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New York Employment Discrimination Questions & Answers
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...
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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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2 Answers | Asked in Employment Discrimination and Employment Law for New York on
Q: My boss does want to pay me 12 hours overtime because she said it wasn’t approved

My boss does want to pay me 12 hours overtime because she said it wasn’t approved but regardless I worked it so isn’t she still obligated to pay me ? Also I was promoted to a manager and then demoted me in two months because she hired someone without a Real reason and then dropped my pay.

V. Jonas Urba
V. Jonas Urba answered on Dec 31, 2019

Your question is complicated. Managers usually earn a salary. But that does not always mean that they are exempt from overtime pay. On the other hand, hourly employees, are entitled to overtime pay. But that does not mean that an employer can not implement policies and procedures to follow which... Read more »

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1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: Can false write ups, pips and not giving opportunity and pay bonus used as evidence of discrimination and harassment

State of New York

I've been dealing with hostile work environment and discrimination from my supervisor, manager and human resources for almost year.

They have me on pip (one step away from a final warning) for not reaching my goal but doesn't give me enough time or... Read more »

Carrie Dyer
Carrie Dyer answered on Dec 27, 2019

In some situations, the issuance of discipline, including a performance improvement plan, can be used to support a claim of discrimination or a hostile work environment if the employer does not impose such discipline in a uniform manner, or if disciplinary action is taken in response to a complaint... Read more »

Q: Is mediation the best option for a pro se plaintiff in an employment discrimination case?

How, where and when can I request to be referred to medition?

V. Jonas Urba
V. Jonas Urba answered on Dec 18, 2019

Neither employer nor employee are forced to mediate. That process is voluntary.

However, employment lawsuits in federal court get scheduled for mediation. But going to mediation when an employer believes your claim is "no pay" will do little by itself.case.

Even during...
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1 Answer | Asked in Employment Law and Employment Discrimination for New York on
Q: Can you answer a Union workers issue?

If your a union member and a position opens up and they hire an outsider before putting a union member in that position...is there grounds for going to court?

V. Jonas Urba
V. Jonas Urba answered on Dec 9, 2019

Are you asking whether such a practice might violate your union contract? For government unions, you could contact the Public Employment Relations Board in Albany. For private unions you could contact the National Labor Relations Board in NYC. Assuming you have already reached out to your union... Read more »

2 Answers | Asked in Employment Law and Employment Discrimination for New York on
Q: Hello. My husband received last warning from manager, and was told that after that he will be fired. We believe that

It's wrong, because he worked a lot of overtime that company forse him to do and a lot of time set him up. What should he do?

Michael Diederich Jr.
Michael Diederich Jr. answered on Nov 24, 2019

You do not state the reason for the warning. If it was poor performance, that is a basis for job termination.

Overtime is (presumably) a separate issue here. Is your husband an hourly or salaried employee? If properly classified as an hourly employee, then he has certain rights...
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1 Answer | Asked in Civil Litigation, Civil Rights, Education Law and Employment Discrimination for New York on
Q: If I find out that evidence was falsified in my hearing can I reopen my case that was dismissed.
Gary Kollin
Gary Kollin answered on Oct 28, 2019

A lot depends on the evidence, the perpetrator and the timing

1 Answer | Asked in Contracts, Employment Discrimination and Employment Law for New York on
Q: Contract violation between my employer and vendor. Not sure how much I involved in this. Any suggestion

Hi I work for a client A company with the vendor B as a layer of my contract before and and vendor B made a contract with me stating that upon the termination Or completion of the project with the client I shouldn’t either work as a part-time or full-time within a year.. I have been working for... Read more »

Mathew Paulose Jr.
Mathew Paulose Jr. answered on Oct 10, 2019

Greetings. We are unclear as to the details of your fact pattern. We suggest you meet with an attorney who will be able to work through your story and properly determine your exposure. According to what you wrote, you say "me or my employer" is being sued. You must find out if... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: I would like to know if I have a case for a wrongful termination. After 5 years I was forced to quit from last Job

I was given 24 hours to decide and told if I did not quit they would terminate me. This was after my depression returned badly after the sudden death of my mother. I was told to take as much time as I need, and when I did justvthat, I was essentially fired,

V. Jonas Urba
V. Jonas Urba answered on Sep 3, 2019

How much time did you need and did you take?

While you were out did you keep your employer on notice regarding when you anticipated to return?

How much time did you believe you could be gone?

Were you awarded unemployment benefits? If not why not since it is difficult not to...
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2 Answers | Asked in Employment Law, Employment Discrimination and International Law for New York on
Q: How legal is it that these cameras record audio?

I work for a trucking company, we have the smart drive camera system, these cameras only record several seconds before and several seconds after an event like accident, hard brake, red light etc.. there's two cameras, one facing the front and the other facing me, they are used for security... Read more »

V. Jonas Urba
V. Jonas Urba answered on Aug 31, 2019

Why would it not be? Is the vehicle titled in your name and are you operating it for your own private interests during these "events"?

A more interesting question might be your employer demanding your personal cell phone for examination after an "event". Do you know of...
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1 Answer | Asked in Business Law, Civil Litigation, Employment Discrimination and Employment Law for New York on
Q: What effect could cases like Arlene’s Flowers v Washington, if successful, have on employment anti discrimination laws?
Charles Joseph
Charles Joseph answered on Jul 24, 2019

Arlene’s Flowers v. State of Washington is a collection of cases. They all are based on a gay couple who tried to order flowers for their wedding. The florist refused to provide floral arrangements for a same-sex wedding because of her Christian beliefs. The couple, with the help of the ACLU,... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: Employment lawyer

I work a company in NYC for the past 15 years , requesting all my employment paper work via certified mail 3 times at the time of hire more than 6 months ago , my employer ignored all communications. Did I’m entitle to get a copy or get a response from my employer. I would like to know my rights.

V. Jonas Urba
V. Jonas Urba answered on Jun 19, 2019

If you work for the government you are entitled to request copies of your personnel file.

If you work for a private employer which is subject to New York's Labor Laws there is no right for any employee to obtain copies of their personnel file unless the employer has negotiated same in...
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2 Answers | Asked in Employment Law and Employment Discrimination for New York on
Q: If the EEOC complaint does not have certain parties named, does that mean I cannot add them to a summons and complaint

If the EEOC complaint does not have certain parties named, does that mean I cannot add them and other claims to a summons and complaint later on?

V. Jonas Urba
V. Jonas Urba answered on Jun 13, 2019

You need to amend your Form 5 EEOC charge while it is still at the EEOC or file a new one ASAP if you have not missed the filing deadline. Adding parties regarding claims that the EEOC has jurisdiction over is not a good idea. You might miss a statute of limitations deadline and/or the Court might... Read more »

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1 Answer | Asked in Personal Injury, Workers' Compensation and Employment Discrimination for New York on
Q: Can I sue my place of employment for pain and suffering due to a fall while I was pregnant

The fall at Northwell Health Lij resulted in a life threatening situation for my daughter and I , and I underwent 2 back surgeries. I had to leave my home and move in with my parents for financial and medical reasons. It led me to file section 32 which required me to resign, however the resignation... Read more »

V. Jonas Urba
V. Jonas Urba answered on May 16, 2019

Consult with personal injury lawyers. Maybe a third party lawsuit? Constructive discharge is very difficult to prove. You were either able to perform your job duties with accommodation or were not. Did you request any type of reasonable accommodation and if it was reasonable and not an undue... Read more »

2 Answers | Asked in Employment Discrimination and Employment Law for New York on
Q: I was fired from my job 2 months ago and i believe i was discriminated against. What should I do?

About 2 months ago I was fired from my factory job. I was accused of causing harm to a coworker, which is totally false. The accuser lied about what happened and lied about having witnesses. I was fired that day and filed a grievance. I tried to get ahold of my union rep but i haven't heard a... Read more »

Charles Joseph
Charles Joseph answered on May 13, 2019

New York is an employment-at-will state, meaning your employer does not have to have a reason to fire you. You can even be terminated for a bad or unfair reason.

Termination is wrongful only if it was based on your protected status (race, gender, religion, age, etc.), but it is your burden...
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1 Answer | Asked in Employment Law and Employment Discrimination for New York on
Q: Can I not ask back an hourly employee for next year?

We run an after school program and pay our employees hourly. Their employment ends when the school year ends. We ask them if they want to come back for the following year. Can I not ask someone to come back or tell them that we do not want them back? Is it technically not firing them or am I... Read more »

V. Jonas Urba
V. Jonas Urba answered on Mar 18, 2019

Employment at will is the law unless:

An employer violates a union contract or a private employment contract or an employee has vested civil service rights (the employee works for the government or might be funded with government funds).

If you receive government monies you...
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1 Answer | Asked in Criminal Law, Employment Discrimination and Employment Law for New York on
Q: If i was convicted of a felony as far back as 2011, can an employer see that on a back ground check?
Kristen Epifania
Kristen Epifania answered on Feb 20, 2019

If your employer is in the same state where you were convicted, then a felony conviction will likely appear. If it is in a different state, there is a possibility that it may not show up.

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for New York on
Q: My boss fired me for being in the bathroom “too long”. She says I was in the bathroom for over 20 minutes. I wasn’t

When I asked to see the video proof on camera, she refused to show me

V. Jonas Urba
V. Jonas Urba answered on Feb 5, 2019

You can be fired for a good reason, bad reason or no reason at all as an "at will" employee. If you are non union, non civil service, or do not have a written contract of employment you are probably at will. Being in the bathroom is not an illegal reason to fire someone unless you told... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: Employer was due to pay out a referral bonus to me. They laid me off and now refuses to pay. Is this legal?

I bought on a friend to and was due to be paid a referral bonus after he completed his 90 days employment. On the 91st day, I was suddenly laid off and now the employer refuses to pay out the referral bonus. I was given a severance if I signed my separation paper, which explicitly states I can now... Read more »

V. Jonas Urba
V. Jonas Urba answered on Jan 8, 2019

You should pay an employment lawyer to review whatever you signed and whatever documents promise you what you think you are owed. Otherwise contact the Department of Labor.

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