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".
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.
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 »
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 »
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 »
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 »
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 »
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,
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 »
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 »
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.
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...Read more »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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