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New York Employment Discrimination Questions & Answers
1 Answer | Asked in Employment Discrimination for New York on
Q: If my supervisor asked me out is that employment discrimination?
Derek John Soltis
Derek John Soltis
answered on Dec 21, 2016

If your supervisor asked you out one time, it probably does not rise to the level of sexual harassment. If he repeatedly asks you out, makes you feel uncomfortable in his approach to you, is handsy or is behaving inappropriately in general you may have a claim for sexual harassment. Talk to an... View More

1 Answer | Asked in Employment Discrimination for New York on
Q: My boss keeps flirting with me. Is this sexual harassment?
Derek John Soltis
Derek John Soltis
answered on Dec 2, 2016

Depending on how sever the flirting is, it could be sexual harassment. You have options like telling him that the flirting is making you uncomfortable and/or notifying HR. Each action you do take could have outcomes that can help or hurt your situation If you have more questions or want to go... View More

1 Answer | Asked in Employment Discrimination for New York on
Q: Can I sue for discrimination if an employer in NY declines my application because of positive drug screen?

I smoke marijuana at bed time responsibly because I have seizures (if I have a bad panic attack) and can not get marijuana prescribed. I smoke it lightly at the end of my day so I can sleep and not panic into a seizure the following day. The "high" most get, I sleep off in my sleep.... View More

Derek John Soltis
Derek John Soltis
answered on Nov 15, 2016

I am sorry to say at this time it does not sound like you have a case you would win. You can appeal the decision not to hire you, and request a reasonable accommodation based on your disability. However, you are unlikely to win a discrimination suit if they had no reason to believe that you were... View More

1 Answer | Asked in Uncategorized, Employment Discrimination, Employment Law and Libel & Slander for New York on
Q: I am a 56 yr female disable worker,who encounters malice and defamation from a person on the board of directors.

I work for Meals on Wheels and am bullied on a reg basis and have reported to proper ppl w/ no results,what can be done?

Derek John Soltis
Derek John Soltis
answered on Nov 12, 2016

I am sorry to hear about your situation. Yes, you do have recourse. It sounds like there may have been a violation of the The Age Discrimination in Employment Act of 1967 (ADEA), the American with Disabilities Act along with New York laws against discrimination. You can always file a complaint... View More

1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: I got fired from Dutch because they said I did not close out the deliveries. I worked with them for 8 months

Is there any advise you can give me on how to get my job back or start a law suit from this cause the workers get tips but they include them in the check so the tips get taxed also

Derek John Soltis
Derek John Soltis
answered on Nov 12, 2016

I am sorry to hear about your situation. If you are an at-will employee and have no contract, you can be fired for any reason in New York as long as it is not discriminatory.

You should speak to an employment attorney to go over your options if you feel you were discriminated against.

1 Answer | Asked in Employment Discrimination for New York on
Q: I have filed a discrimination claim/retaliation against my employer , during a conference with the director that

has a current claim against her, informs me that I am being moved to another location and indicates "You won't be invisible" It is recorded, my discrimination complaint stems from 2015 from a different State agency and I was demoted to this position where I am now being... View More

Derek John Soltis
Derek John Soltis
answered on Nov 12, 2016

I am sorry to hear about your situation. It sounds like there may have been additional discrimination and retaliation.

You should speak to an employment attorney to go over your options.

1 Answer | Asked in Employment Discrimination and Contracts for New York on
Q: is it disrespectful to go to human resources director about other job opportunities as a temp without telling your boss?

I was at a financial company as a temp in the customer service department. I went to the HR director for other job opportunities and they sent me to a manager in the underwriting department. That manager wanted to interview me right there so I took the chance. This happened during my work hours. I... View More

Derek John Soltis
Derek John Soltis
answered on Nov 12, 2016

I am sorry to hear about your situation. As long as you were not discriminated against for being in a protected class such as age or race, or have a contract, it does not sound like you will be able to win. Being an at-will employee you can basically be fired for any reason as long it is not... View More

1 Answer | Asked in Employment Discrimination and Civil Rights for New York on
Q: I was terminated from employment following a three month medical leave. I believe I was terminated due to disabilty

I have RA and think termination was due to preventing future medical leave and expenses. Is there recourse for this

Derek John Soltis
Derek John Soltis
answered on Nov 12, 2016

I am sorry to hear about your situation. Yes, you do have recourse. It sounds like there may have been a violation of the Family Medical Leave Act, and possibly the American with Disabilities Act along with New York laws against discrimination.

You should speak to an employment attorney...
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1 Answer | Asked in Employment Discrimination for New York on
Q: I'm an unpaid intern. Do discrimination laws apply to me?
John  Howley
John Howley
answered on Nov 1, 2016

In New York, yes. The New York Human Rights Law protects unpaid interns from discrimination based on age, race, creed, color, national origin, sexual orientation, military status, sex, disability, predisposing genetic characteristics, marital status, or domestic violence victim status.

You...
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1 Answer | Asked in Personal Injury, Civil Rights, Employment Discrimination and Libel & Slander for New York on
Q: how long after serving amended notice of claim should I wait before filing amended complaint in district court?
Peter N. Munsing
Peter N. Munsing
answered on Oct 17, 2016

Not clear where you are filing. If it's a case you need to watch your statute of limitations issues. At least get a consult with an attorney.

1 Answer | Asked in Business Law, Employment Discrimination and Employment Law for New York on
Q: My employer brought me in to sign an agreement to change my actions within 30 days.

I am a non contract employee, today I was brought into my bosses office to discuss my conduct. She stated that all of the workers and patients had been complaining about my actions but had not brought forward any documented incidents. I was forced to sign an agreement that states in 30 days I will... View More

Michael David Siegel
Michael David Siegel
answered on Oct 7, 2016

You weren't forced to sign an agreement. You did sign it. That agreement will be enforceable and govern what happens. I have not seen it, so I have no idea what you admitted to and what you gave up. No one held a gun to your head. Economic pressure is not duress sufficient to void an agreement.

1 Answer | Asked in Contracts, Employment Discrimination and Employment Law for New York on
Q: I am over 40 and my contract employment has been terminated. Need the employer provide a reason for this in writing?
Barry E. Janay
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answered on Aug 8, 2016

Depends on whether the contract says they need to...

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