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New York Employment Discrimination Questions & Answers
2 Answers | Asked in Employment Law and Employment Discrimination for New York on
Q: I was terminated on the day that I was supposed to start due to me refusing to go to work with COVID like symptoms.

I told them I would get tested tomorrow and they called me today and told me not to bother coming back. I believe this is extremely negligent because If I went to work and turned out to have COVID I could infect numerous amounts of people. So how can I get punished for protecting me and others. I... Read more »

V. Jonas Urba
V. Jonas Urba answered on Jul 8, 2020

Did you recently travel outside New York? Was it to a state which is out of control with COVID? You might have a claim if you did not potentially increase risks of contracting it.

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1 Answer | Asked in Employment Law, Employment Discrimination and Health Care Law for New York on
Q: Our supervisor told us when and when we cannot use the bathroom. Is this illegal?
Gary Lane
Gary Lane answered on Jul 2, 2020

Yes, that is quite illegal and should be reported.

2 Answers | Asked in Employment Discrimination, Employment Law and Immigration Law for New York on
Q: can DACA file for unemployment in NY if furloughed? Will this affect the chances of applying for a green card?
Ify Princess Ikeakanam
Ify Princess Ikeakanam answered on Jun 17, 2020

Hi, Unemployment benefits are not Public benefits if you are worried about passing the Public Charge test in the future.

**This is not legal advise. I will be happy to discuss with you in detail about your concerns.

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1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: Can I sue my employer for violating my employee rights and retaliation for my compliant?

I work with an NYC agency. I had applied for a senior position a while back and the rules/ regulations mandated my employer to prefer internal candidates. However, senior staff decided to hire an external candidate, without even considering my case (protected class?). This seriously impacted my... Read more »

Carrie Dyer
Carrie Dyer answered on Jun 3, 2020

A violation of your employer's workplace rules/policies regarding internal vs. external hiring - ALONE - does not violate the law. However, if your employer is choosing not to hire you because of your membership in a protected class (i.e., your age, race, ethnicity, gender, etc.), that... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: Is it legal for an employer to dock my pay for not meeting quota? I am a salaried social worker.
V. Jonas Urba
V. Jonas Urba answered on May 7, 2020

When a salaried employee's pay is cut without advance notice the employer violates New York's Wage Theft Prevention Act and the employer converts the salaried employee to one paid on an hourly basis who qualifies for overtime pay plus. Call an employment lawyer ASAP for additional information.

1 Answer | Asked in Employment Discrimination, Employment Law and Immigration Law for New York on
Q: Should I can cancel my unemployment weekly benefits , because it can affect getting a new 0-1 visa or a green card ?

how do I cancel my unemployment weekly benefits? Do I need to call ? Or stopping claim?

Sorry for some many questions!

Thank you

Robert Roy Klein
Robert Roy Klein answered on May 3, 2020

Unemployment is not considered under the public charge rule and has no effect on a green card.

2 Answers | Asked in Employment Discrimination, Employment Law and Immigration Law for New York on
Q: I’m here with 0-1 visa ! I applied for an unemployment weekly benefits!! And I got my first payment!

Getting the payment and apply for an unemployment can affect me getting a new working visa in the future??

Thank you

Leonard R. Boyer
Leonard R. Boyer answered on Apr 30, 2020

Yes, that could negatively affect your obtaining a work visa.

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2 Answers | Asked in Employment Law, Family Law and Employment Discrimination for New York on
Q: NY - Paid Family Leave (PFL) retaliation/discrimination to bond with my child.

I live & work in NY state. I applied for Paid Family Leave (PFL) to bond with my 4 months old. I notified to my employer on 04/20/2020 via email mentioning my leave start date (04/27) - end date (07/06) for 10 weeks. My employer did not responded to my PFL request for over one week but suddenly... Read more »

Derek John Soltis
Derek John Soltis answered on Apr 25, 2020

What you posted is really screwed up, but in the light of the Corona virus people are being fired left and right just because there is no work. I wish I could give you a road map to follow. But, no attorney can tell you what to do without a consultation. If you want specific advice talk to an... Read more »

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1 Answer | Asked in Employment Discrimination for New York on
Q: Could a settlement affect ones unemployment benifits?
V. Jonas Urba
V. Jonas Urba answered on Apr 18, 2020

In new York you might have to wait until the settlement proceeds are exhausted over time unless your settlement agreement is drafted in a manner to permit benefit payments immediately. No money for 30 days is generally what is required but paying an employment lawyer a few hundred bucks to get the... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: I work for a recycling company that is laying us off in June and currently providing us with no protections

I work for a recycle company that is currently still in operation but laying us off in June and are taking no precautions and no supplying use with masks or no sanitation items or disinfectant can I quit for good cause now and be eligible for unemployment I have many health issues along with my... Read more »

Carrie Dyer
Carrie Dyer answered on Apr 15, 2020

If you work for a company that is considered an essential business, there is no obligation on the part of your employer to cease operations, even if you feel that you are putting your health at risk. If you quit before you are laid off, you may not be eligible for unemployment benefits. Whether... Read more »

1 Answer | Asked in Employment Discrimination for New York on
Q: Do y’all help people that having problem filing unemployment?

I have tried filling out unemployment back feb 2,,2020 because that is the day I got fired from Walmart and I have worked there since of April 2, 2019

V. Jonas Urba
V. Jonas Urba answered on Apr 12, 2020

Keep trying. Tens of thousands are applying.

Office staff told me they tried every day for a week and finally got through on a Friday morning at 7:30 AM exactly when the lines opened for the day. You will know all the answers to all questions by then and should be able to beat the thousands...
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1 Answer | Asked in Employment Discrimination, Employment Law, Civil Rights and Health Care Law for New York on
Q: Can an employer require employees who return to work following a COVID-19 Diagnosis to wear a mask?

I am a Civil Service Employee in NYS, which is a represented by a Union. The Chief Administrative officer has stated that once the Dept of Health Clears an employee to return to work after a COVID-19 Infection, that the employee must wear a mask for 7 additional days. The act of being forced to... Read more »

V. Jonas Urba
V. Jonas Urba answered on Apr 1, 2020

Everyone should be wearing masks with or without a diagnosis. Medical experts recommend that.

I had an emergency need to venture out today. The people with masks are the ones we respect most because they respect us and our well being.

You should be held in high esteem and continue...
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1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for New York on
Q: If a male coworker tells a female coworker “I’ll let your attitude slide because of pregnancy hormones” is that harasmnt

Female coworker is not pregnant

Brian Greben
Brian Greben answered on Apr 1, 2020

Yes, it's harassment. But if that's the only statement at issue, it's probably not to establish a pattern of discriminatory conduct.

1 Answer | Asked in Employment Discrimination for New York on
Q: I feel as though I been discriminated against at my job where as my supervisor denied me overtime for years threatens me

Tried to terminate me on my vacation I have a case with the eeoc I can request the letter to sue but I need a lawyer to explain to me abt this

V. Jonas Urba
V. Jonas Urba answered on Apr 1, 2020

Were you discriminated against because of your race, sex, religion, national origin, marital status, disability, etc....

Being denied overtime because your supervisor does not like you is NOT illegal.

Being denied overtime because you are black, Hispanic, female or disabled MIGHT be...
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1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: Can my employer require me to wear a mask at work due to COVID I’m a veteran w/ ptsd and phobias about covering my mouth

I’ve been working there for 14 years and they suddenly are requiring us to wear a mask. I spoke to our EO who said they can’t make me but my boss is saying it’s manditory and if we don’t we have to use our time and take off from work. It’s a civil service position. Adding that only 2... Read more »

V. Jonas Urba
V. Jonas Urba answered on Mar 28, 2020

I think you have to examine the purpose for the requirement. It's to keep others, not you necessarily, safe.

Public safety almost always trumps (no pun intended) personal safety.

I guess wearing a hazmat suit might be another option but would not that be even worse? What other...
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1 Answer | Asked in Employment Discrimination for New York on
Q: My gf works in a hospital in ny state.

My gf is African american and is called the "N" word on a daily basis. Shes reported it to her boss, and HR. Today her boss told her to stop sweating the small stuff and get along with everyone. They refuse to fire any of them or take disciplinary action.

She signed some contract... Read more »

V. Jonas Urba
V. Jonas Urba answered on Mar 23, 2020

Hospital employees are in short supply today given the crisis we face. But that does not excuse discrimination.

She may have settled or resolved past claims with this employer. An employment lawyer needs to review whatever agreements she may have signed. But no agreement meaning none allows...
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1 Answer | Asked in Employment Law and Employment Discrimination for New York on
Q: Can I sue my boss for wrongful termination?

I was recently fired from a position I was in for a mere three weeks, and demoted back to our company mailroom. After having been an assistant in another department for over a year, I recently transitioned into the same position within a new department. I was trained by the assistant prior to me... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Mar 4, 2020

New York is an at-will employment state, meaning your employer can fire you for any reason or no reason at all, as long as the reason is not discriminatory. If you believe these actions were taken against you due to your sex, race, religion, or disability, then you may have a discrimination claim... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for New York on
Q: We have a diversity hire. She is insubordinate w/ abysmal attendance, and does not do her job. MGMT and HR wont fire her

HR and MGMT basically told me she is a diversity hire.. We are a Chinese company and she is a Latin American. She had 40+ incidences of vacations, personal days, call outs, and leaving work early in 2019 (Our allotment is 10 vacation days/ 9 personal). She is insubordinate - does not listen to two... Read more »

V. Jonas Urba
V. Jonas Urba answered on Feb 28, 2020

Are you the person's manager? If not then even if your own manager was not performing you would be powerless.

You owe a duty of loyalty to your employer.

If you try to dismantle their disciplinary practices it might backfire on you.

Confidentially look for another job...
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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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