Get free answers to your Employment Discrimination legal questions from lawyers in your area.
Need info on department of labor laws or employment laws
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... View More 
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.
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... View More
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... View More
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... View More
How, where and when can I request to be referred to medition?
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... View More
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?
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... View More
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?
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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... View 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... View More
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... View 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,
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... View More
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... View More
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... View More
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,... View 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.
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... View More
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?
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... View 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... View More
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... View 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... View More
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... View 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... View More
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... View More
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.
When I asked to see the video proof on camera, she refused to show me
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... View 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... View More
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.
I’m looking to file a lawsuit against the FDNY for the ongoing discrimination, assaults and mistreatment against people of color. The FDNY has been able to continue this behavior for over 150 years with little resistant. Due to the previous lawsuits that lasted several years I have had one time... View More
answered on Dec 19, 2018
Unfortunately, the information you’ve given in your question is not specific enough to determine whether you have grounds for a lawsuit. You should contact an experienced employment attorney in your area and discuss the particulars of your situation.
This response is not legal advice, but... View More
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