Lawyers, Answer Questions  & Get Points Log In
New York Employment Discrimination Questions & Answers
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
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...
Read more »

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
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 »

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for New York on
Q: Do we have a case for disability discrimination/Civil Law Service breach/retaliation? limited space, cant give more dtls

Hello - I think my husband has been discriminated because of his disability.

He is a competitive class worker laid off from CUNY after 16 years. He had to take two FMLAs in the past two years. In Feb 2018, after returning from sick leave he was told to request transfer to another campus,... Read more »

V. Jonas Urba
V. Jonas Urba answered on Aug 29, 2018

I doubt that anyone will be able to answer your question.

You don't want to post details about medical issues on a public forum.

Employment law cases are fact intensive and document heavy. To really, truly get a handle on any case a lawyer needs to spend considerable time with your...
Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for New York on
Q: Looking for a lawyer to help me on similar and worst case against Sumitomo

...

Michael Diederich Jr.
Michael Diederich Jr. answered on Aug 15, 2018

If you are worried that your employer may act in a discriminatory or retaliatory fashion, it is always best to consult with an employment lawyer BEFORE the employer takes adverse action. Some employment lawyers offer free telephone consultations.

1 Answer | Asked in Contracts and Employment Discrimination for New York on
Q: When offered a promotion, can an employer change your salary even though you refused to sign your offer letter?

I received a promotion that I didn't want. The company has not provided a commission structure so I refused to sign my offer letter until I receive a comp plan. They backfilled my old position and automatically changed my salary without me accepting the new position. Is this legal? They... Read more »

Michael David Siegel
Michael David Siegel answered on Aug 9, 2018

As long as you make minimum wage, and have no contract for anything else (which you don't as the unkept promises are not a contract), then the employer can do whatever he wants. You can always quit.

2 Answers | Asked in Contracts and Employment Discrimination for New York on
Q: I was wrongly accused of something I didn’t do at work.

They suspended me for today because they claim they found new evidence, from yesterday but I wasn’t in the building the whole day. Monday I have a meeting with HR which I think is to fire me. I just want to know if I have a case bc I know for a fact they don’t have proof bc I wasn’t there... Read more »

V. Jonas Urba
V. Jonas Urba answered on Aug 3, 2018

Biggest mistake employees have been making recently? They discuss the ongoing investigation with someone after being told not to do so. That's insubordination. It often results in termination.

Listen, take notes, ask questions and argue at your own risk; meaning dont argue. If you did...
Read more »

View More Answers

2 Answers | Asked in Employment Law and Employment Discrimination for New York on
Q: Can i sue a company

Can i sue a company because i was offered a job but once the employer found out i was not spanish he said he cant hire me and he only choose my resume because my name looked spanish

Emre Polat Esq.
Emre Polat Esq. answered on Jul 19, 2018

That could be a form of discrimination. Consider a consultation for a case evaluation.

View More Answers

2 Answers | Asked in Civil Rights, Employment Discrimination and Employment Law for New York on
Q: Can I file a discrimination case against a company if a manger made a racist statement calling me Sammy Davis Jr?

I was told by a college that someone that is currently being promoted to a mangers position (my manger) made a comment stating " Oh i did not know she was Sammy Davis Jr. I am an African America woman that is married to a jew man. I am also pregnant and don't feel comfortable in my work... Read more »

Emre Polat Esq.
Emre Polat Esq. answered on Jul 6, 2018

That can be perceived as discriminatory. Further information is required to make an evaluation. Consider a consultation.

View More Answers

2 Answers | Asked in Employment Discrimination, Sexual Harassment and Employment Law for New York on
Q: I m a line leader at a company and was just accussed of bullying and conversing in a sexual manner. What do I do?

they told me to either step down and go back to being senior machine operator, resign, do a investigation which my manager said would be bad, they had no documentation, only and open door policy from this new manager to all production employees, my group of employees complained about the overtime,... Read more »

Derek John Soltis
Derek John Soltis answered on Jun 30, 2018

It sounds like you are in a tough spot. You really need to speak with an attorney before making any choice that has a long term impact on your career.

If you were actually bullying people and talking in a sexual manner you would most likely be terminated rather than demoted. Keeping...
Read more »

View More Answers

1 Answer | Asked in Business Formation, Business Law and Employment Discrimination for New York on
Q: Can my business partner threaten me that, when I leave a company I have to pay him back 25% of his investments?

Hi, 

me and my partner we’ve registered c corporation about 2 months ago.

We were developing the website for 8 months, I did the whole work, created the system, had a vision and the most of ideas. He was paying for everything and did nothing. I was working for his other company... Read more »

Michael David Siegel
Michael David Siegel answered on Jun 21, 2018

It depends on what ever deal you made.

1 Answer | Asked in Employment Law and Employment Discrimination for New York on
Q: Job Interview Process Legal?

June 4th I got phone message from office worker of community college in NY, asking if I wished to interview for teaching position. It was only time I was contacted by the institution. I called back later that day and spoke with different worker, who said that interviews were being conducted for... Read more »

V. Jonas Urba
V. Jonas Urba answered on Jun 19, 2018

Probably legal unless it is governed by collective bargaining agreements, public education and funding laws, or some established policy akin to a rule or regulation which an applicant happens to be familiar with. Selection of employees tends to be fairly subjective, even when essential skills or... Read more »

1 Answer | Asked in Employment Discrimination for New York on
Q: When fingerprinted for employment in NYS .How many years they do a CBC
V. Jonas Urba
V. Jonas Urba answered on Jun 19, 2018

I think a more important question might be the type of criminal conviction involved. I understand that you do not and should not post specific details about past criminal acts on line, anywhere, ever.

New York City job applicants are now protected by recent "ban the box" legislation. Any...
Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: b. What if a manager harasses both male and female employees equally, Y does this not fall under title VII
V. Jonas Urba
V. Jonas Urba answered on Jun 15, 2018

Was the harassment "because of sex"? Being nasty or uncivil or mean to employees is not harassment. The United States Supreme Court has said that employment laws are not a civility code. An employer might be able to call employees idiots. But not retards (regarded as disabled). And they can not... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: Can an employer ask you to reveal what religious observance day you are asking for?

Asked, when requesting RELOB “are you observing one this Friday”?

Michael Diederich Jr.
Michael Diederich Jr. answered on Jun 4, 2018

If you wish to be accommodated for your religious beliefs, the employer should be informed of your desired accommodation (e.g., if you wish to observe a religious holiday).

1 Answer | Asked in Employment Discrimination for New York on
Q: Does my boss have to allow me time off for religious holidays?
Michael Diederich Jr.
Michael Diederich Jr. answered on May 18, 2018

As with many legal issues "it depends." Discrimination based upon religion is illegal. On the other hand, if, for example, all police officers or hospital staff are Christian, someone still must work on Christmas and Easter.

3 Answers | Asked in Employment Discrimination for New York on
Q: After 20+ years of work with company had heart surgery, took 12 weeks off, now demoted and threatened to be fired daily.

I can still perform my job and have only 2 years until retirement.

Was demoted while off for disability leave and it seems like the company is trying to make me fail at my job or quit.

Is there a case under Americans with Disabilities Act?

V. Jonas Urba
V. Jonas Urba answered on Apr 25, 2018

You definitely need to consult with employment lawyers on that issue. Many more facts need to be discussed before you take any action. Initial phone consultations are often no charge. Good luck.

View More Answers

1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: What does being red flagged by employer mean from being fired from a high school as a custodian.

They said i can resign from employment or be red flagged from getting another state job. Where can someone find if they have been red flagged.

V. Jonas Urba
V. Jonas Urba answered on Apr 21, 2018

Your best defense is great performance evaluations. Keep copies of all your performance evaluations. They look for great performers and there is a shortage of them.

If you were disciplined related to performance that would not be good. They can share that info with other government...
Read more »

1 Answer | Asked in Employment Discrimination, Employment Law and Personal Injury for New York on
Q: I am being fired and red flagged from employment by a high school. Can i Sue?

I have been turning information over to the board member about how the building and grounds superintendent has been dumping chemical wast down to the septic tank and not properly taken care of. Also they had a 500 gallon fuel leak from the boilers that went down the drain to he leach field. Also... Read more »

V. Jonas Urba
V. Jonas Urba answered on Apr 21, 2018

What does the board member say? Why did you contact the member instead of environmental regulators?

Did you ask for an accommodation of what might be a disability? If you are very sensitive to fumes that could have been a disability.

Will anyone in human resources confirm that you...
Read more »

Q: An employee in NY state had been using a personal "trail camera" to record other personnel on company property.

The surveillance equipment was owned and installed by an hourly employee on company property and hidden out of sight with no declaration of it's presence or intention. The camera had been in use for months to secretly record any and all persons, with no consent, making use of a well trafficked... Read more »

V. Jonas Urba
V. Jonas Urba answered on Apr 20, 2018

Maybe? Are you part of management or do you own the company or the building?

A well trafficked area could be a restroom and that would certainly not be legal. We all have expectations of privacy there.

Analysis. Assuming you do not work for the government, did surveillance cause...
Read more »

2 Answers | Asked in Employment Discrimination and Employment Law for New York on
Q: My employer stripped me of some of my key benefits while on FMLA . Is there a clear case to be compensated ?

Been on FMLA since 01/25/18 . Worked with JetBlue at JFK in NY since 02/04/10 . Jetblue took away my flying benefits for over 50 days while on a FMLA and also many other employee benefits . Also I was blocked out of my employee intranet to make use of my benefits or even be able to communicate with... Read more »

Emre Polat Esq.
Emre Polat Esq. answered on Apr 10, 2018

There may be violations of the FMLA and state laws. A case evaluation may be worthwhile.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.