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New York Employment Law Questions & Answers
2 Answers | Asked in Contracts and Employment Law for New York on
Q: I signed a contract stating I must give my employer 90 day notice. What are the legal repercussions if I leave before?

My employer made me sign a contract stating I must give them 90 day notice before leaving. I find it excessive and I want to know what would I happen if I leave before. Also, that even if I give them the 90 notice but I take days off between the time I hand in my notice and my last day, I must work... Read more »

Kevin Abessi
Kevin Abessi answered on Jan 12, 2021

This sounds like a “Garden Leave Provision.”

It’s not like you can be stopped from leaving, so the question is whether it’s enforceable, and if so, what are the damages they deserve for an employee breach of that particular demand.

An attorney would probably need more...
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1 Answer | Asked in Employment Law and Workers' Compensation for New York on
Q: Question about PUA

Hello! Would one of the following be enough proof of self employment to qualify for PUA (pandemic unemployment assistance) ? : a check I received for a private lesson I taught in November 2020, check I reveived for a photo session I did in December 2020. I am a self employed actor and photographer.... Read more »

V. Jonas Urba
V. Jonas Urba answered on Jan 10, 2021

The Department of Labor determines what proof you must provide. They can request more if it's not clear.

If you are denied benefits make sure to TIMELY request an administrative hearing before an ALJ. I think all hearings are telephonic. You can then compare your claim file with any...
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1 Answer | Asked in Employment Law for New York on
Q: can i be fired if i don’t want a job that i wasn’t originally hired for?

i was hired as a cook in a kitchen and i was involved in a car accident (Not Job Related) which caused me to be out of work for six months.Upon my return to work i sent them all my doctors notes and letters with a date of return i was informed that their are no more positions in the kitchen and... Read more »

V. Jonas Urba
V. Jonas Urba answered on Dec 9, 2020

If you were "at will" they needed no reason to terminate you.

It looks like you may have been disabled. At least temporarily. The FMLA would have protected your job for at least 12 weeks. You would have completed FMLA paperwork if your employer had more than 50 employees and if...
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1 Answer | Asked in Employment Law for New York on
Q: i receive severance pay for 9 weeks. Ami eligible to receive unemployment starting week 10 or

or my eligibility is based on the amount of severance package i received divided by $504 and then i can apply? Severance is paid in lump sum

V. Jonas Urba
V. Jonas Urba answered on Nov 17, 2020

Will severance, dismissal or termination pay be made prior to 30 days after your termination or severance date? If yes, you will need to disclose this pay to the DOL and your unemployment benefits will begin after your severance pay is "exhausted" based on your earnings. An employment... Read more »

1 Answer | Asked in Employment Law for New York on
Q: Hi What legally can happen if I choose to treat my ADD and I need accommodations?

I have had ADD many years. I have a expired IEP. I have had bad years of lack of focus. I want to go back to treat it with medication. However I have seen ADD is not on the list of disabilities a company has to offer accommodations for and can not penalized you for .

V. Jonas Urba
V. Jonas Urba answered on Nov 8, 2020

Generally, if you have no employment contract, you are not union represented, nor do you work for the government, you are considered "at will." The overwhelming majority of employees across the entire United States are "at will." That means that they can be fired for a good... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: Hi, I have a no compete w/ a severance clause included. How hard/costly would be to get this voided so I can work ?

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... Read more »

V. Jonas Urba
V. Jonas Urba 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...
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1 Answer | Asked in Employment Law for New York on
Q: Rights violation

At my work I put in for paid family leave of absence and the only one I told about it was human resources. A few days after some of my fellow coworkers we’re coming up to me saying I heard you were taking a leave soon? Do I have any recourse against the company I work for being that human... Read more »

V. Jonas Urba
V. Jonas Urba answered on Oct 16, 2020

What are your damages? It's one of the first questions an employment lawyer is trying to answer when they speak with you in an initial telephone conference.

Was there an adverse employment action? You were not terminated nor were you demoted with a loss in pay or passed over for a...
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1 Answer | Asked in Employment Law and Collections for New York on
Q: how to stop an income execution befor it starts
Michael David Siegel
Michael David Siegel answered on Oct 14, 2020

It depends on how the judgment that caused the execution was derived, and whether your employer will cooperate.

1 Answer | Asked in Employment Law for New York on
Q: I live in New York State my ex employer is refusing to give me my last paycheck and less I turn T-shirts and a handbook
Tim Akpinar
Tim Akpinar answered on Sep 26, 2020

An employment attorney could advise best, but your question remains open for two weeks. Until you are able to consult with an employment attorney for meaningful guidance here, you could see whether the company policy or other guidelines address the return of these items. As a PRACTICAL matter if it... Read more »

1 Answer | Asked in Employment Law for New York on
Q: Received a severance agreement from my employer. Will signing agreement impact my ability to apply for unemployment?
Charles Joseph
Charles Joseph answered on Sep 25, 2020

It depends.

You are not eligible to receive unemployment benefits if you are receiving dismissal/severance pay at a rate that equals or exceeds the maximum weekly unemployment insurance benefit rate.

However, if your weekly severance payments are less than the maximum unemployment...
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1 Answer | Asked in Employment Law for New York on
Q: Is it legal for a company to avoid NYC minimum overtime exempt salary requirements by having an out of state address?

The company has an address in CT and rents office space in Manhattan where their NYC employees report to. Salaried employees get paid $25-$40K per year and do not get paid overtime. Employer rationale is that they are not a NYC employer because they're based in CT.

V. Jonas Urba
V. Jonas Urba answered on Sep 23, 2020

Sounds ridiculous.

Every employer who does business in New York State must comply with New York State's Labor Laws. Any employer who does business in New York City must comply with both New York State's and New York City's Labor Laws.

No full time employee earns less...
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1 Answer | Asked in Employment Law for New York on
Q: As a job seeker, can I sue an employer who posts a discriminatory job posting?

I've encountered over a dozen so far. They ask for female _____ or a black or latinx _____ directly, for example. Some just say "preference for African American".

How the hell is this legal?

Is there no legal way to stop this blatant discrimination.

If I can... Read more »

V. Jonas Urba
V. Jonas Urba answered on Sep 23, 2020

There certainly is. You copy the posting everywhere you find it. Then you apply for the position. If you meet the posted qualifications and you are not hired you have a claim.

FYI. There are professional plaintiffs out there who look for discriminatory postings around the country and...
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1 Answer | Asked in Employment Law for New York on
Q: I’m a gay male. My yearly salary is $3-6K (5-10%) less than my 2 female counterparts. Do I have a potential EPA case?

The company I work at is majority female run. My department head is female, my manager is female, and my counterparts are female. All HR personal are female. My title is the same as my female counter parts, as are my roles and responsibilities. My effort and performance is on par or better, and I... Read more »

V. Jonas Urba
V. Jonas Urba answered on Sep 22, 2020

Maybe. Your sexual orientation or identity makes no difference regarding the application of federal or state laws. You should discuss this issue with some employment lawyers in confidence. There are many different ways to approach it. Skilled employment lawyers may be able to help you.

1 Answer | Asked in Employment Law for New York on
Q: Can my employer charge me for some favors which was done voluntarily?

I have worked for a company for 2 weeks. They only paid half of my wages but they helped me with accommodation and transportation from house to work place. We did not make any contract, I did not sign anything but working hours and pay rate were written on an application. I had to leave the country... Read more »

V. Jonas Urba
V. Jonas Urba answered on Sep 17, 2020

Everyone in New York State is entitled to be paid no less than minimum wage for all labor which an employer permits an employee to suffer. However, an employer is also entitled to recover any loans or advances to which employer and employee agreed. Some lawyer will need to review all documentation,... Read more »

1 Answer | Asked in Contracts, Employment Discrimination and Employment Law for New York on
Q: Do I have legal standing to sue my SUNY school if I contract coronavirus while working as an RA?

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... Read more »

Tim Akpinar
Tim Akpinar 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... Read more »

2 Answers | Asked in Employment Law and Arbitration / Mediation Law for New York on
Q: Hey, I'm thinking filing an arbitration case with AAA. If I lose, am I obliged to pay legal bills for the employer?

I have a separation agreement, where if I disagree with the regulatory filing that my previous employer filed, which I do, I can file an arbitration case. My question is if I lose at the arbitration, can I be forced to pay the legal bill for the other party? Also when filing at American Arbitration... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 11, 2020

It would be best for an employment law attorney to advise you, but you await a response for two weeks. As a GENERAL matter with American Arbitration Association arbitrations for property & casualty insurance claims NOT INVOLVING employment matters, my experience has been that claimants are not... Read more »

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1 Answer | Asked in Employment Law for New York on
Q: My supervisor told me over text that he will begin to pay me $20 an hour. A jump from $17 an hour.

I recently just checked to see if he was consistant with that and it went back to $17. Is this something that is legal in NYC? August 19th it was was increased. Now im back to 17 without anyone telling me.

V. Jonas Urba
V. Jonas Urba answered on Sep 10, 2020

New York State's Wage Theft Prevention Act (WTPA) mandates that employers provide employees with written notices of pay rates and changes.

Contact the New York State Department of Labor regarding failure to provide notices. They should investigate that issue. Penalties might be...
Read more »

1 Answer | Asked in Employment Law for New York on
Q: State said it has information detecting that my friend is currently working when he stopped. What should he do?

My friend has been working for a 4-week internship during the summer. He worked for 5 days a week, however he claimed for three days. The state is now asking him to provide information regarding my employer offering me internship, and asking which days of the week he worked for. What should he do... Read more »

V. Jonas Urba
V. Jonas Urba answered on Sep 7, 2020

The state, meaning the DOL, can detect the specific IP address where any claimant logs in to certify for benefits. The DOL also warns claimants to never disclose their login credentials to anyone else. When someone other than the claimant certifies for benefits the DOL discovers that as well. It is... Read more »

1 Answer | Asked in Employment Law for New York on
Q: I started a new job and found out everyone in department has had covid19. To protect myself I wear masks

started a new job and found out everyone in department has had covid19. To protect myself I wear surgical masks my supervisor called me to her office to tell me she's not comfortable with me wearing a mask. In my interview i was told They practice all cdc guidelines which i found out is a... Read more »

V. Jonas Urba
V. Jonas Urba answered on Sep 5, 2020

Sorry to read that.

Most of us continue to wear masks because the studies show that masks protect other people from contracting any disease which we ourselves might carry unknowingly. I myself also feel better breathing through a mask although I know that if someone near me is not wearing...
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1 Answer | Asked in Employment Law for New York on
Q: Can a job let me go because they couldn't follow the doctor restriction on my doctor's note?

They let me go do to my attendance and that they couldn't follow the restriction the doctor put on my note. My attendance was only messed up due to the fact of my injury. My injury had happened at my job. I had injured my knee cap

V. Jonas Urba
V. Jonas Urba answered on Sep 1, 2020

Short response is that an employer must make reasonable accommodations for employees capable of performing the essential functions of their jobs with or without accommodation.

However if the necessary accommodation causes an undue hardship for an employer no employer has to incur same. What...
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