Ask a Question

Get free answers to your Employment Discrimination legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
New York Employment Discrimination Questions & Answers
1 Answer | Asked in Employment Discrimination, Employment Law and Immigration Law for New York on
Q: Do I have a case. Will an attorney consider my case as discrimination or mediation with my Employer

I am working on EAD for City Agency since 2015. I got married in 2017 and requested employer for H1b(Cap exempt based on pending AOS), so my spouse can join me in USA on H4. Employer denied me, though, he has been applying H1b for other employees. I am separated from spouse for last 2 years and for... View More

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 8, 2018

There is probably know way to "force" your employer to help you bring your spouse to US, nor keep you as an employee. You really need to retain an experienced immigration attorney to find out your other options. H1B is not a Visa that will enable you to have what you want and there is no... View More

2 Answers | Asked in Employment Discrimination for New York on
Q: I noticed my company only hires recent graduates.

They say it's to keep costs down, but how isn't that age discrimination?

Emre Polat
PREMIUM
Emre Polat
answered on Nov 21, 2018

Are they terminating older employees? It could be age discrimination.

View More Answers

1 Answer | Asked in Employment Law, Personal Injury, Education Law and Employment Discrimination for New York on
Q: I got bit by a student. I’m afraid to enter my own classroom. My principal and union know. I went to the doctor.

I’m afraid to be near him. Every time he’s in school, some one gets hurt. Usually me.

Peter N. Munsing
Peter N. Munsing
answered on Oct 28, 2018

You have an unsafe workplace. If your union won't do anything about it I suggest you contact a member of the NYState Trial Lawyers Assn who handles employment issues. You may have to try a number. Try the National Employment Law Project: https://www.nelp.org/

As they are a Legal...
View More

3 Answers | Asked in Employment Discrimination for New York on
Q: My employer requires women to wear skirts and men to wear pants. I'm a woman who isn't comfortable wearing a skirt. Am I

still required to wear one?

Emre Polat
PREMIUM
Emre Polat
answered on Oct 19, 2018

Is it part of their uniform? What industry are you in? Food service/bar? It could be perceived as discriminatory. Further information is required. Consider a consultation for a case evaluation.

View More Answers

2 Answers | Asked in Employment Discrimination and Employment Law for New York on
Q: If you quit a job & didnt receive your pay can you sue ?

I work at an restaurant & I quit, when to go get my check the Manager said she mail it & it’s been two weeks & I still haven’t receive it

V. Jonas Urba
V. Jonas Urba
answered on Oct 2, 2018

Contact the New York State Department of Labor. They will help you. Everyone in New York is entitled to be paid for all hours worked.

View More Answers

1 Answer | Asked in Employment Law and Employment Discrimination for New York on
Q: My managers don't seem to take my concerns into account and it has led to injury and retaliation.

I have gone to my manager multiple times about issues and concerns that I have and every time I am told that they will try to work with me, I suffer from pretty severe anxiety and I have mentioned it and I am put in situations that raise my anxiety and put me and those I give services to in danger.... View More

V. Jonas Urba
V. Jonas Urba
answered on Sep 28, 2018

You need to be able to perform your job duties with or without a reasonable accommodation. If you need that you MUST request that. Ask your doctors what you need and consult an employment lawyer.

If you have a workers compensation claim it is simple to retain a contingent fee lawyer for...
View More

2 Answers | Asked in Employment Discrimination for New York on
Q: Are employers required to make accommodations for wheelchair users who have a temporary injury under the ADA?
Emre Polat
PREMIUM
Emre Polat
answered on Sep 25, 2018

Yes, to the extent it is not unduly burdensome on the employer's business.

View More Answers

1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: I was forced to resign from my former place of employment due to health reasons I applied for and was denied

Unemployment benefits at my hearing I was accused of walking off / abandoning my position due I have a case

V. Jonas Urba
V. Jonas Urba
answered on Sep 14, 2018

Appeal the decision timely. If you do not promptly immediately do so you will probably waive your right to do so.

Bring copies of every single medical record and notice to your employer of your medical condition to the hearing. You have to introduce and move all medical records into...
View More

1 Answer | Asked in Employment Law and Employment Discrimination for New York on
Q: Is there a statue of limitations on suing a former employer for wrongful termination and being denied unemployment benef
V. Jonas Urba
V. Jonas Urba
answered on Sep 14, 2018

Wrongful termination in the strict meaning of that term does not exist.

We look for discrimination. If an employer does not like an employee that is not illegal. If an employer discriminates against an employee because the employee belongs within a protected class of employees that is...
View More

1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: My boss wants me to pay $460 for a car key I lost...he wants me to sign the papers now... please its URGENTTTTT
V. Jonas Urba
V. Jonas Urba
answered on Sep 5, 2018

Any lawyer who answers your question better have reviewed your employee handbook, any contract you may have entered, wage notices required by the Wage Theft Prevention Act, pay stubs, receipts, and basically any other paperwork you may have signed or consented to. If you choose not to proceed that... View More

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for New York on
Q: Do we have a case for disability discrimination/Civil Law Service breach/retaliation? limited space, cant give more dtls

Hello - I think my husband has been discriminated because of his disability.

He is a competitive class worker laid off from CUNY after 16 years. He had to take two FMLAs in the past two years. In Feb 2018, after returning from sick leave he was told to request transfer to another campus,... View More

V. Jonas Urba
V. Jonas Urba
answered on Aug 29, 2018

I doubt that anyone will be able to answer your question.

You don't want to post details about medical issues on a public forum.

Employment law cases are fact intensive and document heavy. To really, truly get a handle on any case a lawyer needs to spend considerable time with...
View More

1 Answer | Asked in Employment Law and Employment Discrimination for New York on
Q: Looking for a lawyer to help me on similar and worst case against Sumitomo

...

Michael Diederich Jr.
Michael Diederich Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 15, 2018

If you are worried that your employer may act in a discriminatory or retaliatory fashion, it is always best to consult with an employment lawyer BEFORE the employer takes adverse action. Some employment lawyers offer free telephone consultations.

1 Answer | Asked in Contracts and Employment Discrimination for New York on
Q: When offered a promotion, can an employer change your salary even though you refused to sign your offer letter?

I received a promotion that I didn't want. The company has not provided a commission structure so I refused to sign my offer letter until I receive a comp plan. They backfilled my old position and automatically changed my salary without me accepting the new position. Is this legal? They... View More

Michael David Siegel
Michael David Siegel
answered on Aug 9, 2018

As long as you make minimum wage, and have no contract for anything else (which you don't as the unkept promises are not a contract), then the employer can do whatever he wants. You can always quit.

2 Answers | Asked in Contracts and Employment Discrimination for New York on
Q: I was wrongly accused of something I didn’t do at work.

They suspended me for today because they claim they found new evidence, from yesterday but I wasn’t in the building the whole day. Monday I have a meeting with HR which I think is to fire me. I just want to know if I have a case bc I know for a fact they don’t have proof bc I wasn’t there... View More

V. Jonas Urba
V. Jonas Urba
answered on Aug 3, 2018

Biggest mistake employees have been making recently? They discuss the ongoing investigation with someone after being told not to do so. That's insubordination. It often results in termination.

Listen, take notes, ask questions and argue at your own risk; meaning dont argue. If you did...
View More

View More Answers

2 Answers | Asked in Employment Law and Employment Discrimination for New York on
Q: Can i sue a company

Can i sue a company because i was offered a job but once the employer found out i was not spanish he said he cant hire me and he only choose my resume because my name looked spanish

Emre Polat
PREMIUM
Emre Polat
answered on Jul 19, 2018

That could be a form of discrimination. Consider a consultation for a case evaluation.

View More Answers

2 Answers | Asked in Civil Rights, Employment Discrimination and Employment Law for New York on
Q: Can I file a discrimination case against a company if a manger made a racist statement calling me Sammy Davis Jr?

I was told by a college that someone that is currently being promoted to a mangers position (my manger) made a comment stating " Oh i did not know she was Sammy Davis Jr. I am an African America woman that is married to a jew man. I am also pregnant and don't feel comfortable in my work... View More

Emre Polat
PREMIUM
Emre Polat
answered on Jul 6, 2018

That can be perceived as discriminatory. Further information is required to make an evaluation. Consider a consultation.

View More Answers

2 Answers | Asked in Employment Discrimination, Sexual Harassment and Employment Law for New York on
Q: I m a line leader at a company and was just accussed of bullying and conversing in a sexual manner. What do I do?

they told me to either step down and go back to being senior machine operator, resign, do a investigation which my manager said would be bad, they had no documentation, only and open door policy from this new manager to all production employees, my group of employees complained about the overtime,... View More

Derek John Soltis
Derek John Soltis
answered on Jun 30, 2018

It sounds like you are in a tough spot. You really need to speak with an attorney before making any choice that has a long term impact on your career.

If you were actually bullying people and talking in a sexual manner you would most likely be terminated rather than demoted. Keeping...
View More

View More Answers

1 Answer | Asked in Business Formation, Business Law and Employment Discrimination for New York on
Q: Can my business partner threaten me that, when I leave a company I have to pay him back 25% of his investments?

Hi, 

me and my partner we’ve registered c corporation about 2 months ago.

We were developing the website for 8 months, I did the whole work, created the system, had a vision and the most of ideas. He was paying for everything and did nothing. I was working for his other company... View More

Michael David Siegel
Michael David Siegel
answered on Jun 21, 2018

It depends on what ever deal you made.

1 Answer | Asked in Employment Law and Employment Discrimination for New York on
Q: Job Interview Process Legal?

June 4th I got phone message from office worker of community college in NY, asking if I wished to interview for teaching position. It was only time I was contacted by the institution. I called back later that day and spoke with different worker, who said that interviews were being conducted for... View More

V. Jonas Urba
V. Jonas Urba
answered on Jun 19, 2018

Probably legal unless it is governed by collective bargaining agreements, public education and funding laws, or some established policy akin to a rule or regulation which an applicant happens to be familiar with. Selection of employees tends to be fairly subjective, even when essential skills or... View More

1 Answer | Asked in Employment Discrimination for New York on
Q: When fingerprinted for employment in NYS .How many years they do a CBC
V. Jonas Urba
V. Jonas Urba
answered on Jun 19, 2018

I think a more important question might be the type of criminal conviction involved. I understand that you do not and should not post specific details about past criminal acts on line, anywhere, ever.

New York City job applicants are now protected by recent "ban the box"...
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.