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New York Employment Discrimination Questions & Answers

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 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 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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2 Answers | Asked in Employment Law and Employment Discrimination for New York on

Q: If the EEOC complaint does not have certain parties named, does that mean I cannot add them to a summons and complaint

If the EEOC complaint does not have certain parties named, does that mean I cannot add them and other claims to a summons and complaint later on?

V. Jonas Urba answered on Jun 13, 2019

You need to amend your Form 5 EEOC charge while it is still at the EEOC or file a new one ASAP if you have not missed the filing deadline. Adding parties regarding claims that the EEOC has jurisdiction over is not a good idea. You might miss a statute of limitations deadline and/or the Court might... Read more »

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1 Answer | Asked in Personal Injury, Workers' Compensation and Employment Discrimination for New York on

Q: Can I sue my place of employment for pain and suffering due to a fall while I was pregnant

The fall at Northwell Health Lij resulted in a life threatening situation for my daughter and I , and I underwent 2 back surgeries. I had to leave my home and move in with my parents for financial and medical reasons. It led me to file section 32 which required me to resign, however the resignation... Read more »

V. Jonas Urba answered on May 16, 2019

Consult with personal injury lawyers. Maybe a third party lawsuit? Constructive discharge is very difficult to prove. You were either able to perform your job duties with accommodation or were not. Did you request any type of reasonable accommodation and if it was reasonable and not an undue... Read more »

2 Answers | Asked in Employment Discrimination and Employment Law for New York on

Q: I was fired from my job 2 months ago and i believe i was discriminated against. What should I do?

About 2 months ago I was fired from my factory job. I was accused of causing harm to a coworker, which is totally false. The accuser lied about what happened and lied about having witnesses. I was fired that day and filed a grievance. I tried to get ahold of my union rep but i haven't heard a thing... Read more »

Charles Joseph answered on May 13, 2019

New York is an employment-at-will state, meaning your employer does not have to have a reason to fire you. You can even be terminated for a bad or unfair reason.

Termination is wrongful only if it was based on your protected status (race, gender, religion, age, etc.), but it is your burden...
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1 Answer | Asked in Employment Law and Employment Discrimination for New York on

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

We run an after school program and pay our employees hourly. Their employment ends when the school year ends. We ask them if they want to come back for the following year. Can I not ask someone to come back or tell them that we do not want them back? Is it technically not firing them or am I... Read more »

V. Jonas Urba answered on Mar 18, 2019

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...
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1 Answer | Asked in Criminal Law, Employment Discrimination and Employment Law for New York on

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

Kristen Epifania answered on Feb 20, 2019

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.

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for New York on

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

When I asked to see the video proof on camera, she refused to show me

V. Jonas Urba answered on Feb 5, 2019

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... Read more »

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

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

I bought on a friend to and was due to be paid a referral bonus after he completed his 90 days employment. On the 91st day, I was suddenly laid off and now the employer refuses to pay out the referral bonus. I was given a severance if I signed my separation paper, which explicitly states I can now... Read more »

V. Jonas Urba answered on Jan 8, 2019

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.

1 Answer | Asked in Civil Rights and Employment Discrimination for New York on

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

I’m looking to file a lawsuit against the FDNY for the ongoing discrimination, assaults and mistreatment against people of color. The FDNY has been able to continue this behavior for over 150 years with little resistant. Due to the previous lawsuits that lasted several years I have had one time... Read more »

Charles Joseph answered on Dec 19, 2018

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...
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1 Answer | Asked in Employment Discrimination, Employment Law and Immigration Law for New York on

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

I am working on EAD for City Agency since 2015. I got married in 2017 and requested employer for H1b(Cap exempt based on pending AOS), so my spouse can join me in USA on H4. Employer denied me, though, he has been applying H1b for other employees. I am separated from spouse for last 2 years and for... Read more »

Leonard R. Boyer answered on Dec 8, 2018

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... Read more »

2 Answers | Asked in Employment Discrimination for New York on

Q: I noticed my company only hires recent graduates.

They say it's to keep costs down, but how isn't that age discrimination?

Emre Polat Esq. answered on Nov 21, 2018

Are they terminating older employees? It could be age discrimination.

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1 Answer | Asked in Employment Law, Personal Injury, Education Law and Employment Discrimination for New York on

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.

I’m afraid to be near him. Every time he’s in school, some one gets hurt. Usually me.

Peter N. Munsing answered on Oct 28, 2018

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...
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3 Answers | Asked in Employment Discrimination for New York on

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

still required to wear one?

Emre Polat Esq. answered on Oct 19, 2018

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.

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2 Answers | Asked in Employment Discrimination and Employment Law for New York on

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

I work at an restaurant & I quit, when to go get my check the Manager said she mail it & it’s been two weeks & I still haven’t receive it

V. Jonas Urba answered on Oct 2, 2018

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.

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

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

I have gone to my manager multiple times about issues and concerns that I have and every time I am told that they will try to work with me, I suffer from pretty severe anxiety and I have mentioned it and I am put in situations that raise my anxiety and put me and those I give services to in danger.... Read more »

V. Jonas Urba answered on Sep 28, 2018

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...
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2 Answers | Asked in Employment Discrimination for New York on

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

Emre Polat Esq. answered on Sep 25, 2018

Yes, to the extent it is not unduly burdensome on the employer's business.

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

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

Unemployment benefits at my hearing I was accused of walking off / abandoning my position due I have a case

V. Jonas Urba answered on Sep 14, 2018

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...
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1 Answer | Asked in Employment Law and Employment Discrimination for New York on

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

V. Jonas Urba answered on Sep 14, 2018

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...
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1 Answer | Asked in Employment Discrimination and Employment Law for New York on

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

V. Jonas Urba answered on Sep 5, 2018

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... Read more »

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