New York Employment Law Questions & Answers
Q: Candidate failed background check on batt charge. His lawyer is saying we still have to hire him per New York law?
Derek John Soltis' answer
You need to talk to a New York attorney familiar with New York hiring practices. Depending on the position and duties, you may not have to hire the person.
You need to talk to a New York attorney familiar with New York hiring practices. Depending on the position and duties, you may not have to hire the person.
Q: Can a company’s division payroll their employees from their main company?
V. Jonas Urba's answer
Are you their internal watchdog? Why would you care as long as your paycheck does not bounce.
Are you their internal watchdog? Why would you care as long as your paycheck does not bounce.
Q: Can I have a employment severance package reviewed free of charge?
V. Jonas Urba's answer
Initial phone consults are free. Reviewing any documents is usually a flat rate. Call or email for rates.
Initial phone consults are free. Reviewing any documents is usually a flat rate. Call or email for rates.
Q: I was wrongfully terminated from non-profit company (over 100 employees) in NY. I was a management employee.
V. Jonas Urba's answer
Are you at will? No contract? You might get back pay and then be fired again. Employers need no reason at all to fire at will employees. If you are not happy with this job find another one first before quitting this one.
Are you at will? No contract? You might get back pay and then be fired again. Employers need no reason at all to fire at will employees. If you are not happy with this job find another one first before quitting this one.
Q: My boss fired me for being in the bathroom “too long”. She says I was in the bathroom for over 20 minutes. I wasn’t
1 Answer
| Asked
in
Employment Law, Civil Rights and Employment Discrimination
for
New York
on
Answered on Feb 5, 2019
Answered on Feb 5, 2019
V. Jonas Urba's answer
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 your employer about some medical condition which might require extended bathroom time. Unless you were told that excess bathroom time could get you fired you should be able to recover unemployment, barring gross...
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 your employer about some medical condition which might require extended bathroom time. Unless you were told that excess bathroom time could get you fired you should be able to recover unemployment, barring gross...
Q: The HRA of NYC is trying to terminate me because of my past convictions can I get a temporarily injunction
John J. P. Howley's answer
It is possible (but very difficult) to obtain a temporary injunction in an employment termination case. You must present evidence that: (1) you will likely win the lawsuit; (2) that you will suffer "irreparable harm" if you are terminated; and (3) the equities are balanced in your favor. A lot will depend on the facts of your case, including whether you are a union member, whether HRA has other grounds to terminate you, etc.
The most difficult part is proving "irreparable harm." You...
It is possible (but very difficult) to obtain a temporary injunction in an employment termination case. You must present evidence that: (1) you will likely win the lawsuit; (2) that you will suffer "irreparable harm" if you are terminated; and (3) the equities are balanced in your favor. A lot will depend on the facts of your case, including whether you are a union member, whether HRA has other grounds to terminate you, etc.
The most difficult part is proving "irreparable harm." You...
Q: What restrictions are there for Employment based Green Card holder to additionally invest into Stocks or Real Estate?
1 Answer
| Asked
in
Employment Law, Real Estate Law and Immigration Law
for
New York
on
Answered on Jan 22, 2019
Answered on Jan 22, 2019
Kelli Y Allen's answer
From an immigration law standpoint, as long as you are not doing anything to earn the income, you're fine. So you can own property, invest in stocks, etc. but you can't be "working".
From an immigration law standpoint, as long as you are not doing anything to earn the income, you're fine. So you can own property, invest in stocks, etc. but you can't be "working".
Q: Can my employer press charges against me if they have webcam recordings from me at work?
V. Jonas Urba's answer
Read your employee handbook.
Bullying laws do not apply in workplaces unless you work in a school. There are no civility codes at work unless your employer has policies to prohibit such conduct. Was the "bullying" because of your age, race, national origin, gender, sexual orientation, marital status, disability, etc.... classes to which you belong as protected by Title VII of the Civil Rights Act of 1964, ADA, ADEA, FMLA, NYC Human Rights Law, NYS Human Rights Laws or other?...
Read your employee handbook.
Bullying laws do not apply in workplaces unless you work in a school. There are no civility codes at work unless your employer has policies to prohibit such conduct. Was the "bullying" because of your age, race, national origin, gender, sexual orientation, marital status, disability, etc.... classes to which you belong as protected by Title VII of the Civil Rights Act of 1964, ADA, ADEA, FMLA, NYC Human Rights Law, NYS Human Rights Laws or other?...
Q: Must a NY State Supreme Court Decision and Order include the "papers read" on the cover or somewhere in the text?
2 Answers
| Asked
in
Employment Law, Appeals / Appellate Law and Civil Litigation
for
New York
on
Answered on Jan 12, 2019
Answered on Jan 12, 2019
Q: Is it legal for a business owner to keep employee tips in New York state?
Charles Joseph's answer
While your employer can require tipped employees to pool their tips, the tip pool can never include owners or managers. A valid tip pool also should not include employees who typically don’t receive their own tips, like dishwashers.
If the owner is taking part of your tips, that is illegal, and you should contact an experienced employment attorney to discuss your options.
You can read more about the rights of tipped employees at...
While your employer can require tipped employees to pool their tips, the tip pool can never include owners or managers. A valid tip pool also should not include employees who typically don’t receive their own tips, like dishwashers.
If the owner is taking part of your tips, that is illegal, and you should contact an experienced employment attorney to discuss your options.
You can read more about the rights of tipped employees at...
Q: Employer was due to pay out a referral bonus to me. They laid me off and now refuses to pay. Is this legal?
1 Answer
| Asked
in
Employment Discrimination and Employment Law
for
New York
on
Answered on Jan 8, 2019
Answered on Jan 8, 2019
V. Jonas Urba's answer
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.
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.
Q: How many hours must an employer allow between shifts on the same work day?
Charles Joseph's answer
In general, neither federal nor New York state law mandate that workers be given any minimum amount of time off between shifts, but there may be regulations specific to your industry. For example, bus drivers, truck drivers and airline pilots must have off a certain number of hours between shifts.
This response is not legal advice, but is general information only, based upon the information stated in the question and general legal principles. It is provided for general educational...
In general, neither federal nor New York state law mandate that workers be given any minimum amount of time off between shifts, but there may be regulations specific to your industry. For example, bus drivers, truck drivers and airline pilots must have off a certain number of hours between shifts.
This response is not legal advice, but is general information only, based upon the information stated in the question and general legal principles. It is provided for general educational...
Q: I was let go from my company on Wednesday Dec 12,2018. Today Dec 14,2018 is payday for hours worked Dec 3-Dec 7,2018 .
V. Jonas Urba's answer
You might consider googling New York state department of labor unpaid wages and that search will likely produce a claim or complaint form to recover unpaid wages.
Doing that will take time. But a lawsuit would be time consuming and more expensive. Good luck.
You might consider googling New York state department of labor unpaid wages and that search will likely produce a claim or complaint form to recover unpaid wages.
Doing that will take time. But a lawsuit would be time consuming and more expensive. Good luck.
Q: Do I have a case. Will an attorney consider my case as discrimination or mediation with my Employer
1 Answer
| Asked
in
Employment Discrimination, Employment Law and Immigration Law
for
New York
on
Answered on Dec 8, 2018
Answered on Dec 8, 2018
Leonard R. Boyer's answer
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 legal basis for your to sue your employer for emotional distress. Trump administration guidelines for summoning legal and undocumented immigrants before an immigration judge to start deportation procedures will...
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 legal basis for your to sue your employer for emotional distress. Trump administration guidelines for summoning legal and undocumented immigrants before an immigration judge to start deportation procedures will...
Q: if you feel your employer is asking you to do something that puts your health and safety at risk, can you say no?
V. Jonas Urba's answer
If you need a medical accommodation that is reasonable ask for it. If your employer tells you that your request causes them an undue hardship they may have a point.
If your request causes an undue hardship for them and you can not negotiate some middle ground you may have to look for another job. Good luck.
If you need a medical accommodation that is reasonable ask for it. If your employer tells you that your request causes them an undue hardship they may have a point.
If your request causes an undue hardship for them and you can not negotiate some middle ground you may have to look for another job. Good luck.
Q: can an employer force a worker to work in a colder environment than normal without supplying proper insolated wear?
V. Jonas Urba's answer
Under New York's new paid family leave law your employer will have to pay for 50% of your sick time for 8 weeks this year if you get ill.
So providing you with proper work attire is simply smart business. They may not have to do so but it could cost them more long term.
Under New York's new paid family leave law your employer will have to pay for 50% of your sick time for 8 weeks this year if you get ill.
So providing you with proper work attire is simply smart business. They may not have to do so but it could cost them more long term.
Q: I hold the title of School Secretary (NYS). The school I was assigned to was for the position of School Secretary.
V. Jonas Urba's answer
You should ask your union that question.
Assuming you are not happy with the position change and reduced pay you should apply for other jobs immediately.
It's always better to be employed when you land another job.
Have you asked the principal whether there are skills which you could improve? We all have to learn new things constantly. Those skill enhancements may help you land another job. Good luck!
You should ask your union that question.
Assuming you are not happy with the position change and reduced pay you should apply for other jobs immediately.
It's always better to be employed when you land another job.
Have you asked the principal whether there are skills which you could improve? We all have to learn new things constantly. Those skill enhancements may help you land another job. Good luck!
Q: I filed for NYS disability and have not received a reply. My last day of umployment was 10/19/18. What are my options?
V. Jonas Urba's answer
If you were receiving unemployment benefits that meant that you were ready willing and able to work.
If you are now applying for disability benefits your medical records better support hopefully with objective not simply subjective opinions why all of a sudden you are unable to work.
Under social security law you would not qualify unless you are unable to engage in substantial gainful activity. Determining that condition often takes years at the federal level.
The main...
If you were receiving unemployment benefits that meant that you were ready willing and able to work.
If you are now applying for disability benefits your medical records better support hopefully with objective not simply subjective opinions why all of a sudden you are unable to work.
Under social security law you would not qualify unless you are unable to engage in substantial gainful activity. Determining that condition often takes years at the federal level.
The main...
Q: Is it legal in NY state for an employer to have a third party (another employee) send emails as if they were me?
V. Jonas Urba's answer
What are your damages? Who, could you prove, was responsible for sending emails that caused you to incur some type of financial loss? And that person or persons have assets assuring you that were you to recover against them on some tort or other theory they could or would pay?
Apparently something false was stated in those e-mails, that you suspect others believed, and that others believed you wrote, and you now want to clear your name, so that you can recover the damages you will prove...
What are your damages? Who, could you prove, was responsible for sending emails that caused you to incur some type of financial loss? And that person or persons have assets assuring you that were you to recover against them on some tort or other theory they could or would pay?
Apparently something false was stated in those e-mails, that you suspect others believed, and that others believed you wrote, and you now want to clear your name, so that you can recover the damages you will prove...
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