New York Employment Discrimination Questions & Answers

Q: Can I not ask back an hourly employee for next year?

1 Answer | Asked in Employment Law and Employment Discrimination for New York on
Answered on Mar 18, 2019
V. Jonas Urba's answer
Employment at will is the law unless:

An employer violates a union contract or a private employment contract or an employee has vested civil service rights (the employee works for the government or might be funded with government funds).

If you receive government monies you definitely should retain or consult an employment lawyer.

Have any contracts which may apply reviewed before firing anyone. Consult legal regardless before making termination decisions to be safe.

Q: If i was convicted of a felony as far back as 2011, can an employer see that on a back ground check?

1 Answer | Asked in Criminal Law, Employment Discrimination and Employment Law for New York on
Answered on Feb 20, 2019
Kristen Epifania's answer
If your employer is in the same state where you were convicted, then a felony conviction will likely appear. If it is in a different state, there is a possibility that it may not show up.

Q: My boss fired me for being in the bathroom “too long”. She says I was in the bathroom for over 20 minutes. I wasn’t

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for New York on
Answered on Feb 5, 2019
V. Jonas Urba's answer
You can be fired for a good reason, bad reason or no reason at all as an "at will" employee. If you are non union, non civil service, or do not have a written contract of employment you are probably at will. Being in the bathroom is not an illegal reason to fire someone unless you told your employer about some medical condition which might require extended bathroom time. Unless you were told that excess bathroom time could get you fired you should be able to recover unemployment, barring gross...

Q: Employer was due to pay out a referral bonus to me. They laid me off and now refuses to pay. Is this legal?

1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Answered on Jan 8, 2019
V. Jonas Urba's answer
You should pay an employment lawyer to review whatever you signed and whatever documents promise you what you think you are owed. Otherwise contact the Department of Labor.

Q: Hello, I’m looking to file a lawsuit against the FDNY for the ongoing discrimination, assaults and mistreatment

1 Answer | Asked in Civil Rights and Employment Discrimination for New York on
Answered on Dec 19, 2018
Charles Joseph's answer
Unfortunately, the information you’ve given in your question is not specific enough to determine whether you have grounds for a lawsuit. You should contact an experienced employment attorney in your area and discuss the particulars of your situation.

This response is not legal advice, but is general information only, based upon the information stated in the question and general legal principles. It is provided for general educational purposes of the public who may have similar...

Q: Do I have a case. Will an attorney consider my case as discrimination or mediation with my Employer

1 Answer | Asked in Employment Discrimination, Employment Law and Immigration Law for New York on
Answered on Dec 8, 2018
Leonard R. Boyer's answer
There is probably know way to "force" your employer to help you bring your spouse to US, nor keep you as an employee. You really need to retain an experienced immigration attorney to find out your other options. H1B is not a Visa that will enable you to have what you want and there is no legal basis for your to sue your employer for emotional distress. Trump administration guidelines for summoning legal and undocumented immigrants before an immigration judge to start deportation procedures will...

Q: I noticed my company only hires recent graduates.

2 Answers | Asked in Employment Discrimination for New York on
Answered on Nov 21, 2018
Emre Polat Esq.'s answer
Are they terminating older employees? It could be age discrimination.

Q: I got bit by a student. I’m afraid to enter my own classroom. My principal and union know. I went to the doctor.

1 Answer | Asked in Employment Law, Personal Injury, Education Law and Employment Discrimination for New York on
Answered on Oct 28, 2018
Peter N. Munsing's answer
You have an unsafe workplace. If your union won't do anything about it I suggest you contact a member of the NYState Trial Lawyers Assn who handles employment issues. You may have to try a number. Try the National Employment Law Project: https://www.nelp.org/

As they are a Legal Services backup center they can't give you much advice but they do have "cooperating attorneys" who handle cases they cannot handle because of the statutes that govern them--ask for "cooperating attorneys ' in...

Q: My employer requires women to wear skirts and men to wear pants. I'm a woman who isn't comfortable wearing a skirt. Am I

3 Answers | Asked in Employment Discrimination for New York on
Answered on Oct 19, 2018
Emre Polat Esq.'s answer
Is it part of their uniform? What industry are you in? Food service/bar? It could be perceived as discriminatory. Further information is required. Consider a consultation for a case evaluation.

Q: If you quit a job & didnt receive your pay can you sue ?

2 Answers | Asked in Employment Discrimination and Employment Law for New York on
Answered on Oct 2, 2018
V. Jonas Urba's answer
Contact the New York State Department of Labor. They will help you. Everyone in New York is entitled to be paid for all hours worked.

Q: My managers don't seem to take my concerns into account and it has led to injury and retaliation.

1 Answer | Asked in Employment Law and Employment Discrimination for New York on
Answered on Sep 28, 2018
V. Jonas Urba's answer
You need to be able to perform your job duties with or without a reasonable accommodation. If you need that you MUST request that. Ask your doctors what you need and consult an employment lawyer.

If you have a workers compensation claim it is simple to retain a contingent fee lawyer for that. Do so. You will be glad you did. They earn nothing unless they win and the percentage they charge is limited by state law.

Lawyers will not just charge percentages. They will earn those...

Q: Are employers required to make accommodations for wheelchair users who have a temporary injury under the ADA?

2 Answers | Asked in Employment Discrimination for New York on
Answered on Sep 25, 2018
Emre Polat Esq.'s answer
Yes, to the extent it is not unduly burdensome on the employer's business.

Q: I was forced to resign from my former place of employment due to health reasons I applied for and was denied

1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Answered on Sep 14, 2018
V. Jonas Urba's answer
Appeal the decision timely. If you do not promptly immediately do so you will probably waive your right to do so.

Bring copies of every single medical record and notice to your employer of your medical condition to the hearing. You have to introduce and move all medical records into evidence at hearing.

If you notified your employer, have medical documentation, apply and testify honestly you should be ok. If you were warned, then did something that rises to gross misconduct,...

Q: Is there a statue of limitations on suing a former employer for wrongful termination and being denied unemployment benef

1 Answer | Asked in Employment Law and Employment Discrimination for New York on
Answered on Sep 14, 2018
V. Jonas Urba's answer
Wrongful termination in the strict meaning of that term does not exist.

We look for discrimination. If an employer does not like an employee that is not illegal. If an employer discriminates against an employee because the employee belongs within a protected class of employees that is discrimination and illegal; if we can prove it. The first question we might ask: "what reason did an employer give you for firing you?" If we can prove the reason was false it might be discrimination. If...

Q: My boss wants me to pay $460 for a car key I lost...he wants me to sign the papers now... please its URGENTTTTT

1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Answered on Sep 5, 2018
V. Jonas Urba's answer
Any lawyer who answers your question better have reviewed your employee handbook, any contract you may have entered, wage notices required by the Wage Theft Prevention Act, pay stubs, receipts, and basically any other paperwork you may have signed or consented to. If you choose not to proceed that way then the following link may or may not help you. If you are an "at will" employee you do know that an employer needs no reason to fire you as long as they do not fire you for an illegal reason....

Q: Do we have a case for disability discrimination/Civil Law Service breach/retaliation? limited space, cant give more dtls

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for New York on
Answered on Aug 29, 2018
V. Jonas Urba's answer
I doubt that anyone will be able to answer your question.

You don't want to post details about medical issues on a public forum.

Employment law cases are fact intensive and document heavy. To really, truly get a handle on any case a lawyer needs to spend considerable time with your husband. Then the lawyer spends time reviewing, sometimes, voluminous documents. Then the lawyer and potential client discuss time frames, costs, expenses, fees, etc...

Your husband should...

Q: Looking for a lawyer to help me on similar and worst case against Sumitomo

1 Answer | Asked in Employment Law and Employment Discrimination for New York on
Answered on Aug 15, 2018
Michael Diederich Jr.'s answer
If you are worried that your employer may act in a discriminatory or retaliatory fashion, it is always best to consult with an employment lawyer BEFORE the employer takes adverse action. Some employment lawyers offer free telephone consultations.

Q: When offered a promotion, can an employer change your salary even though you refused to sign your offer letter?

1 Answer | Asked in Contracts and Employment Discrimination for New York on
Answered on Aug 9, 2018
Michael David Siegel's answer
As long as you make minimum wage, and have no contract for anything else (which you don't as the unkept promises are not a contract), then the employer can do whatever he wants. You can always quit.

Q: I was wrongly accused of something I didn’t do at work.

2 Answers | Asked in Contracts and Employment Discrimination for New York on
Answered on Aug 3, 2018
V. Jonas Urba's answer
Biggest mistake employees have been making recently? They discuss the ongoing investigation with someone after being told not to do so. That's insubordination. It often results in termination.

Listen, take notes, ask questions and argue at your own risk; meaning dont argue. If you did nothing wrong you should recover unemployment unless you committed gross misconduct. That would include the above. Dont think because you were not there they have no evidence. They dont need any evidence....

Q: Can i sue a company

2 Answers | Asked in Employment Law and Employment Discrimination for New York on
Answered on Jul 19, 2018
Emre Polat Esq.'s answer
That could be a form of discrimination. Consider a consultation for a case evaluation.

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