New York Employment Law Questions & Answers
Q: Can an employer make you sign an agreement that you won’t quit before x number of years? Is it legally binding?
Derek John Soltis' answer
No, it is not legally enforceable. If you want to discuss why someone would ask you to sign that talk with an attorney.
No, it is not legally enforceable. If you want to discuss why someone would ask you to sign that talk with an attorney.
Q: I have a non-compete signed stating I can't work for any entity or business that competes with the Business, what's that
Emre Polat Esq.'s answer
It depends of factors related to what type of business you are in and a review of the non-compete itself.
It depends of factors related to what type of business you are in and a review of the non-compete itself.
Q: Can I not ask back an hourly employee for next year?
1 Answer
| Asked
in
Employment Law and Employment Discrimination
for
New York
on
Answered on Mar 18, 2019
Answered on Mar 18, 2019
V. Jonas Urba's answer
Employment at will is the law unless:
An employer violates a union contract or a private employment contract or an employee has vested civil service rights (the employee works for the government or might be funded with government funds).
If you receive government monies you definitely should retain or consult an employment lawyer.
Have any contracts which may apply reviewed before firing anyone. Consult legal regardless before making termination decisions to be safe.
Employment at will is the law unless:
An employer violates a union contract or a private employment contract or an employee has vested civil service rights (the employee works for the government or might be funded with government funds).
If you receive government monies you definitely should retain or consult an employment lawyer.
Have any contracts which may apply reviewed before firing anyone. Consult legal regardless before making termination decisions to be safe.
Q: Destruction of Property- subcontractors
1 Answer
| Asked
in
Criminal Law, Employment Law, Products Liability and Business Law
for
New York
on
Answered on Mar 8, 2019
Answered on Mar 8, 2019
V. Jonas Urba's answer
How do you know the sub was a non-employee. You can always contact the Department of Labor. That may not help you much but only the DOL can decide who is or who is not an employee. Even if everyone wanted to agree, in writing, that the unlicensed was independent. What both parties think is beside the point. The fact that you think they should have been licensed indicates that they probably did not have their own business nor other customers, probably did not decide how, how much, or when they...
How do you know the sub was a non-employee. You can always contact the Department of Labor. That may not help you much but only the DOL can decide who is or who is not an employee. Even if everyone wanted to agree, in writing, that the unlicensed was independent. What both parties think is beside the point. The fact that you think they should have been licensed indicates that they probably did not have their own business nor other customers, probably did not decide how, how much, or when they...
Q: I am involved in a reprisal case and the ADR wants to know how much of a settlement I want how much should I ask for
V. Jonas Urba's answer
Invest several hours with employment lawyers to uncover the relevant facts. Employment cases are all about the facts. Good luck. No one can reasonably provide an answer otherwise.
Invest several hours with employment lawyers to uncover the relevant facts. Employment cases are all about the facts. Good luck. No one can reasonably provide an answer otherwise.
Q: Does a petty larceny will affect me for the rest of my life?
1 Answer
| Asked
in
Criminal Law, Employment Law and Immigration Law
for
New York
on
Answered on Feb 22, 2019
Answered on Feb 22, 2019
Kristen Epifania's answer
In New York, petit larceny is a misdemeanor that carries a sentence up to one year in jail. If convicted, you will have a semi-permanent criminal record. A petit larceny conviction will, at the very least, remain on your record for ten years, when you will then be able to apply for a sealing if you meet the eligibility requirements. Keep in mind that just because you are arrested for petit larceny, it does not mean that you will be convicted.
In New York, petit larceny is a misdemeanor that carries a sentence up to one year in jail. If convicted, you will have a semi-permanent criminal record. A petit larceny conviction will, at the very least, remain on your record for ten years, when you will then be able to apply for a sealing if you meet the eligibility requirements. Keep in mind that just because you are arrested for petit larceny, it does not mean that you will be convicted.
Q: Is it illegal for a NYC Govt agency to tell staff they will get a pay raise but then never give it to them?
1 Answer
| Asked
in
Employment Law and Gov & Administrative Law
for
New York
on
Answered on Feb 21, 2019
Answered on Feb 21, 2019
V. Jonas Urba's answer
Have you asked your union, assuming you belong to one? Your union contract protects everyone. It's called a collective agreement for a reason.
If you have no union and you continue working for the lower pay have you ratified that? Meaning agreed to it?
If you have no written, signed contract of employment, privately, and are paid above minimum wage and overtime what would your cause of action be? Consult employment lawyers to review your documents including the above issues.
Have you asked your union, assuming you belong to one? Your union contract protects everyone. It's called a collective agreement for a reason.
If you have no union and you continue working for the lower pay have you ratified that? Meaning agreed to it?
If you have no written, signed contract of employment, privately, and are paid above minimum wage and overtime what would your cause of action be? Consult employment lawyers to review your documents including the above issues.
Q: If i was convicted of a felony as far back as 2011, can an employer see that on a back ground check?
1 Answer
| Asked
in
Criminal Law, Employment Discrimination and Employment Law
for
New York
on
Answered on Feb 20, 2019
Answered on Feb 20, 2019
Kristen Epifania's answer
If your employer is in the same state where you were convicted, then a felony conviction will likely appear. If it is in a different state, there is a possibility that it may not show up.
If your employer is in the same state where you were convicted, then a felony conviction will likely appear. If it is in a different state, there is a possibility that it may not show up.
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
