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New York Employment Law Questions & Answers
1 Answer | Asked in Contracts and Employment Law for New York on
Q: My employer gave us a project that superseded our job description & paygrade, but won't pay us more. Is this bad faith?

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 »

V. Jonas Urba
V. Jonas Urba answered on Nov 9, 2021

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 »

1 Answer | Asked in Employment Law for New York on
Q: the company can fire me because my health condition (cold allergy) ??

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 »

V. Jonas Urba
V. Jonas Urba answered on Nov 2, 2021

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...
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1 Answer | Asked in Cannabis & Marijuana Law, Employment Discrimination and Employment Law for New York on
Q: How does the process for pre-employment drug screening work with marijuana for remote work positions?

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 Would my offer be rescinded if the drug test comes back with positive marijuana if the employer resides outsides of NYS?

V. Jonas Urba
V. Jonas Urba answered on Oct 31, 2021

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....
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1 Answer | Asked in Employment Law for New York on
Q: I tested positive for covid. I have to miss work for 10 days. Does my employer have to pay me?
V. Jonas Urba
V. Jonas Urba answered on Oct 26, 2021

Maybe. Depends on your employer. See this link:

https://www.ny.gov/programs/new-york-paid-sick-leave

If you work in any of New York City's Boroughs see this link:

https://www1.nyc.gov/site/dca/about/paid-sick-leave-law.page

Generally, smaller employers (fewer...
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1 Answer | Asked in Civil Rights, Constitutional Law, Employment Discrimination and Employment Law for New York on
Q: How to look up Equitable Estoppel Employment Cases that was successful in relation to plaintiff mental illness

Statue of limitations ran out but knew evidence has surface and plaintiffs want to file action against former employer, to reopen retirement pension fund

V. Jonas Urba
V. Jonas Urba answered on Oct 17, 2021

A retirement pension fund issue appears to fall under the Employee Retirement Income Security Act of 1974, also known as "ERISA". Some of us have successfully fought on behalf of employees facing reduced severance pay. Employers sometimes allege breaks in continuous services by employees.... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: Can a school district put you on unpaid leave without it being in contract for refusing Covid-19 weekly testing

We were given a letter this week to submit for weekly Covid-19 testing starting next week in we are unvaccinated. A few of us bus drivers are refusing for various reasons and concerns. We were told they would put us on unpaid leave for refusing. I read that they cannot do this if it's not in... Read more »

V. Jonas Urba
V. Jonas Urba answered on Oct 15, 2021

It's a public safety issue like wearing seat belts although you can't see the potentially deadly nature of the virus.

If you have a strongly held religious belief from a recognized religious group or organization speak with those authorities about an exemption. If your physician...
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1 Answer | Asked in Employment Law for New York on
Q: fmla expired I am still disabled and cannot return to work & my co. Is not giving me accurate info on next steps for ext

ASKED FOR EXT LEAVE OF ABSENCE AND THEY TOLD ME TO SPEAK TO MY DOCTOR & REQUEST ADA IS THIS ACCURATE

V. Jonas Urba
V. Jonas Urba answered on Oct 8, 2021

You must be able to perform your job duties with or without a reasonable accommodation.

Extending your FMLA leave might be a reasonable accommodation depending on the circumstances. Have you kept your employer informed of a date certain for when you will return? An open-ended date rarely...
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1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: My manager changed my schedule while I was on vacation, which resulted in my termination. Is there anything I can do?

A couple years back I worked for wal-mart. I took a week long vacation with one of my friends/coworkers to another state. We both put in for the week off and we both got it approved. When we got back I noticed my manager changed my schedule so I would be a no call no show. I worked for the company... Read more »

Carrie Dyer
Carrie Dyer answered on Sep 29, 2021

While this situation sounds very unfair, it is not unlawful for your employer to change your schedule at any time for any reason, even if this results in your termination. However, I imagine you would have been entitled to unemployment benefits if you could demonstrate that you had already been... Read more »

1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for New York on
Q: My boss hasn’t enforced a provision regarding promotions in over 25 years. They now r. It hurts women. Discrimination?

My school district hasn’t enforced a provision on teacher advancement in terms of salary in over 25 years. A new HR director is making it a point to enforce it, and is denying salary differentials for teachers who have more than a Masters degree coming in. Furthermore HR has decided teachers... Read more »

Derek John Soltis
Derek John Soltis answered on Sep 27, 2021

You should talk with an employment lawyer. It sounds like discrimination to me. If the only people it has been enforced on are two black woman that is insane.

2 Answers | Asked in Employment Law for New York on
Q: I work in HR, and I have an employee who is on intermittent FMLA. They mentioned quitting, what else should we do?

The EE received their rights and responsibilities under FMLA. However, this EE likes to "play chess" in a sense that they may potentially come after us even though they voluntarily resigned and we have followed the law and rules to a T. We informed them of what their leave is allowed... Read more »

V. Jonas Urba
V. Jonas Urba answered on Sep 27, 2021

Have you requested the employee to sign a general release and waiver of their right to sue you? Of course you would offer them some adequate consideration in return, which may be almost anything of value. And remember, every employee now has at least 21 days by law to sleep on, consider your offer.... Read more »

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1 Answer | Asked in Employment Law, Constitutional Law, Education Law and Employment Discrimination for New York on
Q: I submitted a religious exemption that was neither approved nor denied. My job refuses to provide any accommodations

Even though it's a department of education school and the department of Ed is accommodating teachers, my job is not taking my request seriously nor are they willing to make any accommodation for my religious practice. I was told I would be placed on unpaid leave with no regard to my request... Read more »

Carrie Dyer
Carrie Dyer answered on Sep 22, 2021

Your question does not indicate what your religious accommodation request is. Whether your employer's decision to place you on an unpaid leave is unlawful depends on your accommodation request, whether your request eliminates one of the essential functions of your job, and/or causes your... Read more »

2 Answers | Asked in Contracts and Employment Law for New York on
Q: Hello , my employer refuse to pay me over 10000$ in commission

I provided every proof that i wasnt paid for certain jobs , dozens of emails and promises , lately i have been harassed with iron strong evidence that is directly correlated to the fact i asked for my money , is it wise to persue a lawsuit or big employers always win in such cases and it takes... Read more »

Brian Greben
Brian Greben answered on Sep 20, 2021

You're asking excellent questions, but they can't be answered without knowing the specifics of your case. You should contact an employment attorney.

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1 Answer | Asked in Employment Law and Employment Discrimination for New York on
Q: What are the risks/benefits for resignation verses being laid off or terminated?

I'm a Healthcare provider in NYS and do not want to be vaccinated. I am being asked to resign. What are the risks/benefits for resignation verses being laid off or terminated? I understand I will not get unemployment

Rhiannon Herbert
Rhiannon Herbert answered on Sep 14, 2021

The main benefit of resignation is that you will not have a termination on your record. For example, when applying for new jobs, many job applications will inquire as to whether you've ever been terminated from a previous job. By resigning in lieu of being terminated, you will avoid any... Read more »

1 Answer | Asked in Employment Law for New York on
Q: If the company you work for is bought out by a different company is the old company required to transfer PTO

They said Governor Cuomo made a law that applies to NYC residents and not the rest of NY that is why we did not get paid out our safe and sick time

V. Jonas Urba
V. Jonas Urba answered on Sep 9, 2021

Governor Cuomo had the authority to sign laws which the state legislature made for the entire State of New York, including New York City. But he had no authority to give favorable treatment to employees who work in NYC and not give the same benefits to the rest of the state unless it was some... Read more »

1 Answer | Asked in Employment Law for New York on
Q: I am moving from NY to SC. I will be unemployed. Will I be eligible to apply for unemployment benefits.
V. Jonas Urba
V. Jonas Urba answered on Sep 9, 2021

Maybe. It depends on the circumstances related to the loss of your last job. If you quit the job that will likely present a formidable challenge unless you were constructively discharged. Essentially forced to quit, no other choice, and not your fault. You will want to check with lawyers who handle... Read more »

1 Answer | Asked in Employment Law for New York on
Q: If you're scheduled for work and find the store closed to you get paid

Store was closed for co leak and I wasn't notified

V. Jonas Urba
V. Jonas Urba answered on Sep 2, 2021

New York City's Code may be helpful. Here is a link:

https://www1.nyc.gov/assets/dca/downloads/pdf/about/FairWorkweek-LawRules.pdf

You may want to review your employee handbook, which every employer should have, although not mandated to have, which might address closures....
Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for New York on
Q: I won a settlement. I don't agree with the settlement amount. Can my lawyers go back for more money?
Michael D. Birchmore
Michael D. Birchmore answered on Aug 30, 2021

While it might be unlikely, you should discuss with your attorneys who actually know all the facts of your situation.

1 Answer | Asked in Employment Law for New York on
Q: I signed a contract stating id pay back a sign-on bonus if I leave before 6months. Can she withhold my last paycheck?

I live in New York State. The sign on bonus was $250, and the contract states I need to stay with her until December 4th. My workplace is hostile and I need to leave. Can she legally withhold my last paycheck to “repay” my sign on bonus?

V. Jonas Urba
V. Jonas Urba answered on Aug 24, 2021

Is yours a "similar payment for the benefit of the employee?" And have you signed an agreement which expressly authorizes the deduction? Take a look at Section 193.1 here:

https://www.nysenate.gov/legislation/laws/LAB/193

Not legal advice. No lawyer client relationship. Good luck.

2 Answers | Asked in Bankruptcy, Employment Law, Workers' Compensation and Employment Discrimination for New York on
Q: Suspended without pay for extended amount of time

I have been suspended from my workplace for almost a month due to a security breach. My account was used to make administrative changes to our users via a vpn connection. Upon looking further into my home network I realized an unknown user has accessed my incoming connection Keylogged my system,... Read more »

Carrie Dyer
Carrie Dyer answered on Aug 11, 2021

Your employer is not violating the law by keeping you on a leave of absence while the police investigate the security breach. Unfortunately, there is not much you can do in this situation besides wait.

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1 Answer | Asked in Employment Law and Workers' Compensation for New York on
Q: I got covid in January at work a coworker was sick and told management but they didn’t inform us I’m still sick.Help

Management didn’t inform the workers and I got sick . I’m still suffering from fatigue, headaches , hair thinning, teeth cracking and joint weakness I haven’t been able to get back to work fully I work once every two weeks because I get exhausted in the stores and can’t keep up. If I... Read more »

V. Jonas Urba
V. Jonas Urba answered on Aug 6, 2021

Consult with a workers compensation lawyer immediately. Although it may be difficult to pinpoint where you contracted COVID, a skilled workers compensation lawyer might be able to tie it to your workplace. Good luck. Alternatively, if you have disabling conditions, ask your doctor about... Read more »

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