New York Employment Law Questions & Answers
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 »
Q: If i get fired and i dont know the reason, can i go back and ask why i got fired?
Always a good idea. If you apply for unemployment the employer might claim you quit. So make sure you tell the employer this was not your choice and remind them that you needed and wanted the job. Ask why me?
Q: Hello I live in Albany NY and I need either a Pro-Bono attorney or Contingent Employment Attorney. Please Help !
While working, I was injured on the job and went to the doctor on the same day. There was 4 employee witnesses and I told my boss also on the same. Because the nature of the incident and where the injury occurred "at the CEO's home" I was in fear of my job I started voice recording after I was... Read more »
#1. You definitely need a work comp lawyer. Retain one now! You only owe $ if they recover $ for you so it makes no sense not to.
#2. The EEOC or NYS DHR will determine whether you have enough facts to support discriminatory termination. Recording or no recording it's a fact issue. No case... Read more »
Q: Can they legally do this?
Gave my two weeks to my job Thursday they accepted it the schedule for the next week was out. Went in to work my next shift and was told I could go home and they mailed my check. My coworker said they took down the old schedule and removed me from the schedule. I called my boss no one has answered... Read more »
If you gave 2 weeks notice of your resignation your employer has to pay you for 2 weeks or they risk losing your presumed application for unemployment benefits.
If you apply for unemployment benefits and are denied there will be an analysis of gross misconduct to decide whether you qualify.... Read more »
Q: I was fired from my job 2 months ago and i believe i was discriminated against. What should I do?
About 2 months ago I was fired from my factory job. I was accused of causing harm to a coworker, which is totally false. The accuser lied about what happened and lied about having witnesses. I was fired that day and filed a grievance. I tried to get ahold of my union rep but i haven't heard a thing... Read more »
New York is an employment-at-will state, meaning your employer does not have to have a reason to fire you. You can even be terminated for a bad or unfair reason.
Termination is wrongful only if it was based on your protected status (race, gender, religion, age, etc.), but it is your burden... Read more »
Q: My boss just fired me. Can I make a claim for dismissal without cause?
Cause is not necessary unless:
1) You worked for the government.
2) Your union contract requires cause.
3) You operate under a private, written contract of employment which requires cause.
If none of the above, were you discriminated against while employed, and how... Read more »
Q: Hicks et al v. T.L. Cannon Management Corp. et al I believe I signed and returned my letter when I received it
I had moved though and wanted to make sure that my updated address was on file for me to receive any further mailings pertaining to this case, how would I go about doing that?
Mail a Notice of change of address to the court and copy all counsel of record or parties if any are not represented.
Q: Can my job fire me for being pregnant with health issues?
I’m 20 weeks pregnant, and my job is trying to find ways to fire me. They are trying to create a paper trail for reason to fire me. I made my job aware of my pregnancy when i was around 8 or 9 weeks pregnant. Before then I had no issues. I’ve been at my job for almost 11yrs without ever being... Read more »
No they can't. You should notify HR. Consider a consultation for a case evaluation.
Q: In NY state, can my employer make me be on call for up to 9 hours every day without any kind of compensation?
I go into customer’s homes and measure rooms for my employer. I am employed full time with benefits but I get paid per “measure” ($16) and not by the hour. To be clear, I work for my company and am not an independent contractor. I get a W2 and benefits from them.
I often only... Read more »
Do you receive a w2 or a 1099 at the end of the year? In other words, are you working for the company or "working for yourself". Sounds like there may be misclassification if that is the case. It depends on the structure of the employment but is sounds like there may be violations as you should be... Read more »
Q: Unlawful termination
Union employee - wrongfully terminated with no write up after 30 years. Do I have a case ?
Wrongful termination does not exist.
Were the terms of your union contract broken? Breach of contract.
Were you discriminated in the terms and conditions of employment? Possibly Title VII, ADA, ADEA, etc.... violations?
Pay an employment lawyer for an in depth analysis of... Read more »
Q: Can an employer make you sign an agreement that you won’t quit before x number of years? Is it legally binding?
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
I have a non-compete signed stating I can't work for any entity or business that competes with the Business, what exactly is this, how can I distinguish what line of business my ex-company is at?
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?
We run an after school program and pay our employees hourly. Their employment ends when the school year ends. We ask them if they want to come back for the following year. Can I not ask someone to come back or tell them that we do not want them back? Is it technically not firing them or am I... Read more »
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... Read more »
Q: Destruction of Property- subcontractors
I hired a subcontractor to do work for me in NY state. He hired an uninsured, unlicensed guy to do the actual work. This person he hired went outside the scope of instructed work and started pulling wires, cutting wires, and shutting off breakers in my clients facility. Once this was discovered, he... Read more »
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... Read more »
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
This case is against the DoD i was a civilian employee
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.
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