Get free answers to your Employment Discrimination legal questions from lawyers in your area.
I was accused of stealing a phone on my job on 9/11/2021.I got arrested for a felony Grand theft. When I went to count it got downgraded to mismenandor two counts(one for Petit Larceny and Criminal Possession of stolen property). I was offered a restitution to dismissal at the Arrangement and the... View More 
answered on Jan 15, 2022
Depends on who made the criminal complaint, and whether it was false and done with malice. Any lawyer you consult will need far more facts that you have provided.
I signed a noncompete that says I can’t work for 2.5 years and 15mi from the office location in Nassau county. I want to work for another group.
answered on Dec 6, 2021
About 5 years ago I conferenced with a physician who had worked for an organization for approximately 25 years. The physician was very highly compensated. This physician appeared "burned-out" and simply wanted a change of pace. The unfortunate part was that the employer had invested... View More
I received a offer from United Health Group and the preemployment process has a standard drug screening which includes marijuana. I reside in NYS. Would my offer be rescinded if the drug test comes back with positive marijuana if the employer resides outsides of NYS?
answered on Oct 31, 2021
No more Cannabis testing in New York except in special circumstances. See this link:
https://www.ny1.com/nyc/all-boroughs/politics/2021/10/22/new-york-employers-are-banned-from-testing-most-workers-for-weed
Apply for the job honestly. Complete all questionnaires, etc... honestly.... View More
Statue of limitations ran out but knew evidence has surface and plaintiffs want to file action against former employer, to reopen retirement pension fund
answered on Oct 17, 2021
A retirement pension fund issue appears to fall under the Employee Retirement Income Security Act of 1974, also known as "ERISA". Some of us have successfully fought on behalf of employees facing reduced severance pay. Employers sometimes allege breaks in continuous services by employees.... View More
We were given a letter this week to submit for weekly Covid-19 testing starting next week in we are unvaccinated. A few of us bus drivers are refusing for various reasons and concerns. We were told they would put us on unpaid leave for refusing. I read that they cannot do this if it's not in... View More
answered on Oct 15, 2021
It's a public safety issue like wearing seat belts although you can't see the potentially deadly nature of the virus.
If you have a strongly held religious belief from a recognized religious group or organization speak with those authorities about an exemption. If your physician... View More
A couple years back I worked for wal-mart. I took a week long vacation with one of my friends/coworkers to another state. We both put in for the week off and we both got it approved. When we got back I noticed my manager changed my schedule so I would be a no call no show. I worked for the company... View More
answered on Sep 29, 2021
While this situation sounds very unfair, it is not unlawful for your employer to change your schedule at any time for any reason, even if this results in your termination. However, I imagine you would have been entitled to unemployment benefits if you could demonstrate that you had already been... View More
My school district hasn’t enforced a provision on teacher advancement in terms of salary in over 25 years. A new HR director is making it a point to enforce it, and is denying salary differentials for teachers who have more than a Masters degree coming in. Furthermore HR has decided teachers... View More
answered on Sep 27, 2021
You should talk with an employment lawyer. It sounds like discrimination to me. If the only people it has been enforced on are two black woman that is insane.
Even though it's a department of education school and the department of Ed is accommodating teachers, my job is not taking my request seriously nor are they willing to make any accommodation for my religious practice. I was told I would be placed on unpaid leave with no regard to my request... View More
answered on Sep 22, 2021
Your question does not indicate what your religious accommodation request is. Whether your employer's decision to place you on an unpaid leave is unlawful depends on your accommodation request, whether your request eliminates one of the essential functions of your job, and/or causes your... View More
I'm a Healthcare provider in NYS and do not want to be vaccinated. I am being asked to resign. What are the risks/benefits for resignation verses being laid off or terminated? I understand I will not get unemployment
answered on Sep 14, 2021
The main benefit of resignation is that you will not have a termination on your record. For example, when applying for new jobs, many job applications will inquire as to whether you've ever been terminated from a previous job. By resigning in lieu of being terminated, you will avoid any... View More
Face Coverings for COVID-19 Prevention Effective date: 8/27/21
Pursuant to the authority vested in the Public Health and Health Planning Council and the Commissioner of Health by Sections 201, 206, and 225 of the Public Health Law, Title 10 (Health) of the Official Compilation of Codes,... View More
answered on Sep 1, 2021
Not sure what your question is. The regulation/law seems clear, plain, unambiguous. It seems to speak for itself:
2.60. Face Coverings for COVID-19 Prevention
(a) As determined by the Commissioner based on COVID-19 incidence and prevalence, as well
as any other public health... View More
answered on Aug 30, 2021
While it might be unlikely, you should discuss with your attorneys who actually know all the facts of your situation.
I have been suspended from my workplace for almost a month due to a security breach. My account was used to make administrative changes to our users via a vpn connection. Upon looking further into my home network I realized an unknown user has accessed my incoming connection Keylogged my system,... View More
answered on Aug 11, 2021
Your employer is not violating the law by keeping you on a leave of absence while the police investigate the security breach. Unfortunately, there is not much you can do in this situation besides wait.
I work in NYC, at will, salaried. My employer requested that I share my diploma and transcripts so that they can share them with immigration officials to help a new hire get a work visa. My employer did not indicate that the request was optional. Can they legally request that? Can they share my... View More
answered on Jul 26, 2021
The USCIS has gotten extremely obnoxious to employers for H1-b visa applications. The unrighteous restrictions placed upon lawful non-immigrant/immigrant employment visa applicants smothers the U.S. economy due to bigotry and ignorance. They used to allow 200,000 H1b visas in the 1990s, but it... View More
that they interested in you and you follow all protocol by staying in touch etc. Then they decide to tell you the position has been filled and then you find out they reposted the job. Is there any bias here because they show interest in you and they tell you they filled the position and now it is... View More
answered on Jun 22, 2021
Why not apply for the reposted position?
Many say that it is a very tight job market. An employee's choice. The candidate they selected may have accepted a better offer or failed to show for their first day of work. Human Resources thought the position was filled and here they are. Or... View More
My boss gave me a company bonus check for project commissions in my duration. Do I have to report this to Unemployment NY? The check was issued from a payroll account of the company. this isn’t severance it is a bonus owed to me from last years project completion commission percentage. They did... View More
answered on Apr 21, 2021
Yes, you should still report it as income received to unemployment for the week that you received the bonus check.
Limited duty medical assignment cost me promotion even though all my assigned tasks were completed without being effected by medical condition. Work For NYC Sanitation. Passed over for promotion due to being on limited duty assignment (no driving) even though my assigned position doesn't... View More
answered on Apr 13, 2021
You really should speak with an employment attorney. It sounds like you may have a claim.
I am 50 and I just got my EMT certification (NYS) I had an interview yesterday. They asked if I ever had any moving violations and I said never. He then asked when I started driving and I said when I was 16. That should’ve been the end of his questions but then he went on to ask me how long... View More
answered on Mar 10, 2021
You may or may not have a claim. It is illegal to hire, fire, or base any term or condition of employment on age.
Being able to prove it is another thing. See what happens and if you do not get the position, it would be best to contact an employment attorney with experience in... View More
The program is for promotional growth and advance. Higher pay and higher position. I was accepted and then taken out of the program. I have not received any disciplinary charges still and that's why they saying I was removed from the promotional opportunity.
answered on Mar 5, 2021
It is possible that this could be classified as whistleblower retaliation.
An attorney experienced in this area can help you.
Please note that this answer is not intended to provide legal
advise, merely to provide an opinion.
have salary inequity concerns at a private university in NY. i would like to request information on my peer's salary to assure indeed i am paid equitably. what are the wage transparency laws? can i legally request this information from my employer? my employer is a federal contractor
answered on Jan 26, 2021
Under New York State Laws only civil service employees have access to their own and colleagues' personnel files. Private organizations don't even have to provide access to employees' own personnel files under New York Labor Laws.
You ask a very timely and valid question. We... View More
He told me that he had to watch the budget, then gave 1 person 82 hours and another 84.
answered on Jan 19, 2021
Is your employer motivated by an improper purpose to give others overtime which you are denied? For example, race, religion, color, gender, etc... are factors used by your employer when he decides who gets overtime? He cannot deny you overtime because you are a woman (just guessing) but he could... View More
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.
