If you earn more than $504 per week or work more than 3 days per week, even 5 minutes on the 4th day, you will not qualify in New York. You must qualify for some partial benefits in New York unless you have no other income from any other source, in which case you may qualify for pandemic alone. But...Read more »
Generally, when you resign voluntarily you do not qualify for unemployment insurance. However, under these circumstances, you could still file a claim. If your employer does not contest your claim, you will likely receive unemployment benefits. If the employer does contest your claim, you could...Read more »
My employee will not compensate and is saying I’m refusing to work. I have been with the company for 4 years. My normal service of commute isn’t working due to covid and I can’t afford to spend more then my normal commute budget to get there. Is unemployment an option ?
What does "can't get to work" mean? Transportation is almost never the employer's responsibility. Neither is child care. But if you have a medical condition which the employer refuses to accommodate those facts should be explored with an employment lawyer. Do you have another...Read more »
Whether or not your employer can legally terminate you while you are on a temporary disability leave depends on several factors. If you believe you have been fired in retaliation for exercising your right to disability leave, then you should consult with an attorney immediately. A couple of factors...Read more »
Given that NYS oversees the claims even in this federal instance, to affirm that you are ready and willing to work within the country each time you would be claiming is fraud. If you can suspend the claim and start it back up once you're able to be in the country, that might work, but...Read more »
I am a teacher who was laid off. I have a ten month contract paid over 12 months. The contract stipulates the last day of employment is 6/16/20, but I will receive my last paycheck on 8/21/20. The principal has said the summer paychecks are technically money owed to us for services rendered, and... Read more »
It is my understanding that the claim will be denied until the dismissal pay period ends, and you will be then forced into creating a new claim. You will be considered unemployed when you no longer receive that paycheck. This would be a similar instance if you were receiving severance pay.
I have been negotiating a new salary with my employer for some time now. Two weeks ago, May 25, he finally proposed a new pay rate and a bonus structure. I took the offer and was told that it would go in effect that very same day. Then a week later, he came with a different pay rate, which was... Read more »
I work with an NYC agency. I had applied for a senior position a while back and the rules/ regulations mandated my employer to prefer internal candidates. However, senior staff decided to hire an external candidate, without even considering my case (protected class?). This seriously impacted my... Read more »
A violation of your employer's workplace rules/policies regarding internal vs. external hiring - ALONE - does not violate the law. However, if your employer is choosing not to hire you because of your membership in a protected class (i.e., your age, race, ethnicity, gender, etc.), that...Read more »
Work place closed due to coronavirus pandemic. I was on an unpaid leave (family related situation, employer agreed that I can come back to work anytime my situation resolved) when this happened. I was going to start working again at the end of March when the statewide (NY) coronavirus lockdown... Read more »
I feared that if I didn't comply that he wouldn't take me back. After a month of working from home I put my foot down. Obviously he used covid as an excuse for his financial gain and now he is angry. How am I protected in this situation?
Under the Fair Labor Standards Act ("FLSA"), you must be paid for all hours worked. Your employer cannot tell you to collect unemployment in place of paying you for your time worked after you were laid off. Depending on how many unpaid hours you worked, your employer's refusal to pay...Read more »
As per my offer letter, I am non-exempt salaried employee in the state of NY. My employer has me using this app called “Hubstaff” since we’ve been working from home during the pandemic, which tracks clicks and mouse movements and reports an “activity percentage” based on those actions.... Read more »
Typically, deductions from pay are permissible when an exempt employee is absent from work for one or more full days. That does not sound like the case here. If your employer follows through with the deductions and they occur more than a few times, I would reach out to an employment law attorney in...Read more »
I received a call back to work letter. It states I will return back at my previous position and pay. But when I returned they have me doing another job, at the same hourly pay (minimum wage) but no potential for commission. commission makes up for at least 30% of my pay. Can I refuse and collect... Read more »
My current job furloughed me due to the covid-19 outbreak and at present we are still under the lockdown/pause order. My current job offered me my job back but with the order still in place and we have a very small windowless work shop with up to 10 people in the office at a time (3 in my current... Read more »
Is everyone provided PPE and wearing it and the workplace redesigned for social distancing? And testing in place? Look at the EEOC and OSHA websites which define safe workplaces and the duty of employers to provide one. Then report for work and take photos if not against company policy or take...Read more »
Your schedule is 9 to 5. Mon -fri They make you stay home but you have to check in and be on standby. If you get paged out after hours or the weekend they say we don't have to pay you anything for that because we are paying 40 hours pto for the week. I am a non exempt employee and I receive... Read more »
If you are a non-exempt employee (and therefore entitled to overtime if you work over 40 hours per week), what you are describing is unlawful. More information is needed about your employment to determine if you are exempt.
When a salaried employee's pay is cut without advance notice the employer violates New York's Wage Theft Prevention Act and the employer converts the salaried employee to one paid on an hourly basis who qualifies for overtime pay plus. Call an employment lawyer ASAP for additional information.
I have been involved in a bogus lawsuit with a former employer. The main defendant died of cancer in 2019. They originally filed a motion to remove him; then COVID-19 happened and everything was put on hold. Now they have filed a Motion of Order pursuant to CPLR 3217(b) permitting a voluntary... Read more »
Too many pronouns and not enough information. Are you a plaintiff or defendant? If a defendant, do you have counterclaims or crossclaims? There is a usual form for this, and in general, it is in your favor to have this happen. A lawyer could review everything for a few hundred dollars.
Maybe. Is your workplace safe? OSHA compliant? Everyone wearing face masks and social distancing? Are you in compliance with EEOC guidelines to protect everyone? Check their website. Consult with an employment lawyer.
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