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New York Employment Discrimination Questions & Answers
1 Answer | Asked in Employment Discrimination, Employment Law and Health Care Law for New York on
Q: i left my permanent job 2 weeks ago to work as a long-term temp at a hospital. Position was given to someone else.

The recruiter told me that i will be starting in two weeks. I gave my resignation letter to my boss and my last day was on January 12th. I went to the interview on 12/27/17. The recruiter called me the same day to tell me i got the position. I went to mobile health to get all the requirements to... View More

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

If you have some proof (e-mail, letter, voice mail, the receipt that you paid as requested, etc...) that at the time you left your prior job you had another job lined up you should be able to collect unemployment benefits. Apply with the NYS Department of Labor, honestly, and it sounds like you... View More

4 Answers | Asked in Employment Law, Civil Rights and Employment Discrimination for New York on
Q: Should I sue a company that wrongfully terminated me I believe due to identity discrimination against the inclusive law?

Latin Caribbean transman fired by a Caucasian female without coherent reason. Boss never gave me information about Human Resources and fought me against paying for Unemployment Insurance. In a company predominantly white/heterosexual I was often berated and degraded as a sale associate by... View More

John  Howley
John Howley
answered on Jan 25, 2018

You have described the basic outlines of a sexual harassment/wrongful termination case. The devil will be in the details. You should consult with an experienced attorney to go over, among other things, the specific comments constituting verbal harassment, the specific comments and actions that... View More

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2 Answers | Asked in Employment Discrimination and Employment Law for New York on
Q: if You have a medical condition, can your employer make you leave work ?

I have recently been diagnosed with a skin condition that causes a musty Oder. My manager and her team know it’s an issue. They sent me home today because someon complained. Is that legal? If not what can I do about it?

Emre Polat
PREMIUM
Emre Polat
answered on Jan 18, 2018

If it's a diagnosed disorder, your employer's conduct may be considered to be discrimination under the Americans with Disabilities Act (ADA) and prohibited. They are required to give you a reasonable accommodation so long as it is not an undue burden. Are they still paying you for the... View More

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1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: Do I have a racial discrimination case for the following occurrences? Due to limited characters, I must list less facts.

1. I am the only Hispanic woman at the company (employed 15 mos). There are approx 12-13 total employees.

2. All female employees are of Asian ethnicity and are allowed to wear jeans etc. everyday Mon-Fri.

But only I was verbally prohibited from wearing jeans, even on "Casual... View More

Emre Polat
PREMIUM
Emre Polat
answered on Jan 17, 2018

You may potentially have a case. Seems like the circumstances need to be discussed further. A consultation may be worthwhile.

1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: I'm working at a job where my one boss doesn't like me and wants me gone. Tried to make me signed a document that's not

It's not true, I've. Been working there for a year and a half. This boss curses and is really rude. I tried to explain the incidents and what truly occurred but they didn't want to hear it. I think they are trying to do is not pay me unemployment and fire me. What should I do?

V. Jonas Urba
V. Jonas Urba
answered on Jan 16, 2018

Never quit. Never violate company policy or rules. If they tell you to do or not do something follow orders.

Look for a new job - fast. Get one before they fire you.

No union, no government, no contract you are "at will." They can fire you for a good reason, a bad reason,...
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1 Answer | Asked in Employment Discrimination for New York on
Q: Can an attorney general in NC represent a civil defendant - here's the case:

2 employees state . Both were let go. One filed against the other and state. Attorney general gets involved as attorney and rep state. When defendant does not respond she files for him and is now representing him. Is that legal? Any references to her unprofessional - illegal behavior ?

V. Jonas Urba
V. Jonas Urba
answered on Jan 15, 2018

Why not ask a north Carolina lawyer? We are in New York. Every state has different ethics laws. Does not sound like a federal question which might apply to all states.

1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: Can I sue the CEO/Pres of the company I work for if I have him on recording insulting me for 10 minutes in a mgrs mtg?

The CEO/President of the company I work for is known for insulting people on a daily basis (employees, vendors, customers, etc) He will talk about someone's weight, race, etc without a care in the world and feels that it is ok because he is the owner and if you don't like it there's... View More

V. Jonas Urba
V. Jonas Urba
answered on Dec 27, 2017

General insults are not necessarily illegal unless the statements are directed or "targeted" at protected classes of employees. For example, taking turns calling people (one week women, the next week men, the week after minorities) lazy may not be illegal. But if a particular group or... View More

1 Answer | Asked in Employment Law and Employment Discrimination for New York on
Q: Can a nonprofit wildlife animal rehab organization turn down disabled person who wants to volunteer in the rehab center?

New York law and federal law please.

V. Jonas Urba
V. Jonas Urba
answered on Dec 20, 2017

What reason did they give?

Safety? Who made decision? Why?

Can any person perform the job duties with or without accommodation? What accommodation if any did you ask for? What was their response?

You have to tell them how you can help with or without accommodation and you...
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Q: What to do if my employer wanted me to denied the I hurted my self at work but I didn't I said the truth to the doctor

My employer is mad because I fell and didnt follow rules according to them to say I didn't hurt my self at work but instead at my home. I have recordings of one of my boss talking n saying I shouldn't have said i hurted at work. And coming to intimidate me at my home.

Peter N. Munsing
Peter N. Munsing
answered on Dec 12, 2017

You need to speak with a member of the Texas Trial Lawyers Assn who handles employment law issues. They give free conslts.

1 Answer | Asked in Employment Discrimination for New York on
Q: I signed a separation agreement and want to know my rights if I sign the release form. I was not guaranteed my job.

I knew they would of laid me off. They replaced me with P/T employee w/o benefits. Many employees have been laid off. Can someone review the release agreement before I sign it? I need to apply for unemployment now and want to make sure I am not denied if I sign the agreement? I believe it was age... View More

V. Jonas Urba
V. Jonas Urba
answered on Dec 12, 2017

You signed a separation agreement? Within the last 7 days? Did they agree to pay you for doing That?

We review agreements. And we will do so long distance. But there would be a reasonable fee for that. Please call to discuss.

If you were paid nothing to sign a separation agreement...
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1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: Can I sue if my last job did not pay me for training?

I got fired from the job because I apparently didn't sell products. I only worked there for a day and a half, but the manager says that I don't get paid since it was only training.

V. Jonas Urba
V. Jonas Urba
answered on Nov 30, 2017

Have you contacted the New York State Department of Labor to inquire? If the training was of sole benefit to your employer the DOL will likely be interested. If the training benefits you for other jobs, for your career, or in other ways then maybe not. They will probably examine position... View More

4 Answers | Asked in Employment Discrimination for New York on
Q: Can an employer cancel your medical coverage after you have been enrolled for any reason?

My wife is 8 months pregnant and her due date is, Jan 1st. She started a new job on 10/11 and she goes on leave 12/15. Her current HR told her she is only covered until 12/31 and then she will not be covered anymore. They told her she cannot enroll for new coverage until 11/2018. Is this possible?... View More

V. Jonas Urba
V. Jonas Urba
answered on Nov 28, 2017

She should have received COBRA notice from her old job to cover her until new insurance covers her.

As long as new employer treats all employees the same - for example if working 90 days is required for coverage? Most employers do not require waiting till open enrollment.

She needs...
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1 Answer | Asked in Employment Discrimination and Health Care Law for New York on
Q: While I am receiving workers comp benefits and am not working can my employer deny me health coverage?

My employer says that since I'm not working 30 hours a week, because I am out on medical leave and receiving workers comp, that I can not receive employee health benefits. Is that true?

V. Jonas Urba
V. Jonas Urba
answered on Nov 27, 2017

If you were receiving benefits before you took workers compensation leave, unless your employer is eliminating benefits for all employees, taking workers compensation leave does not change your plan like getting married, having children or losing your job would. Your employer would have to provide... View More

1 Answer | Asked in Employment Discrimination for New York on
Q: Job rights

Rescently at an in home care job,pain meds came up missing,the client stated that on the day they were missing i worked,yet she also had company that day,needless to say my boss thinks it was me,police were not called and no proof i did it,wich i didnt,my boss is now calling all of my clients and... View More

V. Jonas Urba
V. Jonas Urba
answered on Nov 17, 2017

Wow, your boss has no right to destroy your reputation. If you lose a job, clients, or money because the people your boss talks to believes what is being said about you and those comments are false you probably can sue (assuming you can recover) for slander or defamation if it's in writing.... View More

1 Answer | Asked in Employment Discrimination for New York on
Q: How far can you go back to get surveillance footage from your work?
V. Jonas Urba
V. Jonas Urba
answered on Nov 16, 2017

No surveillance system is the same. I do not believe private employers have any duty to keep surveillance for any period of time unless a litigation hold has been requested.

1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: My boss is fighting my unemployment he fired me and hes saying I quit. after the unemployment rep did her research she

found me not eligible ststing that i quit. which i didnt the same day he told me he had to lrt me go is the same day he deleted me in the system hes trlling them that i never showed up after our talk

V. Jonas Urba
V. Jonas Urba
answered on Nov 15, 2017

Have you asked for a hearing? Do so and do it timely.

If you tell the truth you should get benefits. Remember that the correct way to fire someone is in person and with a witness.

Also, most firings occur toward the end of the week and at the end of the day.

If the firing...
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2 Answers | Asked in Employment Discrimination for New York on
Q: Gender discrimination.. unequal pay. have 2 position titles.. also took on duties of a guy recently promoted

12 years on the job..only female. have gotten title promotions with no pay. and each title stuck with me through each promotion. (bc they never hired anyone for the job i was promoted from. so i became the admin asst. project coordinator.. televideo specialist and now editor has been added to my... View More

V. Jonas Urba
V. Jonas Urba
answered on Nov 2, 2017

Are you more qualified and more experienced than the guy recently promoted?

Are you more qualified and more experienced than other males who have been promoted?

Have you applied or tried to get promoted and less qualified males took those spots?

If yes, call lawyers like us...
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1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: If a manager creates an unequal metric for demotion, does it constitute discrimination? Why or why not?

Employees A,B,C,D,E are Team Leads for the same department/company. They spend half their time individually making products and half on leadership tasks. Employee A is recognized and asked to help another department with leadership. His management agrees and reduces his time spent making products... View More

James Francis Barna
James Francis Barna
answered on Oct 30, 2017

Regrettably, what you describe is unfairness, and a business using evaluation criteria that are not aligned with employee and company goals.

To be discrimination with regard to the the employment laws the evaluation metric would need to disadvantage a category of employees based, for...
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1 Answer | Asked in Employment Law and Employment Discrimination for New York on
Q: This morning I got fired from work due to the assumption of taking marijuana plants from an adjacent property to work.

There is no cameras or proof of any actions. Do I have a case?

James Francis Barna
James Francis Barna
answered on Oct 21, 2017

You don't have any sort of wrongful termination action against your employer. The courts have no tolerance for marijuana at work. If you have proof that you did not take marijuana to work, submit it to your employer and you may get your job back. Otherwise, more information would be needed... View More

1 Answer | Asked in Employment Discrimination for New York on
Q: I would like a lawyer to write me a discrimination letter against Haitians at work.

I work in a residence and the assistant at manager and direct is always discriminating against the Haitian employees. Two Haitian staff resigned because they were being discriminated against and I'm currently suspended from work and there will be an investigation soon

V. Jonas Urba
V. Jonas Urba
answered on Oct 15, 2017

Have you considered filing your employment discrimination complaint with:

1) New York City Commission on Human Rights if you work in New York City - bronx brooklyn queens staten island or manhattan.

or (1 or 2 Not 1 and 2)

2) New York State Division of Human Rights?...
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