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
answered on Dec 23, 2020
There is a section here on this site for that area of law. You are talking about defamation laws. Below the main categories, you'll see linked text, "Show More Categories." You'll see "Libel & Slander" near the top of the third column of categories. There's no... View More
Is there a maximum amount or percentage a lawyer can charge for title V cases against a government agency settled at the EEOC level? I was told by a friend who practices family law out of State that the fees they can charge are capped similar to what disability lawyers can charge. Another piece of... View More
answered on Dec 16, 2020
Apparently, you may be situated in a state outside of New York. I limit my active practice to New York State. Each state enacts laws regarding ethical behavior and conduct of lawyers. Many adopt the model rules but there are exceptions.
In New York State lawyers fees are determined by the... View More
answered on Nov 10, 2020
I am sorry to hear about termination. You may want to contact an employment lawyer to go over your options.
You may qualify for unemployment. If you have a mental illness, there are other programs that can help.
Medical marihuana use was divulged during interview, they still offered a position. Now they say - will not hire you unless a drug test can be passed.
answered on Oct 30, 2020
Medical marijuana and recreational marijuana are different. I can not vouch for the legitimacy or accuracy of the below link but it sounds basically correct:
https://www.cannamd.com/whats-the-difference-between-medical-recreational-marijuana/
If you do not undergo the testing then... View More
The parent company recently bought a similar company to the one I work for now and they are taking over all areas and top mgmt is being filled with their people. Many people are being fired. No communication is being shared as to how the team is being selected. It is supposed to be a merger but a... View More
answered on Oct 30, 2020
Your question deals with employee choice doctrine. If you accept money then you are bound by the non-compete terms no matter how severe or possibly illegal.
If you choose not to accept the severance pay and are being fired through no fault of your own then the non-compete itself might be... View More
https://www.allotsego.com/suny-oneonta-ras-threaten-strike/
I have not received test results and I have been working in biohazardous conditions that were not outlined in my contract. I also cannot return home yet since my father is battling a 9/11 related cancer and is extremely... View More
answered on Sep 12, 2020
An employment attorney should advise on your matter, but you await a response for a week. In addition to reaching out to an employment law attorney, you could also consider consulting with a workers' comp attorney to learn about whether the nature of your job duties might possibly be relevant... View More
My supervisor said he was sent an email stating my employer wanted to fire me for using a phone during work hours, which I have done previously for over a year. I and another employee, both women of color, were told we were acting suspicious and how they were afraid we were planning a robbery at... View More
answered on Aug 22, 2020
Maybe? Are you working in a hostile workplace? What evidence is there that black and/or Hispanic or other minority employees are being targeted? Have similar threats been made against other employees who may not be protected? Have you suffered an adverse employment action?
One threat may... View More
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