New York Employment Law Questions & Answers
Q: can I work remotely full time and be considered as full time without being present in the company?
Hi,
I have a little concern so I have done 1 year of remote full time work while studying in my university and there is this law in my university that exempts you from doing an internship if you have done 1 year or more full time relevant work and here is how it is phrased on the catalog... Read more »
Remote, full time work does exist. You may be a full time remote employee. But will your employer certify that you have 1 year of relevant full time work experience?
You may meet the definition of the single sentence you have selected. But you also have to meet the spirit of the... Read more »
Q: Can my employer change our employment contract after I signed it?
I was contracted to work a specific schedule at a yearly salary; after I signed this contract, the schedule was modified and I was informed if I wasn’t able to work those hours that I would be terminated. I remained due to financial need, however not only was I not compensated for the additional... Read more »
Was the first contract "at will"? If so they willed to change it and it looks like you willed to accept it.
Have an employment lawyer review the agreement if you truly believe it was a contract and not simply an offer subject to amendment and change at any time. The longer you accept the... Read more »
Q: In less than a year my HR personnel has made numerous errors including asking me to do an illegal activity.
My only HR contact has provided me with consistent incorrect information regarding my pay, benefits and my employment status. She asked me to sign her name on a company credit card and when I refused she stated I should sign or not work. She deposited three different pay amounts without any... Read more »
Incompetence is not illegal. But don't count on or try to get HR fired.
Discrimination is illegal. Nothing in your facts describes why this may have been discriminatory. Is there any evidence to support that your membership in one or more protected classes of employees (i.e. you suffer with... Read more »
Q: Can you get legally fired from a job via text message?
Did you receive the text? Would you rather have faced the employer when they told you? If so how would that have made any difference assuming you are "at will" which means that the employer needs absolutely no reason to get rid of you. None. They decide "this is not the place for you" and you're... Read more »
Q: NY employer asking me to sign agreement that I am responsible for any damage to equipment, including accidental. Legal?
I'm an "at will" employee and the equipment I use is only laptop, phone, etc. However, I don't want to agree to be responsible for any damage if I don't have to. I understand that if the damage is caused by gross negligence or on purpose, but this agreement would cover everything except "normal... Read more »
Here's a link to Section 193 of New York's Labor Law.
https://www.labor.ny.gov/formsdocs/wp/ls605.pdf
Not legal advice. No lawyer client relationship. No assurance that this is the latest version of Section 193 nor that it is all inclusive. Contact a New York employment lawyer to... Read more »
Q: Can I fire an employee in NY for calling off sick multiple times for the last couple months?
My dental assistant has been continuously calling off work for feeling sick or being in the hospital yet is coming up with multiple excuses as to why he can't produce hospital records or doctor notes. I never made him sign a contract when I hired him so I am unsure how to go about firing him. I... Read more »
Please call employment lawyers some of whom serve all of NYS. There are local laws which forbid asking for medical excuse documentation except if certain conditions are met. Each employee is unique unless you have an employee handbook and apply policies uniformly.
Q: hi need to know please in my firm is leading me to illness due to the fact that my office is a basement and they just
inform me verbally that my office environment is not safe and they don't do anything about it. i am 63 years lady working in an american institution and my green card issued in new york. i am tired of being ill all the time what is your advice thank you .
Sorry to hear that. Your question might be better answered by an immigration lawyer. Before you consider filing formal complaints with any governmental agencies. Good luck.
Q: What effect could cases like Arlene’s Flowers v Washington, if successful, have on employment anti discrimination laws?
Arlene’s Flowers v. State of Washington is a collection of cases. They all are based on a gay couple who tried to order flowers for their wedding. The florist refused to provide floral arrangements for a same-sex wedding because of her Christian beliefs. The couple, with the help of the ACLU,... Read more »
Q: I have a severance package from work. Need a lawyer to Look at it before I sign it. Thank you
Sounds great. Flat rates. Employment lawyers are your best option. Thanks.
Q: I'm a pro se litigant and need to write a reply brief in the US Court of Appeals for the 2nd Circuit. Any examples?
I would just like to see what a typical brief looks like (table of contents wise) so I know how to organize my argument. Thank you.
Search at scholar.google.com. You'll get plenty of examples!
Q: I'm being terminated and only paid 3 months of severance. How can I negotiate my severance package?
I work at a technology company in New York and have been employed for 2 years. I'm being asked to sign termination paperwork that includes a lump sum severance payment, worth around 14 weeks of pay. I don't think this is sufficient given that I'll need to leave the US afterwards.
Should I... Read more »
If you will need to leave the U.S. that sounds like a Visa / immigration issue.
Contact an immigration lawyer familiar with H1B or whatever type of work Visa you may have. Those lawyers emphasize or specialize in immigration issues.
No employer in the U.S. is required to pay any... Read more »
Q: Can someone please tell me what this means?
"Severance: The firm shall pay to Employee severance pay in the gross sum of $3,139, which is equivalent to two (2) weeks of Employee's current base salary. This sum shall be treated as wage income, and shall be subject to applicable federal, state, and local withholdings and deductions. Payment... Read more »
It means the employee can expect to receive two weeks' pay less normal deductions on the regular pay day following the effective date of the severance.
Q: Told my employer an IRS debt was settled, she deducted my pay anyway. Now I’m receiving refunds. Was that legal?
This happened during the shutdown so I assume they hadn’t processed anything. I insisted that it had been settled. She just responded with “we will deduct it from the following 6 pay periods, if you want to speak to them go ahead”
Im currently receiving refund checks, but it’s... Read more »
Yes. Not only was what your employer did legal--it was the most prudent thing that she could have done under the circumstances. Whether or not your employer "believed" you is not the point here. Why? Because your employer MUST obey the IRS lien or face stiff penalties. Be happy you are no longer... Read more »
Q: Employment lawyer
I work a company in NYC for the past 15 years , requesting all my employment paper work via certified mail 3 times at the time of hire more than 6 months ago , my employer ignored all communications. Did I’m entitle to get a copy or get a response from my employer. I would like to know my rights.
If you work for the government you are entitled to request copies of your personnel file.
If you work for a private employer which is subject to New York's Labor Laws there is no right for any employee to obtain copies of their personnel file unless the employer has negotiated same in her... Read more »
Q: what does it means? Did plaintiff got any money?
Kokota v. State Street Corporation et al
1:17-cv-02250 | New York Southern District Court
STIPULATION OF VOLUNTARY DISMISSAL OF CLAIMS WITH PREJUDICE: IT IS HEREBY STIPULATED AND AGREED by and between the parties that the above-captioned action is hereby dismissed with prejudice... Read more »
All this says is that the all parties in this action stipulated (agreed) that the case should be dismissed. That it was dismissed with prejudice means the plaintiff cannot refile this case. The reasons the parties agreed to dismiss the case could have been the result of a settlement and the... Read more »
Q: I need to know what New York States requirements are for Pharmacy Technicians on a name tag
We’re being told by a manager that our first name isn’t enough- that they now want the first initial of our last name; from what I have researched that’s a NJ requirement. If someone can clarify.
Regardless of what the state law says if your employer requires the first initial of a last name on a name tag I don't see how you might object? Unless you don't want to work there any more.
Common laws live in New York. Those are unwritten laws such as Faithless Servant Doctrine, Master... Read more »
Q: If the EEOC complaint does not have certain parties named, does that mean I cannot add them to a summons and complaint
If the EEOC complaint does not have certain parties named, does that mean I cannot add them and other claims to a summons and complaint later on?
You need to amend your Form 5 EEOC charge while it is still at the EEOC or file a new one ASAP if you have not missed the filing deadline. Adding parties regarding claims that the EEOC has jurisdiction over is not a good idea. You might miss a statute of limitations deadline and/or the Court might... Read more »
Q: Does New York City's mandatory sick leave apply retroactively during you employment?
If an employee has a medical emergency in the first weeks on a new job before full days of sick leave accrue, is the employer responsible for paying for that leave if the time accrues in the employee's subsequent months on the job?
Another way: Can an employer refuse an employee's sick... Read more »
The short answer to your question is no.
Under NYC’s Paid Safe and Sick Leave Law, employees of eligible employers can start using accrued sick leave 120 days after the start of their employment. Employees accrue sick leave at the rate of one hour for every 30 hours worked, up to a... Read more »
Q: Is my boss liable if he ignores my health issues and I get sick at work?
I had a heart attack at work 2 months ago working my day shift. The overnight guy quit and my boss now wants me to work overnights alone, where I could not call for help if I get sick again. If I were to get sick or die is the company liable knowing that I have a health issue? Thanks.
You must be able to perform the essential functions of your job with or without a reasonable accommodation. If you are disabled ask your physician whether you require an accommodation. But be careful if the accommodation causes an undue hardship for your employer which would permit them to replace... Read more »
Q: Can a business withold an employee's earnings?
Accounting said they paid double overtime by accident and that they need retribution. They are withholding my paycheck until i sign a form and say they can take it out of future paychecks.
I think you meant to write "restitution." If you pay anyone more than they are entitled to they will need to pay you back. You accidentally hand the McDonalds clerk a 50 instead of a 20 but only get change for a 20 they do not get to keep the excess unless they honestly did not see that you handed... Read more »
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