Jonas Urba Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 31, 2025

You write I'm Atlanta, Georgia, where I am currently located. Employees performing services are covered by federal laws and the local and state laws where they work. Assuming you performed services in Georgia, either remotely in that state or from an employer with an office in that state a... View More

Jonas Urba Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 30, 2025

Retain ALL correspondence regarding this request. Keep all emails, voice mails, texts, everything related to this. If you have nothing request it from your employer. Remember, this sounds very strange and when you apply for unemployment benefits, assuming you argued it was too expensive or costly... View More

Jonas Urba Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 5, 2025

That is a very interesting question. Yes, you should absolutely pay an employment lawyer to thoroughly review the proposed agreement. I am surprised that more foreign companies who mostly operate overseas have not done this before. It will be very interesting to see how federal courts approach... View More

Carmen "Jack" Giordano Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 29, 2025

To answer this question properly, a lot more information is needed. One question I would have is whether other employees similarly situated were presented with reduced compensation packages. It is one thing to suspect you are being penalized with a salary reduction due to your pregnancy and another... View More

Carmen "Jack" Giordano Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 23, 2025

You should speak with an attorney immediately about this situation. The excuse provided for your layoff sounds pretextual coming on the heals of your having informed your manager about your pregnancy. It is also significant that your employer brought in a junior designer not long before they... View More

Jonas Urba Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

Vince F. Sykes Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

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.

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.

Hello – your experience sounds awful. You may still have a cause of action against the manufacturer if the defect was known and there was a recall. You might be able to establish liability by having the employer and repair facility testifying your behalf. While it is a challenging case, you still... View More

I'm so sorry about your accident. There's a lot to sort out in this brief summary. Your post doesn't mention if you had a workers' comp attorney. If you did, then you could focus on possible third-party claims, which my colleagues correctly point out. That could mean a case... View More

Jonas Urba Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 13, 2025

Injuries which occur within the course and scope of your employment are not lawsuits. They are statutory claims for workers compensation benefits. Of course, you likely already have a workers compensation lawyer so you need to keep counsel informed of anything and everything you are even thinking... View More

In addition to a workers' compensation claim, you may be able to bring a third-party personal injury action against an entity other than your employer for this claim if they are responsible for the cause. Based on your submission, that could either be the manufacturer or an outside,... View More

Stephen Bilkis Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 12, 2025

I’m truly sorry to hear about the traumatic workplace incident you experienced, and I understand how distressing it must be to navigate the aftermath, particularly with the complications surrounding the defective device and the withheld evidence. Based on the information you’ve shared, it does... View More

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.

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

Christopher Marlborough Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

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

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

What you describe could be a tough case. Whether the attorney who dismissed the prospects of a disability case or HIPAA case was an employment law or health care law attorney, defamation-based cases can be costly. Your frustration of what was done to your reputation is understandable, but it could... View More