I was denied employment based on my criminal history by a temp agency. I was interviewed by the temp agencies client company and was told that I had gotten the job. The temp agency then screened me doing a drug test and background check. I disclosed on my background check my felony conviction that... Read more »
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answered on Mar 10, 2023
In New York, discrimination based on a past criminal conviction could be unlawful depending on several conditions. Under the NYS Human Rights Law and NY Corrections Law, the prospective employer must conduct a multi-factor analysis to determine whether it can decline to hire you, such as the... Read more »
I work in a weld shop, but the front office, so I don't weld. The entire male staff has the same dress code, and the women in the weld shop area have the same dress code, but the women in the front office have no such dress code. Is this an enforceable thing?
answered on Feb 7, 2023
Whether this is legally permissible, in theory, is one thing. Whether it makes sense for you to make a big issue out of it is another matter, entirely. You need a cost benefit analysis of the problems you will create for yourself at work, versus the value and enforceability of the alleged harm you... Read more »
Am I able to sue my employer for this? I have a picture of my knee with a date on it. Also I am not getting overtime paid for 3 years.
answered on Oct 6, 2022
You quite possibly have a disability discrimination case, depending upon how "reasonable" your request to work from home was. Probably more important, however, is the fact that you haven't been paid OT in 3 years. If you are a nonexempt employee, and are therefore entitled to... Read more »
This can be under The New York State Human Rights Law or The New York City Human Rights Law or Education Law § 3813 or any other employment law.
answered on Apr 2, 2023
This is something that the employment attorneys here would know best, but your question remains open for two weeks. Here is something from the EEOC that might be a starting point for research until you're able to consult with someone who knows this area well -... Read more »
If it's not, what do I do about it?
answered on Mar 11, 2023
While there are some exceptions, it is typically illegal for a company to not hire you in New York based solely on a positive drug test for THC. If that's what they did, and why they did it, and no exceptions apply, you can sue them.
When I own a business (e.g. bakery, coffeeshop etc.) am I LEGALLY allowed to deny service to people of a specific ethnicity (e.g. african-american), sexuality, gender etc. and/or deny them employment? I mean after all it is MY business and I can decide, whom I offer my service or who can enter my... Read more »
answered on Jan 4, 2023
No, you cannot legally discriminate against patrons or employees. Yes, you can get sued.
I am a known for being a hard-worker and respected in the industry as at top energy service professional. Working over 70 hrs in a week. Sometimes my boss wants us to work more. One time i had to decline because i was too worn out. After i declined i became a target for my boss. He made my job... Read more »
answered on Dec 13, 2022
There are too many variables that aren't addressed in your question to give an answer in this forum. You should reach out to an employment/labor attorney; many of us provide free consultations.
I work for a state government office. One day, my subordinate began loudly uttering (using profanity), derogatory remarks about another worker whom has a slight mental disability. He was threatening to "tell him off" if approached by the other employee, and was making negative comments... Read more »
answered on May 12, 2022
I'm sorry your question remains open for two weeks. You could repost under the "Employment Law" and "Employment Discrimination" categories instead of "Uncategorized." There's no guarantee that every question here is answered. Some questions do go unanswered.... Read more »
answered on Feb 4, 2022
It is unlawful to discriminate against an employee based on their religion under both federal, NY and NJ discrimination law. You should consult with an employment attorney to discuss your matter further and get advice on how to address this.
Good evening,
I have an ongoing concern at my current workplace that does not seem to be changing. And I am seeking legal advice.
I have written a statement to a current employer about harassment, unprofessional discriminatory comments, and unsafe distribution activities with heavy... Read more »
answered on Jan 24, 2022
First of all, I would like to tell you that I'm sorry that you are having to go through these things at your workplace.
As for the harassment and the discriminatory comments, largely, these will be lumped together as to how they are treated in the legal context. To constitute either,... Read more »
I was accused of stealing a phone on my job on 9/11/2021.I got arrested for a felony Grand theft. When I went to count it got downgraded to mismenandor two counts(one for Petit Larceny and Criminal Possession of stolen property). I was offered a restitution to dismissal at the Arrangement and the... Read more »
answered on Jan 15, 2022
Depends on who made the criminal complaint, and whether it was false and done with malice. Any lawyer you consult will need far more facts that you have provided.
I signed a noncompete that says I can’t work for 2.5 years and 15mi from the office location in Nassau county. I want to work for another group.
answered on Dec 6, 2021
About 5 years ago I conferenced with a physician who had worked for an organization for approximately 25 years. The physician was very highly compensated. This physician appeared "burned-out" and simply wanted a change of pace. The unfortunate part was that the employer had invested... Read more »
I received a offer from United Health Group and the preemployment process has a standard drug screening which includes marijuana. I reside in NYS. Would my offer be rescinded if the drug test comes back with positive marijuana if the employer resides outsides of NYS?
answered on Oct 31, 2021
No more Cannabis testing in New York except in special circumstances. See this link:
https://www.ny1.com/nyc/all-boroughs/politics/2021/10/22/new-york-employers-are-banned-from-testing-most-workers-for-weed
Apply for the job honestly. Complete all questionnaires, etc... honestly.... Read more »
Statue of limitations ran out but knew evidence has surface and plaintiffs want to file action against former employer, to reopen retirement pension fund
answered on Oct 17, 2021
A retirement pension fund issue appears to fall under the Employee Retirement Income Security Act of 1974, also known as "ERISA". Some of us have successfully fought on behalf of employees facing reduced severance pay. Employers sometimes allege breaks in continuous services by employees.... Read more »
We were given a letter this week to submit for weekly Covid-19 testing starting next week in we are unvaccinated. A few of us bus drivers are refusing for various reasons and concerns. We were told they would put us on unpaid leave for refusing. I read that they cannot do this if it's not in... Read more »
answered on Oct 15, 2021
It's a public safety issue like wearing seat belts although you can't see the potentially deadly nature of the virus.
If you have a strongly held religious belief from a recognized religious group or organization speak with those authorities about an exemption. If your physician... Read more »
A couple years back I worked for wal-mart. I took a week long vacation with one of my friends/coworkers to another state. We both put in for the week off and we both got it approved. When we got back I noticed my manager changed my schedule so I would be a no call no show. I worked for the company... Read more »
answered on Sep 29, 2021
While this situation sounds very unfair, it is not unlawful for your employer to change your schedule at any time for any reason, even if this results in your termination. However, I imagine you would have been entitled to unemployment benefits if you could demonstrate that you had already been... Read more »
My school district hasn’t enforced a provision on teacher advancement in terms of salary in over 25 years. A new HR director is making it a point to enforce it, and is denying salary differentials for teachers who have more than a Masters degree coming in. Furthermore HR has decided teachers... Read more »
answered on Sep 27, 2021
You should talk with an employment lawyer. It sounds like discrimination to me. If the only people it has been enforced on are two black woman that is insane.
Even though it's a department of education school and the department of Ed is accommodating teachers, my job is not taking my request seriously nor are they willing to make any accommodation for my religious practice. I was told I would be placed on unpaid leave with no regard to my request... Read more »
answered on Sep 22, 2021
Your question does not indicate what your religious accommodation request is. Whether your employer's decision to place you on an unpaid leave is unlawful depends on your accommodation request, whether your request eliminates one of the essential functions of your job, and/or causes your... Read more »
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
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 »
Face Coverings for COVID-19 Prevention Effective date: 8/27/21
Pursuant to the authority vested in the Public Health and Health Planning Council and the Commissioner of Health by Sections 201, 206, and 225 of the Public Health Law, Title 10 (Health) of the Official Compilation of Codes,... Read more »
answered on Sep 1, 2021
Not sure what your question is. The regulation/law seems clear, plain, unambiguous. It seems to speak for itself:
2.60. Face Coverings for COVID-19 Prevention
(a) As determined by the Commissioner based on COVID-19 incidence and prevalence, as well
as any other public health... Read more »
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