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New York Employment Discrimination Questions & Answers
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...
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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...
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1 Answer | Asked in Employment Discrimination for New York on
Q: Can a business owner of a restaurant require their servers to engage in minimum wage work responsibilities

Answering phone calls while taking tables

Charles Joseph
Charles Joseph answered on Feb 3, 2020

Restaurant employers are allowed to pay servers less than minimum wage if the servers’ wages plus their tips add up to at least the minimum wage for each hour worked. This is called a “tip credit.”

However, if a server performs non-tipped work for more than 2 hours OR more than 20% of...
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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...
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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 Employment Discrimination for New York on
Q: is it legal to have mandatory event that requires employees to work for little to no pay.

I work for a large company that had a New Years event and made it mandatory for us to attend. It was from 7:45AM - 3PM. They had us do physical labor such as lift and carry police barricades, tie balloons, and stand for long hours as crowd control. All this for a $5 envelope that they give us at... Read more »

Charles Joseph
Charles Joseph answered on Jan 28, 2020

If the mandatory event takes place outside of your normal working hours and you are non-exempt employee who is paid by the hour, your employer must pay you for that time. If you have already worked 40 hours during the normal workweek, then you must be paid time and a half for the overtime.... 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.

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...
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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...
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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 »

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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 »

Q: Is mediation the best option for a pro se plaintiff in an employment discrimination case?

How, where and when can I request to be referred to medition?

V. Jonas Urba
V. Jonas Urba answered on Dec 18, 2019

Neither employer nor employee are forced to mediate. That process is voluntary.

However, employment lawsuits in federal court get scheduled for mediation. But going to mediation when an employer believes your claim is "no pay" will do little by itself.case.

Even during mediation,...
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1 Answer | Asked in Employment Law and Employment Discrimination for New York on
Q: Can you answer a Union workers issue?

If your a union member and a position opens up and they hire an outsider before putting a union member in that position...is there grounds for going to court?

V. Jonas Urba
V. Jonas Urba answered on Dec 9, 2019

Are you asking whether such a practice might violate your union contract? For government unions, you could contact the Public Employment Relations Board in Albany. For private unions you could contact the National Labor Relations Board in NYC. Assuming you have already reached out to your union... Read more »

2 Answers | Asked in Employment Law and Employment Discrimination for New York on
Q: Hello. My husband received last warning from manager, and was told that after that he will be fired. We believe that

It's wrong, because he worked a lot of overtime that company forse him to do and a lot of time set him up. What should he do?

Michael Diederich Jr.
Michael Diederich Jr. answered on Nov 24, 2019

You do not state the reason for the warning. If it was poor performance, that is a basis for job termination.

Overtime is (presumably) a separate issue here. Is your husband an hourly or salaried employee? If properly classified as an hourly employee, then he has certain rights...
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1 Answer | Asked in Civil Litigation, Civil Rights, Education Law and Employment Discrimination for New York on
Q: If I find out that evidence was falsified in my hearing can I reopen my case that was dismissed.
Gary Kollin
Gary Kollin answered on Oct 28, 2019

A lot depends on the evidence, the perpetrator and the timing

1 Answer | Asked in Contracts, Employment Discrimination and Employment Law for New York on
Q: Contract violation between my employer and vendor. Not sure how much I involved in this. Any suggestion

Hi I work for a client A company with the vendor B as a layer of my contract before and and vendor B made a contract with me stating that upon the termination Or completion of the project with the client I shouldn’t either work as a part-time or full-time within a year.. I have been working for... Read more »

Mathew Paulose Jr.
Mathew Paulose Jr. answered on Oct 10, 2019

Greetings. We are unclear as to the details of your fact pattern. We suggest you meet with an attorney who will be able to work through your story and properly determine your exposure. According to what you wrote, you say "me or my employer" is being sued. You must find out if "you" are indeed... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: I would like to know if I have a case for a wrongful termination. After 5 years I was forced to quit from last Job

I was given 24 hours to decide and told if I did not quit they would terminate me. This was after my depression returned badly after the sudden death of my mother. I was told to take as much time as I need, and when I did justvthat, I was essentially fired,

V. Jonas Urba
V. Jonas Urba answered on Sep 3, 2019

How much time did you need and did you take?

While you were out did you keep your employer on notice regarding when you anticipated to return?

How much time did you believe you could be gone?

Were you awarded unemployment benefits? If not why not since it is difficult not to...
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2 Answers | Asked in Employment Law, Employment Discrimination and International Law for New York on
Q: How legal is it that these cameras record audio?

I work for a trucking company, we have the smart drive camera system, these cameras only record several seconds before and several seconds after an event like accident, hard brake, red light etc.. there's two cameras, one facing the front and the other facing me, they are used for security reasons... Read more »

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

Why would it not be? Is the vehicle titled in your name and are you operating it for your own private interests during these "events"?

A more interesting question might be your employer demanding your personal cell phone for examination after an "event". Do you know of any law which might...
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1 Answer | Asked in Business Law, Civil Litigation, Employment Discrimination and Employment Law for New York on
Q: What effect could cases like Arlene’s Flowers v Washington, if successful, have on employment anti discrimination laws?
Charles Joseph
Charles Joseph answered on Jul 24, 2019

Arlene’s Flowers v. State of Washington is a collection of cases. They all are based on a gay couple who tried to order flowers for their wedding. The florist refused to provide floral arrangements for a same-sex wedding because of her Christian beliefs. The couple, with the help of the ACLU,... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: Employment lawyer

I work a company in NYC for the past 15 years , requesting all my employment paper work via certified mail 3 times at the time of hire more than 6 months ago , my employer ignored all communications. Did I’m entitle to get a copy or get a response from my employer. I would like to know my rights.

V. Jonas Urba
V. Jonas Urba answered on Jun 19, 2019

If you work for the government you are entitled to request copies of your personnel file.

If you work for a private employer which is subject to New York's Labor Laws there is no right for any employee to obtain copies of their personnel file unless the employer has negotiated same in her...
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