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New York Employment Law Questions & Answers
1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: I’m a 66 year old woman I have been harassed verbally abused humiliated and threatened at work for 15 months now. I

couldn’t take it anymore so I quit on Friday. Can I bring a lawsuit against my employer?

V Jonas Urba
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answered on Mar 11, 2024

You have offered two protected classes to which you belong. There may be many more. The two are your gender, female, and your age over 40. Was the harassment suffered because of your gender or your age? Remember that there are many more such as disability or perceived disability. If you were ill or... View More

1 Answer | Asked in Employment Law, Immigration Law and Business Formation for New York on
Q: My brother who has a greencard, has an llc with no other employee. With my opt, can I work in his llc?
James L. Arrasmith
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answered on Mar 10, 2024

Based on the information provided, there are a few important considerations:

1. As an F-1 student on Optional Practical Training (OPT), you are allowed to work in the U.S. as long as the employment is related to your field of study. The work can be for any employer, including an LLC owned...
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3 Answers | Asked in Employment Law for New York on
Q: In NYC can I insist in communicating with my boss thru email rather than in person to leave a paper trail for protection

If so can they deny me this request

T. Augustus Claus
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answered on Feb 23, 2024

In New York City, while you generally have the right to request email communication for work purposes, your boss can ultimately decide the preferred method. They might have valid reasons like fostering better collaboration or addressing sensitive topics in person. However, if you have concerns... View More

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3 Answers | Asked in Employment Law for New York on
Q: In NYC can I insist in communicating with my boss thru email rather than in person to leave a paper trail for protection

If so can they deny me this request

Tim Akpinar
Tim Akpinar
answered on Mar 1, 2024

Although this is posted under Employment Law, the concept of establishing a paper trail in communications applies in all areas of law. The very quality of communicating in this manner, leaving a written record, could be the very quality that puts the other side on guard and sometimes hesitant to... View More

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1 Answer | Asked in Tax Law, Employment Law, Antitrust and Civil Rights for New York on
Q: My Amended 2020 TAXES have been illegally re- Amended 3x! And my Forms 3949-A/ 211 for Award were removed!? Conspiracy!

Mass State Employees from REVIEW BOARD/MASS DUA- PUA / DOR HAVE SENT LETTERS INTO NY OTDA OFFICE IN ALBANY, THESE PPL HAVE OBLIVIATED MY CIVIL RIGHTS BASIC HUMAN RIGHTS TO SHELTER, VIOLATING TITLE 18§ 371 CONSPIRACY, DEPRIVATION OF RIGHTS, MASS TOLD NY I DIDNT FILE MY 20' TAXES? I DID &... View More

James L. Arrasmith
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answered on Feb 22, 2024

It sounds like you're facing a serious and concerning situation regarding your tax filings and interactions with government agencies. It's understandable that you're feeling frustrated and overwhelmed by what appears to be a series of mishandlings and potential violations of your... View More

1 Answer | Asked in Employment Law for New York on
Q: I work at metro by T-Mobile and someone broke the store windows and my boss is blaming me and making me pay for them.

Someone vandalized the store which is the same person stalking me and harassing me and he found out where I worked and broke the store windows and I told my boss it might be him and he said I would have to pay for the damages when I wasn’t at fault at all I can’t control people.

Christopher Marlborough
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answered on Feb 13, 2024

The short answer is no, the employer cannot require you to pay the damage. In New York, there is a short list of deductions an employer may take from a worker's salary, like wage overpayment, taxes, etc. Needless to say, the list does not include property damage caused by your stalker. The... View More

1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: A day before vacation I got sick. saw a doctor and got a note. my work wanted me back since i already was on meds.

My work insisted that I come in since I was on antibiotics and wasn't contagious anymore. I was still coughing and could not work. They have warned me that this is unacceptable behavior. Can I sue?

Michael Diederich Jr.
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answered on Feb 6, 2024

Whether you might have protection under the federal Family and Medical Leave Act, the Americans with Disabilities Act, or similar state or municipal law is very fact-specific.

If you had (or faked) a minor illness the day before departing for vacation (and were well enough to go on...
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1 Answer | Asked in Employment Law for New York on
Q: Can I ask a Employee that drives a tractor trailer for medical clearance , if I observe him looking medically unfit?

He took vacation for some weeks and came back ready to work and he mentioned to us he couldnt move his arm for one day and felt weak. He said he went to the doctor and they checked him and said he is ok after running test. We are just concerned with him driving and possibly getting into a accident.

Christopher Q. Davis
Christopher Q. Davis
answered on Feb 5, 2024

Under the ADA, a disability-related inquiry or medical examination of an employee may be "job-related and consistent with business necessity" when an employer "has a reasonable belief, based on objective evidence, that: (1) an employee's ability to perform essential job... View More

1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: The company I work for ask us to wear mask during second mask mandate, us asian first before taljing to other employees

He only said something to everyone when i ask him, is that for us asion only or every body. He rounded as asian first. Is that racism?

V Jonas Urba
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answered on Jan 24, 2024

Were you coughing or did you appear sick?

Everyone must be similarly treated. Not being treated similarly may be discriminatory unless it's an isolated incident or a petty slight or trivial inconvenience. Much depends on the specific facts, where it was said, who it was said to, who...
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2 Answers | Asked in Civil Rights, Constitutional Law, Employment Law and Landlord - Tenant for New York on
Q: I am employed and housed by my employer as a manager in upstate New York Jefferson county. I have privacy concerns

I work on property on site and live in a separate dwelling on site. I have concerns of audio being listened in on any particular camera at any time at two separate company properties and I have concerns of my private Internet traffic being stalked by the employer as well. I am finding difficulty... View More

James L. Arrasmith
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answered on Jan 21, 2024

It's understandable that you have privacy concerns given your unique situation of living and working on your employer's property in Jefferson County, New York. In the United States, employees do have certain rights when it comes to privacy in the workplace.

Firstly, you should be...
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2 Answers | Asked in Civil Rights, Constitutional Law, Employment Law and Landlord - Tenant for New York on
Q: I am employed and housed by my employer as a manager in upstate New York Jefferson county. I have privacy concerns

I work on property on site and live in a separate dwelling on site. I have concerns of audio being listened in on any particular camera at any time at two separate company properties and I have concerns of my private Internet traffic being stalked by the employer as well. I am finding difficulty... View More

Tim Akpinar
Tim Akpinar
answered on Jan 26, 2024

If it's their wi-fi/router, provided for work purposes, it's possible they may assert control over that traffic with no expectation of privacy. If it's your network equipment and connections, that could be yours, but even those settings can be subject to employer control, based on... View More

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1 Answer | Asked in Employment Law for New York on
Q: My employer raised my salary due to a law passed on january 1st, 2024. I believe I am an exempt worker. Why and what law

I believe I am an exempt worker. In nyc.

V Jonas Urba
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answered on Jan 11, 2024

Exemptions from overtime pay are not strictly salary based. An employment lawyer often will review the discretion and independent judgment which you may or may not exercise on your job.

Especially applicable for employees who earn less than six figures, employers have not infrequently paid...
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1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: How do I prove discrimination in the hiring process?

How do I prove discrimination in the hiring process?

V Jonas Urba
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answered on Jan 10, 2024

No employment discrimination case is easy to prove. Failure to hire cases are especially difficult.

You must show some type of discriminatory animus or motive not to hire you. And you must be at least minimally qualified to meet the essential job duties for the position.

We begin...
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1 Answer | Asked in Employment Law and Immigration Law for New York on
Q: Quitting job bound by 90-day notice requirement

Hello,

I am about to quit a postdoctoral position at a state university. I plan to give a 2-week notice. However, I suddenly noticed my postdoc employment contract states that I'm required to give at least 90-days notice for termination prior to contract expiring date. This is absurd... View More

James L. Arrasmith
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answered on Jan 4, 2024

In your situation, the enforceability of the 90-day notice requirement in your employment contract largely depends on the specific terms of the contract and the applicable state and federal laws. If the contract is legally binding and the 90-day notice is a clear term within it, then it may be... View More

1 Answer | Asked in Employment Law, Gov & Administrative Law and Municipal Law for New York on
Q: I work in Herkimer County NY as a Peace Officer. Can I work as a bartender-serving alcohol in Oneida County NY?
T. Augustus Claus
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answered on Jan 4, 2024

Whether you can work as a bartender serving alcohol in Oneida County, NY, while employed as a Peace Officer in Herkimer County, depends on the specific rules and regulations governing Peace Officers' secondary employment and any potential conflicts of interest. It is advisable to consult your... View More

1 Answer | Asked in Employment Law for New York on
Q: In New York State can an employer disclose your salary to potential buyers of company before sale finalized?

Company A disclosed my salary to Company B prior to any legal agreement of business sale.

Christopher Marlborough
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answered on Jan 4, 2024

Yes. The amount of your salary is not confidential. This information is commonly disclosed in connection with the sale of a business. When a business is up for sale, the buyer will want to know the financial condition of the business it is buying, including revenues and expenses. Due diligence is... View More

2 Answers | Asked in Business Law, Employment Discrimination and Employment Law for New York on
Q: Can my contacted company release me from my contract?

I live in Buffalo, NY. I work for a staffing agency(based out of Ohio) and have to miss some days due to meeting with my portion officer. Can they legally terminate the contract with my staffing agency due to me missing those days I had to meet with my P.O. and some other late days?

V Jonas Urba
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answered on Jan 4, 2024

You should definitely reach out to your probation officer because that individual has every intention of keeping you employed or at least should have such an intention.

You might Google: "adult probation services" and "New York". Use the quotation marks which might...
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2 Answers | Asked in Business Law, Employment Discrimination and Employment Law for New York on
Q: Can my contacted company release me from my contract?

I live in Buffalo, NY. I work for a staffing agency(based out of Ohio) and have to miss some days due to meeting with my portion officer. Can they legally terminate the contract with my staffing agency due to me missing those days I had to meet with my P.O. and some other late days?

T. Augustus Claus
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answered on Jan 3, 2024

It depends on the terms and conditions outlined in your employment contract and relevant employment laws. Generally, employers have the right to terminate employment contracts for reasons such as excessive absenteeism, but it's essential to review the specific terms of your contract and any... View More

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1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: can i get fired for takin my 30 minute unpaid break?

i let my supervisor know a week in advance that i would have to leave work due to a personal reason and she okayed it. fast forward a week i i got the phone call at work for the reason of me leaving and i told my boss that i had to leave and she okayed it again. So i clocked out and started my 30... View More

V Jonas Urba
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answered on Jan 2, 2024

A personal reason may or may not be protected. For example, if the personal reason was to take your child to a doctor's appointment that is almost always protected. This is just one example.

If the personal reason was unprotected then your employer's policies and procedures might...
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1 Answer | Asked in Employment Law for New York on
Q: I just got laid off from my FT job in NY but I’ve been freelancing for past 3 years. Can I claim unemployment?
T. Augustus Claus
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answered on Jan 1, 2024

In New York, eligibility for unemployment benefits is typically based on the wages earned during a specific period known as the "base period." If you've been freelancing for the past three years and were laid off from your full-time job, your eligibility for unemployment benefits... View More

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