Get free answers to your Employment Law legal questions from lawyers in your area.
I recently submitted my official college transcript and a photo of my degrees to the HR department of my new employer to comply with the onboarding process. However, the HR representative's request had peculiar wording, asking for "her degree" and "her transcripts," which... View More 
answered on Jun 10, 2025
The experienced local employment law attorneys here should have first chance at your question, but you posted a week ago and you straddle a number of categories. From a practical standpoint, the job application process today is not what it used to be (which everyone knows). Resumes are reviewed by... View More
I work for a non-profit organization in NYC, where employees are given new contracts annually. I am currently pregnant and due in June, and notified my employer about my pregnancy back in January. Recently, I was offered a new contract for the upcoming year with a significant compensation decrease... View More
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answered on May 29, 2025
To answer this question properly, a lot more information is needed. One question I would have is whether other employees similarly situated were presented with reduced compensation packages. It is one thing to suspect you are being penalized with a salary reduction due to your pregnancy and another... View More
I was laid off last Friday, and HR told me it was due to a reduction in workforce. However, I had informed my manager verbally about my pregnancy two days before the layoff, though I did not formally notify HR. My termination letter did not state a reason for my layoff. I'm the only person... View More
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answered on May 23, 2025
You should speak with an attorney immediately about this situation. The excuse provided for your layoff sounds pretextual coming on the heals of your having informed your manager about your pregnancy. It is also significant that your employer brought in a junior designer not long before they... View More
I had an old teacher who was made to sign a No Contact Order by our school between him and his students before he resigned, as the school planned to fire him. He was told he wasn't allowed to contact students even after they turn 18, and if any students contacted him, he couldn't respond.... View More
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answered on May 20, 2025
This is an important and sensitive question. Understanding whether a no contact order issued by a school remains enforceable after a student turns 18 requires distinguishing between a school policy and a court-issued order.
In New York, a "no contact order" issued by a school is... View More
I have been exchanging jokes of a sexual nature with a coworker for about three years. I'm gay and she's straight, and we've always had a mutual understanding without any prior complaints to HR. Recently, a new coworker overheard a comment I made and reported it to HR as sexual... View More
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answered on May 18, 2025
I understand how stressful this situation can be. Workplace misunderstandings and complaints, especially those involving allegations of sexual harassment, can have serious consequences. In New York, sexual harassment is defined as unwelcome conduct of a sexual nature that creates a hostile or... View More
I have been joking with a coworker in a sexual nature for about 3 years. I'm gay and she's straight. Recently, a new coworker reported a comment I made to HR as sexual harassment, even though my longtime coworker and I have had similar exchanges without issue. There was a previous minor... View More
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answered on May 16, 2025
Mr. Giordano is right. None of us knows what others find offensive. That co-worker may have reported offensiveness based on several grounds not excluding religion. You say a "new co-worker" which might help you. Petty slights or stray remarks are not actionable but New York State's... View More
I have been joking with a coworker in a sexual nature for about 3 years. I'm gay and she's straight. Recently, a new coworker reported a comment I made to HR as sexual harassment, even though my longtime coworker and I have had similar exchanges without issue. There was a previous minor... View More
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answered on May 16, 2025
It would be wise to refrain from such further banter. Once your employer is on notice of what might be considered a "hostile environment" or unwanted discussion or behavior of a sexual nature, even if intended in the most innocent manner and not unwelcome by other colleagues, the employer... View More
I have been joking with a coworker in a sexual nature for about 3 years. I'm gay and she's straight. Recently, a new coworker reported a comment I made to HR as sexual harassment, even though my longtime coworker and I have had similar exchanges without issue. There was a previous minor... View More
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answered on May 18, 2025
I understand that being reported for sexual harassment after years of joking with a coworker can be confusing and stressful, especially when the interactions were previously mutual and welcome. In New York, sexual harassment is defined as unwelcome conduct of a sexual nature that creates a hostile... View More
After an ex-employee resigned a couple of weeks ago, I discovered they were stealing from our hotel by using a different company's credit card to pay for guests' rooms while taking cash from those guests without anyone's knowledge. This was discovered through the ex-employee's... View More
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answered on May 13, 2025
You need to privately consult with an attorney about this. If you did not facilitate, conspire with or otherwise aid and abet the employee, you would not be criminally most importantly. Regarding your employment status and what you may be subject to given these criminal acts of your subordinate,... View More
I am a teacher in New York planning to take a 12-week FMLA leave. My school policy states that seniority is accrued during unpaid FMLA leave, but I've read that New York state law says seniority does not need to be accrued during unpaid leaves. Nine weeks of my leave will be paid using sick... View More
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answered on May 13, 2025
Under both federal and New York laws, employers generally are not required to provide seniority accrual while you are on FMLA. If an employer does so beyond the law is a separate matter and quite possible, as you seem to suggest. You always need to discuss your specific case and legal needs with an... View More
I am currently on employer-approved long-term disability (LTD) while holding a valid H-1B status extended until 2028. I plan to undergo medically necessary surgery in the EU with a recovery period of 6–7 months. My employer's policy supports my long-term medical leave, and I have maintained... View More
answered on May 18, 2025
Medical leave is allowed under H-1B regulations. You are very well documented and you have your employer's support. You will probably have 2 challenges;
1- With CBP at the port of entry: CBP may question our extended absence from the US. You seem to have adequate documentation to... View More
I was taken out of work by my neurologist on March 19th due to illness, and a request was submitted for disability paperwork. My doctors provided the information, which my employer insisted on submitting on my behalf. They submitted it on March 28th, after calling me and terminating my employment,... View More
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answered on Apr 18, 2025
It depends on more detailed facts. You state "in your state" which implies that you may have performed work in a state outside New York. We are licensed in New York and each state has unique labor laws which are at least to federal standards and most go beyond federal law coverage. There... View More
I filed an amended complaint in an employment discrimination civil case. The respondent requested an extension until March 3, 2025, to answer, but the judge never granted the order according to the docket. As of March 26, 2025, I haven't received a response. The court is the US District Court... View More
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answered on Mar 27, 2025
Have you been able to contact the opposing party? I know the litigation is adversarial, but a courtesy call to see what's going on may save you a lot of time and unnecessary stress. You can always file for a default (if the procedural facts so dictate), the question is whether the default... View More
I filed an amended complaint in an employment discrimination civil case. The respondent requested an extension until March 3, 2025, to answer, but the judge never granted the order according to the docket. As of March 26, 2025, I haven't received a response. The court is the US District Court... View More
answered on Mar 27, 2025
You need to first check the Judge's Rules. Then, if there is nothing governing this issue, submit a simple motion to enter a judgment upon default, stating the facts you recite in your question, and submit a proposed default Order and Judgment.
I am a charge RN facing potential disciplinary action, possibly including firing or impacting my license, due to a recent incident of failure to rescue, where a patient went into cardiac arrest. The situation was exacerbated by chronic short staffing, lack of senior staff, and equipment... View More
answered on Mar 12, 2025
I'm sorry you are in this predicament. You post under "Employment" and "Health Care," and it would be best for the experienced employment law attorneys here to advise you. But your post remains open for a week, and time could be of the essence in proactively bracing for... View More
I was assaulted in my dorm on my college campus in New York about six months ago. I wasn't ready to report it immediately, but I did write about the incident in my diary and told a few people, including a counselor who facilitated a room change. I've attended counseling sessions since... View More
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answered on Mar 12, 2025
I’m sorry to hear about the assault you experienced. In New York, you still have legal options to pursue a case, even though six months have passed since the incident. However, the legal process can be complex, and there are a few things you should consider moving forward.
First, it’s... View More
I was assaulted in my dorm on my college campus in New York about six months ago. I wasn't ready to report it immediately, but I did write about the incident in my diary and told a few people, including a counselor who facilitated a room change. I've attended counseling sessions since... View More
answered on Mar 12, 2025
So sorry to hear what happened to you. As it relates to pursuing a civil lawsuit against the individual who assaulted you, the statute of limitations in New York is one (1) year from the date of the incident. If you can demonstrate that the school had notice of the assailant's vicious... View More
My son has been working as a receptionist for a nursing home for about eight months and is classified as a 1099 independent contractor. He punches in and out using a time clock, is given a work schedule, and is told when to take breaks. His employment is per diem, and he does not receive any health... View More
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answered on Mar 7, 2025
Misclassification of employees as independent contractors is a serious problem because it deprives workers of important employment rights and benefits like minimum wage, overtime pay, unemployment insurance, workers' compensation, and retirement plans.
An independent contractor... View More
I worked at Company A, which was acquired by Company B. Post-acquisition, Company B terminated my employment. My separation agreement with Company B states I cannot make damaging or false remarks about the company or related parties, though I can respond to legal inquiries. Company A's former... View More
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answered on Mar 4, 2025
I would certainly speak with an employment lawyer, if you cannot avoid rendering the statement. If in fact, you are under a contractual obligation to not divorce, confidential information and you end up doing so then you might be in violation of such obligations and subject to whatever penalties... View More
I was recently let go from my job after working for over a year and a half due to breaking a company policy, despite having a good track record. Another employee who broke the same policy received only a warning. No reason was given for the different treatment, and I have not raised this with HR. I... View More
answered on Mar 4, 2025
If there is evidence indicating that the disparate enforcement of company policy was motivated by illegal bias, you may have a case for wrongful termination based on discrimination against your former employer. Be sure to act in a timely manner as such claims are subject to strict time limitations.
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