i was given an impromptu meeting in regards to a allegation of creating a hostile work environment...after i was suspended for five days without pay....the meeting brought forth no evidence of the allegation as no witnesses were called and more importantly my private medical issue with there very... Read more »
You should contact an experienced employment/labor attorney to go over the details of your case. From the small amount available in this public forum, it certainty sounds like you have reason to be concerned.
I work for a state government office. One day, my subordinate began loudly uttering (using profanity), derogatory remarks about another worker whom has a slight mental disability. He was threatening to "tell him off" if approached by the other employee, and was making negative comments... Read more »
I'm sorry your question remains open for two weeks. You could repost under the "Employment Law" and "Employment Discrimination" categories instead of "Uncategorized." There's no guarantee that every question here is answered. Some questions do go unanswered.... Read more »
This is not really a medical malpractice matter; it is something that an employment law attorney would probably have the strongest insight into. You could repost under the Employment Law category. There's no guarantee all posts are picked up, but there would probably be better chances of a... Read more »
I am a part time employee working 38+ hours a week and believe that there is something that would constitute my job into full time with benefits at
Carefully review your employee handbook and/or all of your employer's policies. Although those policies, rules or guidelines usually do not form contracts most intelligent employer's will follow them. The reason for doing so is that employers will refer to those policies and use them in... Read more »
My job offer letter states that it can’t be modified or amended except for written agreement signed by the employer and myself.
Can the employer modify the agreement after my start date and compel me to comply if I don’t agree and sign.
An offer letter is different from an employment contract. Most offers are "at will." The employee can leave or employer can ask the employee to leave. No reason is needed for either employee to quit or employer to end the "at will" relationship.
Signing an offer letter... Read more »
This is only one possible lawsuit worthy instant there are many other things such as not being paid on time.Sometimes not getting paid for time that was put in and there was also a promise for health care in my contract that wasn't fulfilled as of yet. The place I work at cost 1.5 billion... Read more »
This is something that the employment law and workers' comp attorneys here would know best, but your question remains open for two weeks. In general, employees injured in the course of their employment usually go through workers' comp insurance for their medical expenses and lost wages.... Read more »
NY employee started with Mass employer on 10/1/18 (first day of Mass MNAA). On 10/3/18 employee signed a "Non-Solicitation Agreement" on third day of employment without any advanced notice of the agreement in the offer letter. For 18-mo employee cannot "render any management-related... Read more »
"Employee wants to take clients they brought into the company" is a red flag. If employee had been acquainted with or done business with a client before accepting employment with a company that might be ok? But the "ok" depends on what the employee did prior to accepting... Read more »
HIPAA protects patient identifying information and medical information associated with patients from being shared with others who are not authorized to view or listen to that information.
New York State is a one party consent state when it comes to recording anyone. You may recall a now... Read more »
It is unlawful to discriminate against an employee based on their religion under both federal, NY and NJ discrimination law. You should consult with an employment attorney to discuss your matter further and get advice on how to address this.
Good evening,
I have an ongoing concern at my current workplace that does not seem to be changing. And I am seeking legal advice.
I have written a statement to a current employer about harassment, unprofessional discriminatory comments, and unsafe distribution activities with heavy... Read more »
First of all, I would like to tell you that I'm sorry that you are having to go through these things at your workplace.
As for the harassment and the discriminatory comments, largely, these will be lumped together as to how they are treated in the legal context. To constitute either,... Read more »
I have had a bit of bad luck over the last year. First, I started working remotely from NYC for a nonprofit in Africa from 01/Feb/2021 till August 2021; I was let go on no fault of my own. Then I started working for a company in Austin, Texas as a full-time employee from November till yesterday and... Read more »
You should qualify if you earned the minimum required gross income in two full quarters. They go back either 4 or 5 quarters for calculating earnings which applies for anyone performing services in New York. It's state law overseen by the NYS DOL.
Remember that all employers must... Read more »
I recently got over a relatively bad case of covid and provided my employer with a doctors note. My doctor wrote it out on his prescription pad and gave it to me to submit. I was told today that “payroll” won’t accept a doctors note written on a prescription pad, meanwhile his prescription... Read more »
If the note wasn't signed, that could be why the employer is questioning it. If that is not the case or your employer takes some adverse action due to you being out sick with Covid, you should talk with an employment lawyer.
At this point, I don't have a large clientele, so I would like to take on people as I get the jobs, like gigs. It seems like the best way to go would be to take them on as independent contractors instead of employees until I have more steady work for them. How would I go about this and what... Read more »
They will be your part-time or as needed employees. You will need to insure them as such and withhold taxes for them and comply with all DOL laws.
If they were independent they would have their own cleaning businesses, would advertise, would have their own business websites or bank accounts... Read more »
I was due a 10k sign on bonus after a year of working with this company. They agreed to pay it but never did so I quit, they then used that as a excuse to not pay me. Now we’ve settled the lawsuit out of court & they want me to dismiss first then they would pay me. Shouldn’t I get paid... Read more »
I don't ever file a dismissal of an employment law claim brought by my client before the settlement is paid. The settlement agreement should have language discussing a procedure for you agreeing to withdraw within a certain amount of time after getting paid. If you did not have a lawyer when... Read more »
I recently quit my job through an email and my employer responded saying that they’ll be following up with nys doh licensing department on the matter. I guess my question is, what does that mean? By the way I’m a licensed registered nurse
I believe New York State's Department of Education licenses nurses. Check your licensure status, make sure you have complied with all continuing education requirements and reporting if there are any incidents which require your disclosure or reporting to the licensure Board.
Review any... Read more »
I have a medical history and had this same injury before at the same job. They are aware of my medical conditions and have been for 6 years. It never was a problem until it went under new ownership this last year.
An employment attorney could advise most meaningfully on the element of your wages; as to the Personal Injury category you posted under, this may be something closer to workers' comp than personal injury. If your injury took place within the course of your employment, you may want to consider... Read more »
I signed a noncompete that says I can’t work for 2.5 years and 15mi from the office location in Nassau county. I want to work for another group.
About 5 years ago I conferenced with a physician who had worked for an organization for approximately 25 years. The physician was very highly compensated. This physician appeared "burned-out" and simply wanted a change of pace. The unfortunate part was that the employer had invested... Read more »
My company promotes itself widely and publicly as "living its values," which include accountability, respect and trust and of course DEI. After not getting a bonus, I sought equal pay for the work -- touting those values. I was rebuffed and told it was "skill-building." When I... Read more »
Are you referring to a collective bargaining agreement? Such agreements should protect all covered employees. And those agreements must be followed as drafted, reasonably interpreted and fairly applied to all covered employees. A breach of a duty of fair representation aka a DFR claim might be... Read more »
it's been 1 month that I'm in this new job. it's a warehouse and they have 3 zones there: ambient, chilled and frozen.
everybody needs to stay 2 hours in the frozen zone (they provide special clothes)
but I have cold allergy ( it's kind of rare urticaria, and... Read more »
A suggestion might be to launch the interactive process.
What's that? You request a reasonable accommodation based on your "disability" which does not cause your employer an undue hardship. Remember that you must be able to perform the essential functions of your job with or... Read more »
I received a offer from United Health Group and the preemployment process has a standard drug screening which includes marijuana. I reside in NYS. Would my offer be rescinded if the drug test comes back with positive marijuana if the employer resides outsides of NYS?
No more Cannabis testing in New York except in special circumstances. See this link:
https://www.ny1.com/nyc/all-boroughs/politics/2021/10/22/new-york-employers-are-banned-from-testing-most-workers-for-weed
Apply for the job honestly. Complete all questionnaires, etc... honestly.... Read more »
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.
