My employer made me sign a contract stating I must give them 90 day notice before leaving. I find it excessive and I want to know what would I happen if I leave before. Also, that even if I give them the 90 notice but I take days off between the time I hand in my notice and my last day, I must work... Read more »
This sounds like a “Garden Leave Provision.”
It’s not like you can be stopped from leaving, so the question is whether it’s enforceable, and if so, what are the damages they deserve for an employee breach of that particular demand.
An attorney would probably need more... Read more »
Hello! Would one of the following be enough proof of self employment to qualify for PUA (pandemic unemployment assistance) ? : a check I received for a private lesson I taught in November 2020, check I reveived for a photo session I did in December 2020. I am a self employed actor and photographer.... Read more »
The Department of Labor determines what proof you must provide. They can request more if it's not clear.
If you are denied benefits make sure to TIMELY request an administrative hearing before an ALJ. I think all hearings are telephonic. You can then compare your claim file with any... Read more »
i was hired as a cook in a kitchen and i was involved in a car accident (Not Job Related) which caused me to be out of work for six months.Upon my return to work i sent them all my doctors notes and letters with a date of return i was informed that their are no more positions in the kitchen and... Read more »
If you were "at will" they needed no reason to terminate you.
It looks like you may have been disabled. At least temporarily. The FMLA would have protected your job for at least 12 weeks. You would have completed FMLA paperwork if your employer had more than 50 employees and if... Read more »
or my eligibility is based on the amount of severance package i received divided by $504 and then i can apply? Severance is paid in lump sum
Will severance, dismissal or termination pay be made prior to 30 days after your termination or severance date? If yes, you will need to disclose this pay to the DOL and your unemployment benefits will begin after your severance pay is "exhausted" based on your earnings. An employment... Read more »
I have had ADD many years. I have a expired IEP. I have had bad years of lack of focus. I want to go back to treat it with medication. However I have seen ADD is not on the list of disabilities a company has to offer accommodations for and can not penalized you for .
Generally, if you have no employment contract, you are not union represented, nor do you work for the government, you are considered "at will." The overwhelming majority of employees across the entire United States are "at will." That means that they can be fired for a good... Read more »
The parent company recently bought a similar company to the one I work for now and they are taking over all areas and top mgmt is being filled with their people. Many people are being fired. No communication is being shared as to how the team is being selected. It is supposed to be a merger but a... Read more »
Your question deals with employee choice doctrine. If you accept money then you are bound by the non-compete terms no matter how severe or possibly illegal.
If you choose not to accept the severance pay and are being fired through no fault of your own then the non-compete itself might be... Read more »
At my work I put in for paid family leave of absence and the only one I told about it was human resources. A few days after some of my fellow coworkers we’re coming up to me saying I heard you were taking a leave soon? Do I have any recourse against the company I work for being that human... Read more »
What are your damages? It's one of the first questions an employment lawyer is trying to answer when they speak with you in an initial telephone conference.
Was there an adverse employment action? You were not terminated nor were you demoted with a loss in pay or passed over for a... Read more »
It depends on how the judgment that caused the execution was derived, and whether your employer will cooperate.
An employment attorney could advise best, but your question remains open for two weeks. Until you are able to consult with an employment attorney for meaningful guidance here, you could see whether the company policy or other guidelines address the return of these items. As a PRACTICAL matter if it... Read more »
It depends.
You are not eligible to receive unemployment benefits if you are receiving dismissal/severance pay at a rate that equals or exceeds the maximum weekly unemployment insurance benefit rate.
However, if your weekly severance payments are less than the maximum unemployment... Read more »
The company has an address in CT and rents office space in Manhattan where their NYC employees report to. Salaried employees get paid $25-$40K per year and do not get paid overtime. Employer rationale is that they are not a NYC employer because they're based in CT.
Sounds ridiculous.
Every employer who does business in New York State must comply with New York State's Labor Laws. Any employer who does business in New York City must comply with both New York State's and New York City's Labor Laws.
No full time employee earns less... Read more »
I've encountered over a dozen so far. They ask for female _____ or a black or latinx _____ directly, for example. Some just say "preference for African American".
How the hell is this legal?
Is there no legal way to stop this blatant discrimination.
If I can... Read more »
There certainly is. You copy the posting everywhere you find it. Then you apply for the position. If you meet the posted qualifications and you are not hired you have a claim.
FYI. There are professional plaintiffs out there who look for discriminatory postings around the country and... Read more »
The company I work at is majority female run. My department head is female, my manager is female, and my counterparts are female. All HR personal are female. My title is the same as my female counter parts, as are my roles and responsibilities. My effort and performance is on par or better, and I... Read more »
Maybe. Your sexual orientation or identity makes no difference regarding the application of federal or state laws. You should discuss this issue with some employment lawyers in confidence. There are many different ways to approach it. Skilled employment lawyers may be able to help you.
I have worked for a company for 2 weeks. They only paid half of my wages but they helped me with accommodation and transportation from house to work place. We did not make any contract, I did not sign anything but working hours and pay rate were written on an application. I had to leave the country... Read more »
Everyone in New York State is entitled to be paid no less than minimum wage for all labor which an employer permits an employee to suffer. However, an employer is also entitled to recover any loans or advances to which employer and employee agreed. Some lawyer will need to review all documentation,... Read more »
https://www.allotsego.com/suny-oneonta-ras-threaten-strike/
I have not received test results and I have been working in biohazardous conditions that were not outlined in my contract. I also cannot return home yet since my father is battling a 9/11 related cancer and is extremely... Read more »
An employment attorney should advise on your matter, but you await a response for a week. In addition to reaching out to an employment law attorney, you could also consider consulting with a workers' comp attorney to learn about whether the nature of your job duties might possibly be relevant... Read more »
I have a separation agreement, where if I disagree with the regulatory filing that my previous employer filed, which I do, I can file an arbitration case. My question is if I lose at the arbitration, can I be forced to pay the legal bill for the other party? Also when filing at American Arbitration... Read more »
It would be best for an employment law attorney to advise you, but you await a response for two weeks. As a GENERAL matter with American Arbitration Association arbitrations for property & casualty insurance claims NOT INVOLVING employment matters, my experience has been that claimants are not... Read more »
I recently just checked to see if he was consistant with that and it went back to $17. Is this something that is legal in NYC? August 19th it was was increased. Now im back to 17 without anyone telling me.
New York State's Wage Theft Prevention Act (WTPA) mandates that employers provide employees with written notices of pay rates and changes.
Contact the New York State Department of Labor regarding failure to provide notices. They should investigate that issue. Penalties might be... Read more »
My friend has been working for a 4-week internship during the summer. He worked for 5 days a week, however he claimed for three days. The state is now asking him to provide information regarding my employer offering me internship, and asking which days of the week he worked for. What should he do... Read more »
The state, meaning the DOL, can detect the specific IP address where any claimant logs in to certify for benefits. The DOL also warns claimants to never disclose their login credentials to anyone else. When someone other than the claimant certifies for benefits the DOL discovers that as well. It is... Read more »
started a new job and found out everyone in department has had covid19. To protect myself I wear surgical masks my supervisor called me to her office to tell me she's not comfortable with me wearing a mask. In my interview i was told They practice all cdc guidelines which i found out is a... Read more »
Sorry to read that.
Most of us continue to wear masks because the studies show that masks protect other people from contracting any disease which we ourselves might carry unknowingly. I myself also feel better breathing through a mask although I know that if someone near me is not wearing... Read more »
They let me go do to my attendance and that they couldn't follow the restriction the doctor put on my note. My attendance was only messed up due to the fact of my injury. My injury had happened at my job. I had injured my knee cap
Short response is that an employer must make reasonable accommodations for employees capable of performing the essential functions of their jobs with or without accommodation.
However if the necessary accommodation causes an undue hardship for an employer no employer has to incur same. What... Read more »
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