answers | Asked in Employment Law for New York on
Q: If a person is sexual harassed at work, supervisor knows, and still works with that person is there a case?

After telling supervisor about all the things other rep said, was still told to work with that person. The one who said it was mad that something was stated to the boss about said stuff. Had 3 days of that person saying sexual comments. Now hard to work with this person.

Carrie Dyer
Carrie Dyer answered on Jan 22, 2020

You should review your employer's handbook or policy regarding reporting incidents of sexual harassment and ensure that you are following that policy. You should also report the sexual comments, in writing, to the Human Resources department. Be sure to report all future incidents in writing as... Read more »

View More Answers

1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: the question is if you are hired for over a year and the employer is unsatisfied he can fire you “at will” but is it

Legal to “push” you out. Look for methods to get you out of your job. I have was push put but not by conventional methods

V. Jonas Urba
V. Jonas Urba answered on Jan 2, 2020

Was the pushing discriminatory? If so, how will you prove that? Employment lawyers spend many hours, months, even years proving cases that some employees erroneously believe are easy to prove.

No employment discrimination case is a slam dunk. Call many employment lawyers to discuss if there...
Read more »

1 Answer | Asked in Employment Discrimination, Employment Law and Legal Malpractice for New York on
Q: Is it legal for employers to find a way to kick out their employees or push them out so that they can leave ???-help

Need info on department of labor laws or employment laws

V. Jonas Urba
V. Jonas Urba answered on Jan 2, 2020

If you do not have a specific term of employment agreement (i.e. Jan 2020 thru Jan 2021) nor do you have a union collective bargaining agreement that protects everyone in the union nor do you work for the government then chances are pretty high that you are "at will".

Being "at will" means...
Read more »

1 Answer | Asked in Employment Law and Business Law for New York on
Q: Can my boss demote me with no reason ?

My boss hired a new manager to take over my spot without telling me without having any write ups and demoted me and dropped my pay from 20$ to 18$ to $16 and cut my hours. What can I do ?

Kyle Anderson
Kyle Anderson answered on Dec 31, 2019

Yes, an employer can demote you as long as it wasn't based on your membership in a protected class (race, religion, etc.) or based on you engaging in a protected activity. Because you provided very little fact about the circumstance, you may want to reach out to an employment law attorney in your... Read more »

2 Answers | Asked in Employment Discrimination and Employment Law for New York on
Q: My boss does want to pay me 12 hours overtime because she said it wasn’t approved

My boss does want to pay me 12 hours overtime because she said it wasn’t approved but regardless I worked it so isn’t she still obligated to pay me ? Also I was promoted to a manager and then demoted me in two months because she hired someone without a Real reason and then dropped my pay.

V. Jonas Urba
V. Jonas Urba answered on Dec 31, 2019

Your question is complicated. Managers usually earn a salary. But that does not always mean that they are exempt from overtime pay. On the other hand, hourly employees, are entitled to overtime pay. But that does not mean that an employer can not implement policies and procedures to follow which... Read more »

View More Answers

1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: Can false write ups, pips and not giving opportunity and pay bonus used as evidence of discrimination and harassment

State of New York

I've been dealing with hostile work environment and discrimination from my supervisor, manager and human resources for almost year.

They have me on pip (one step away from a final warning) for not reaching my goal but doesn't give me enough time or practice. They... Read more »

Carrie Dyer
Carrie Dyer answered on Dec 27, 2019

In some situations, the issuance of discipline, including a performance improvement plan, can be used to support a claim of discrimination or a hostile work environment if the employer does not impose such discipline in a uniform manner, or if disciplinary action is taken in response to a complaint... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.