I haven't been to work since October and I keep asking my employer to give me hours. They still have me on their payroll but I'm not working or getting paid. I recently asked him could I get hours and he told me he could help me if I knew some dirt on a another employee. I work a non union... Read more »
Have you applied for unemployment benefits? If your employer has work they will probably begin scheduling you again.
If they still refuse to give you work you should honestly tell the unemployment judge what you were told and unless there is dirt on you (i.e. the employer proves gross... Read more »
The company didnt approve her being their the manager just let her do it and she does not work there she quit
All employees, managers or non-managers, exempt or non-exempt, must be paid for all services performed. Some severance agreements have provisions that a former employee will assist or perform nominal services after their severance date. Most employers do not want the liability of injuries or wage... Read 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?
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... Read more »
For legitimate, non-discriminatory reasons? What's wrong with that as long as you follow company policies and procedures and the union contract?
I worked there 2 to 3 weeks ago. The customer recently defaulted and the owner of the company i worked at contacted me to return my commission check. Do I owe the money back? The only paper I signed when working for the company was a W9, no contracts or any other paperwork was signed.
Did you earn the money which you were paid? Or were there strings attached?
Employment agreements can be verbal. None of us would know the terms and conditions under which you were hired or worked for this employer. An experienced employment lawyer can probably quickly assess the situation... Read more »
I had a non solicit at my former job that said i would not directly or indirectly encourage employees to leave for a year after I left. Now i have a new job, we're hiring, and several of them have applied. What do I need to do here?
Place your new employer on notice of these facts. Ask them if they will defend you if you are served legal process by your old employer. Your new employer may decide to wait a year before hiring more people from your old employer; you hope, since you will certainly not be involved in those hiring... Read 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?
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... Read more »
Is it legal for an employer to:
1) agree on a raise & change of employment status but put it off for months?
2) misclassify an employee that works full time for all 12 months of the year as a seasonal employee?
3) deny PTO & sick time accrual due to misclassification as... Read more »
1) Yes. The relationship is at will so, in theory, you could quit at any point for the employer not doing what was promised.
2 and 3) More information is needed on what you were doing in the position. If you are full time, you should be entitled to the same benefits as other full time... Read more »
I came here with j1 visa. My fiance is US citizen. Will I get in trouble when I apply for green card, if I use it?
Thank you
You are out of status and cannot work. If ICE catches you, then you will be deported and have at least a 3 year bar or longer before you could legally return.
Before my termination i suffered harassment, verbal abuse, discrimination and worked in a very hostile environment. I spoke up about it to Hr but nothing was ever done. I was planning on suing the company but i get panic attacks everytime i have conversations with the attorneys about what happened... Read more »
Dont' do it.
You owed a duty of loyalty to your employer while you worked there and can not now use information (employee e-mail lists) which you obtained (arguably confidential; probably trade secrets unless such information is readily available to the public or on-line) because of your... Read more »
I am 16 yrs old and I work for a Franchise my boss threatened to take 1 hour off everyone’s paycheck because we were so busy that we did not have time to fill the sauces. Although we did end up filling them, I think that the Boss cannot really take away and Hour worth of everyone’s paycheck... Read more »
No employer can make deductions from paychecks unless agreed to in advance by the employee and only for specific reasons such as taxes, insurance, garnishment,...
But he could fire everyone unless your union collective bargaining agreement prevents that. If you don't have a union it might... Read more »
My understanding is that by default you are entitled to liquidated damages on top of unpaid wages, which is equivalent to 100% unpaid wages. So basically double the amount. Or is it subjective to the Judge to award this, despite it being a Labor Law?
If it's shown to be a willful violation. Make sure you have case law to convince the court that the employer acted willfully. Most importantly, when you serve discovery requests on the employer, or depose it, confirm strong facts either thru admissions or testimony or with documents that the... Read more »
The employee in question actually never signed any NDA, but was issued one awhile back that mentioned employees could not share or discuss salary information- is this clause even enforceable?
Were you working together with the co-worker to improve terms and conditions of employment?
https://www.nlrb.gov/rights-we-protect/rights/employer-union-rights-and-obligations
Federal laws protect collective efforts regardless of position or employer. Organize!
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... Read more »
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 "you" are indeed... Read more »
I am a County Employee. As part of our collective bargaining agreement, the county requires us to attend mandatory training on our own time. My question is- can FLSA / Labor Law be negotiated away in a collective bargaining agreement?
Looks like that requires a thorough reading and analysis of your collective bargaining agreement. Most employment lawyers will probably charge for reviewing and analyzing employment contracts.
You can always present that issue to PERB the NYS Public Employment Relations Board. Generally,... Read more »
The first time I was plead down to disorderly conduct if I stayed out of trouble for a year. Will i serve jail time this time ?
Though jail is not likely, the DA's office will likely take the case more seriously than the previous one since it is not your first arrest. Nonetheless, a non-criminal disposition is still possible. Speak with your attorney and make sure he/she knows about your previous case.
We have a random drug testing policy which is fine. My issue is with the frequency of testing. I feel singled out and racially profiled. As stated I know several other employees who have been with the company 10+ years and have never been tested
That's always possible but what's the adverse employment action? Demotion, non-promotion, termination, etc.... reduction in pay, other discrimination. And what are your damages and how would you prove them?
Don't get me wrong. You could very likely be a victim of discrimination. But if you... Read more »
knocked over a flower vase full of water. She was then asked by the employee to take the two other vases to the basement. She slipped in the water which wasn't visible and walked towards the stairs. the stairs are concrete and glazed. she was holding two vases and proceeded to the stairs where she... Read more »
Contact workers compensation lawyers. Books or no books she was injured on the job. She has the right to recover work comp benefits.
I work at a collision center. I was required to back a truck out of the narrow garage door. Upon doing so the edge of the mirror clipped the door and broke. My boss wants me to pay all of the damages (over $900) and wants the money today. Am I legally responsible for breaking something at work or... Read more »
Your boss can not legally deduct the amount from your wages. Here's why: https://www.labor.ny.gov/formsdocs/wp/LS605.PDF
If you are a valued employee he will change his mind about making you pay him back. But you may have to promise him that you will never, ever do that again since you are... Read more »
I work 39 hours a week 5 days a week at a bowling alley. My employer just informed me that I don’t need to come in next Monday for work because Netflix rented out the establishment to film a movie. When I asked if I would be getting paid the owner said no. I’ve had the same shifts and same... Read more »
Unless you are covered under some contract (private or union) the employer can usually change your hours, rate of pay, benefits, etc... almost at any time and usually without advance notice to you. That is called employment "at will" which term describes the overwhelming majority of the U.S.... Read more »
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