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New York Employment Discrimination Questions & Answers
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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Q: My religion says I cannot cover my face. Am I obligated to wear a face mask? I work for a mental health agency?

I work in a house with 3 individuals who reside there. I work overnight so they are sleeping in there rooms. Head nurse wants all staff to wear masks. Due to my religious believes I cannot wear one. What do I do?

V. Jonas Urba
V. Jonas Urba answered on Apr 9, 2020

I don't know. If I were a patient and you refused to wear a mask and I got sick there would probably be a big lawsuit. If you are not staying at least 6 feet away FROM EVERYONE except those you live with you are endangering other people's lives. Does your religion allow you to do that and... Read more »

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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1 Answer | Asked in Employment Discrimination for New York on
Q: Can a business owner of a restaurant require their servers to engage in minimum wage work responsibilities

Answering phone calls while taking tables

Charles Joseph
Charles Joseph answered on Feb 3, 2020

Restaurant employers are allowed to pay servers less than minimum wage if the servers’ wages plus their tips add up to at least the minimum wage for each hour worked. This is called a “tip credit.”

However, if a server performs non-tipped work for more than 2 hours OR more than 20% of...
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1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: I’m a dancer/actor. My employer wants to weigh me & my castmates (in private,individually) every 2 weeks. Is that legal?

This seems like standard procedure, but I was just curious. It was stated in the Grooming Policy they sent me. I haven’t started the job yet. I’m going to be in the ensemble of a musical on a cruise ship.

V. Jonas Urba
V. Jonas Urba answered on Jan 30, 2020

Wow. You need to watch this clip first. https://www.youtube.com/watch?v=0nCT8h8gO1g

New York lawyers are not licensed to handle matters on international waters and there may or may not be any international laws governing the practice you describe unless you can tie your employment to New...
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1 Answer | Asked in Employment Law and Employment Discrimination for New York on
Q: Okay I’m just wondering if I made a complaint on a manager for picking on me. I haven’t been scheduled
Carrie Dyer
Carrie Dyer answered on Jan 30, 2020

It is unlawful for your employer to stop scheduling you for shifts in retaliation for making a protected complaint. Not every complaint about a manager is a "protected complaint." If you complained that you believe in good faith that your manager was treating you differently or taking... Read more »

1 Answer | Asked in Employment Discrimination for New York on
Q: is it legal to have mandatory event that requires employees to work for little to no pay.

I work for a large company that had a New Years event and made it mandatory for us to attend. It was from 7:45AM - 3PM. They had us do physical labor such as lift and carry police barricades, tie balloons, and stand for long hours as crowd control. All this for a $5 envelope that they give us at... Read more »

Charles Joseph
Charles Joseph answered on Jan 28, 2020

If the mandatory event takes place outside of your normal working hours and you are non-exempt employee who is paid by the hour, your employer must pay you for that time. If you have already worked 40 hours during the normal workweek, then you must be paid time and a half for the overtime.... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: Using non-payment of incentive as evidence of hostile work environment and discrimination?

A company has different departments. Some department has incentives and some department doesn't. The incentive basically works on how much time you save. So for example: You complete a 60 minute assignment in 30 minutes. So any time you save is added to your weekly check.

Every so... Read more »

V. Jonas Urba
V. Jonas Urba answered on Jan 24, 2020

I think you need to call some employment lawyers. We would need to inquire much more about the facts which are actually motivating the changes to pay practices.

1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: the question is if you are hired for over a year and the employer is unsatisfied he can fire you “at will” but is it

Legal to “push” you out. Look for methods to get you out of your job. I have was push put but not by conventional methods

V. Jonas Urba
V. Jonas Urba answered on Jan 2, 2020

Was the pushing discriminatory? If so, how will you prove that? Employment lawyers spend many hours, months, even years proving cases that some employees erroneously believe are easy to prove.

No employment discrimination case is a slam dunk. Call many employment lawyers to discuss if there...
Read more »

1 Answer | Asked in Employment Discrimination, Employment Law and Legal Malpractice for New York on
Q: Is it legal for employers to find a way to kick out their employees or push them out so that they can leave ???-help

Need info on department of labor laws or employment laws

V. Jonas Urba
V. Jonas Urba answered on Jan 2, 2020

If you do not have a specific term of employment agreement (i.e. Jan 2020 thru Jan 2021) nor do you have a union collective bargaining agreement that protects everyone in the union nor do you work for the government then chances are pretty high that you are "at will".

Being...
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