Get free answers to your Employment Discrimination legal questions from lawyers in your area.
New York State Correction Law Article 23-A. I am writing my rebuttal for the employer. Employer states that NYS DHR has no jurisdiction over them citing Section 755 they are not a private employer, but from the public sector.
answered on Jun 11, 2017
You should talk to an attorney. You are asking for advice on how to write a rebuttal without giving the details or facts that are under review. It would be asking a mechanic to describe how to fix my car without him seeing it.
i WAS incarcerated and now i have mental and or other issues because of the length of time locked up also being the fact i cant find employment i want to know is there away for the state to compensate me while i try to become stable financially and educationally
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answered on Jun 6, 2017
Depends on whether you were mistreated while you were incarcerated, which is a high bar. There are all sorts of programs available to help you get back on your feet and if you have a parole officer that person can guide you.
The HQ is based in Austrlia (HR service included). My line manager and colleague kept on harasing me - playing an elephant song every morning when I come in the office. When I eventually decided to wear head phone so I cannot hear their sarcastic jokes my boss sent me 'sarcastic... View More 
answered on May 30, 2017
I am not certain that I understand your question.
If the question were "does my employer have to provide an employment reference" the answer would be no.
However you have described a work induced stress claim according to your doctor. Did you file a workers compensation... View More
I was discriminated for a mental health disability and was constantly singled out for inappropriate reasons. I was forced to be taken out of work on disability in order to return to a healthy state emotionally and mentally. I recently left the job but, still feel they should be held accountable for... View More
answered on May 20, 2017
Constructive discharge is very hard to prove. That means they forced you to leave.
Did you receive unemployment benefits? If you lose those which are usually pretty easy to get in N.Y. you may have a tough time with other claims.
Have you retained a work comp lawyer? You should call... View More
He is such a cholo, it's a really perfect and accurate description of him. In fact, this is the definition of cholo:
cho·lo - ˈCHōlō - noun a Latin American with Indian blood; a mestizo. US informal offensive a lower-class Mexican, especially in an urban area. US
a teenage... View More
answered on May 19, 2017
Yes you can get into trouble. And your employer can get sued. You can lose your job.
Even if both of you identified with one group a third person who overheard your repeated comments could feel uncomfortable report both of you and he and you both lose jobs.
If you fear for your... View More
I did not give him permission to take this action.
answered on May 15, 2017
Are you being regarded as disabled when you are not really disabled?
What damages have you suffered by being regarded as disabled when you are not disabled? Lost job, lost promotion, lost pay, damage to reputation that you can prove with money damages?
Do you suffer with a specific... View More
I work as a custodian at a high school and i have seen my boss the building and grounds empty multiple boilers with poison in them down the drains to the leach field and one outside that ran down and collected over the schools water well. They also did not do the water lead testing like they were... View More
answered on May 13, 2017
You should report this to the police and state EPA immediately. You may have a whistleblower lawsuit given the threats. An employment lawyer can help.
See: http://www.aeesq.com/business-law/employment-lawyer/
More details are necessary to provide a professional analysis of your... View More
My employer started verbally abusing me and then proceeded to threaten me by telling me one of us will have to die tonight. On my attempt to calm her down she then started hitting me with her bare hands, mainly on my face and head and started grabbing any item on her left as a weapon. When i held... View More
answered on May 10, 2017
I am sorry to hear about your situation. What you described is a crime. You should call the police. What are your plans for work going forward? How large is your office? Is there a HR department?
answered on May 9, 2017
How would you do that without an employer knowing you are doing so?
Your employer may have to comply with laws regarding minors or disabled persons and privacy. There may also be HIPAA and other laws which could be violated if someone is walking with cane, wheelchair, etc....
You... View More
im in NY
answered on May 4, 2017
Why would you do that?
Even if you do not have 15 employees New York State and its localities protect employees who work for smaller employers from the type of prima facie discrimination you describe. The type of advertisement you describe will appear discriminatory on its face even if you... View More
answered on Apr 28, 2017
Report ASAP.
The longer you wait more likely it appears not unwelcome.
If employer HR or management fails to act,
Contact employment lawyer.
180 days to file complaint with NYS DHR.
300 days to file charge with EEOC.
Remember that less than 7% of... View More
what is the significance of signing?
answered on Apr 27, 2017
I do not understand your question.
Lawyers are generally not parties to contracts. Sometimes lawyers will sign settlement agreements to confirm that they have conferred with and advised clients but lawyers do not in general guarantee compliance or guarantee representations made by another... View More
answered on Apr 7, 2017
Too many to list.
Sometimes they make jokes about older workers. Sometimes they only hire young employees or fire most or all older workers.
The one that really jumps out is when most employees over 40 who leave are replaced by younger workers.
Circumstantial evidence. That... View More
answered on Mar 16, 2017
Are you covered by the Family Medical Leave Act? The short answer is 12 workweeks in a 12 month period of work. For more info see: https://www.dol.gov/whd/fmla/
If you work in one of the city's Burroughs the NYC Human Rights Law provides more rights than federal law. The NYS Human... View More
Within 3 years all officers were let go...
answered on Mar 3, 2017
Probably not, but employment lawyers do these cases on contingency. So, there is no harm in calling one.
I have given them ample notice of my leave and have expressed my intentions to return to work.
answered on Feb 16, 2017
See: https://ag.ny.gov/labor/workers-rights-faqs
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/... View More
I forfeited the claims in my civil case based on this agreement. I have 30 days to reopen case if the agreement is not consummated. However I have read that to reopen a case after final judgment would entail "extraordinary circumstances" and that breach of contract does not rise to the... View More
answered on Feb 10, 2017
Did the judge issue an order effectuating the settlement terms? If so and the defendant violates that order, you can file a motion for contempt, and you can institute collections actions. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial... View More
I got terminated for not signing a piece of paper, granted it was an important piece of paper nonetheless, and possibly going out of work for for surgery. It was in direct violation with our Biosecurity Policies at my company. I was not a very liked person when I first got transferred out to this... View More
answered on Feb 8, 2017
If they fired you with good cause, regardless of other issues they had with you, it sounds like the termination might arguably be valid. But it depends on what document you didn't sign, and whether you were obligated to sign it as part of your legal duties or not. More details are necessary to... View More
Does that count as sexual harassment?
answered on Feb 3, 2017
It certainly may. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business... View More
My suit was filed under the New York City Human Rights Law and the Human Rights Law for the State of New York. Sua sponte, and without notice to me, the Appellate Division dismissed my appeal on completely different grounds than those upon which my appeal was based. In addition, the Appellate... View More
answered on Jan 5, 2017
I am sorry to hear about your situation. Without actually looking at all of your matter's paperwork telling you how to file an appeal may not make sense. You really need to have an attorney review your matter before filing an appeal, especially if the appeal may be rejected based on issues... View More
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