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New York Employment Law Questions & Answers
1 Answer | Asked in Employment Law for New York on
Q: My employer wants me to give him dirt on another employee or he won't help me get more hours on the job. What can I do?

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 »

V. Jonas Urba
V. Jonas Urba answered on Dec 10, 2019

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 »

1 Answer | Asked in Business Law and Employment Law for New York on
Q: If somone quits the company and currently doesnt work for it can the manager have them come in to cover a shift?

The company didnt approve her being their the manager just let her do it and she does not work there she quit

V. Jonas Urba
V. Jonas Urba answered on Dec 9, 2019

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 »

1 Answer | Asked in Employment Law and Employment Discrimination for New York on
Q: Can you answer a Union workers issue?

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?

V. Jonas Urba
V. Jonas Urba answered on Dec 9, 2019

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 »

1 Answer | Asked in Employment Law and Education Law for New York on
Q: I am a new hire manager. My supervisor tells me (via private emails) to write up union staff. Is that legal?
V. Jonas Urba
V. Jonas Urba answered on Dec 9, 2019

For legitimate, non-discriminatory reasons? What's wrong with that as long as you follow company policies and procedures and the union contract?

1 Answer | Asked in Employment Law for New York on
Q: worked at a loan brokerage & received commission for a sale. Quit the job, customer defaulted. Do i owe $ to the firm?

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.

V. Jonas Urba
V. Jonas Urba answered on Dec 3, 2019

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...
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1 Answer | Asked in Employment Law for New York on
Q: Q about a non solicit

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?

V. Jonas Urba
V. Jonas Urba answered on Nov 30, 2019

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 »

2 Answers | Asked in Employment Law and Employment Discrimination for New York on
Q: Hello. My husband received last warning from manager, and was told that after that he will be fired. We believe that

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?

Michael Diederich Jr.
Michael Diederich Jr. answered on Nov 24, 2019

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...
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1 Answer | Asked in Employment Law for New York on
Q: I think I am being taken advantage of at work. Do I have a case? More info below.

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 »

Greg Mansell
Greg Mansell answered on Nov 6, 2019

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...
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4 Answers | Asked in Employment Law, Immigration Law and Tax Law for New York on
Q: I'm overstayed visa. Can I use my SSN to work at restaurant? But I plan to get married soon.

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

Leonard R. Boyer
Leonard R. Boyer answered on Oct 29, 2019

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.

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1 Answer | Asked in Employment Law for New York on
Q: Hello. I use to work for the printing department of a Staples store in NY. I was wrongfully terminated about a month ago

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 »

V. Jonas Urba
V. Jonas Urba answered on Oct 28, 2019

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...
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2 Answers | Asked in Employment Law for New York on
Q: Can my boss legally subtract 1 hour worth of work from my paycheck?

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 »

V. Jonas Urba
V. Jonas Urba answered on Oct 22, 2019

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 »

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1 Answer | Asked in Employment Law for New York on
Q: According to NY Labor law, are you able to sue in Civil Court for liquidated damages on top of unpaid wages owed?

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?

V. Jonas Urba
V. Jonas Urba answered on Oct 19, 2019

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 »

1 Answer | Asked in Employment Law for New York on
Q: Can a New York employer take punitive action against employer for privately sharing their salary with a coworker?

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?

V. Jonas Urba
V. Jonas Urba answered on Oct 11, 2019

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!

1 Answer | Asked in Contracts, Employment Discrimination and Employment Law for New York on
Q: Contract violation between my employer and vendor. Not sure how much I involved in this. Any suggestion

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 »

Mathew Paulose
Mathew Paulose answered on Oct 10, 2019

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 »

1 Answer | Asked in Employment Law, Gov & Administrative Law and Government Contracts for New York on
Q: Can Federal Labor law requiring employers to pay you overtime for mandatory training be waived in a Union Contract

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?

V. Jonas Urba
V. Jonas Urba answered on Oct 7, 2019

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 »

1 Answer | Asked in Criminal Law and Employment Law for New York on
Q: Hi I was a. Used of shoplifting and was given a ticket to appear. This not my first time but the first time.

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 ?

Kristen Epifania
Kristen Epifania answered on Oct 4, 2019

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.

1 Answer | Asked in Employment Law for New York on
Q: I've worked my job 2 years and have been drug tested 4times.I know people who have worked 10 years and have never tested

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

V. Jonas Urba
V. Jonas Urba answered on Sep 25, 2019

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 »

1 Answer | Asked in Employment Law and Personal Injury for New York on
Q: New York - My wife is 9 weeks pregnant. She was at work and witnessed her boss and an employee arguing. The employee

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 »

V. Jonas Urba
V. Jonas Urba answered on Sep 12, 2019

Contact workers compensation lawyers. Books or no books she was injured on the job. She has the right to recover work comp benefits.

1 Answer | Asked in Car Accidents and Employment Law for New York on
Q: Who is liable when something breaks at work? In this case, the mirror on a customer car.

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 »

V. Jonas Urba
V. Jonas Urba answered on Sep 12, 2019

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 »

1 Answer | Asked in Employment Law for New York on
Q: Does my employer have to pay me if they tell me not to come in for a shift because Netflix is filming?

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 »

V. Jonas Urba
V. Jonas Urba answered on Sep 10, 2019

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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