V. Jonas Urba's answer 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 the point. The fact that you think they should have been licensed indicates that they probably did not have their own business nor other customers, probably did not decide how, how much, or when they...
V. Jonas Urba's answer 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.
Kristen Epifania's answer In New York, petit larceny is a misdemeanor that carries a sentence up to one year in jail. If convicted, you will have a semi-permanent criminal record. A petit larceny conviction will, at the very least, remain on your record for ten years, when you will then be able to apply for a sealing if you meet the eligibility requirements. Keep in mind that just because you are arrested for petit larceny, it does not mean that you will be convicted.
V. Jonas Urba's answer Have you asked your union, assuming you belong to one? Your union contract protects everyone. It's called a collective agreement for a reason.
If you have no union and you continue working for the lower pay have you ratified that? Meaning agreed to it?
If you have no written, signed contract of employment, privately, and are paid above minimum wage and overtime what would your cause of action be? Consult employment lawyers to review your documents including the above issues.
Kristen Epifania's answer If your employer is in the same state where you were convicted, then a felony conviction will likely appear. If it is in a different state, there is a possibility that it may not show up.
V. Jonas Urba's answer Are you at will? No contract? You might get back pay and then be fired again. Employers need no reason at all to fire at will employees. If you are not happy with this job find another one first before quitting this one.
V. Jonas Urba's answer You can be fired for a good reason, bad reason or no reason at all as an "at will" employee. If you are non union, non civil service, or do not have a written contract of employment you are probably at will. Being in the bathroom is not an illegal reason to fire someone unless you told your employer about some medical condition which might require extended bathroom time. Unless you were told that excess bathroom time could get you fired you should be able to recover unemployment, barring gross...
John J. P. Howley's answer It is possible (but very difficult) to obtain a temporary injunction in an employment termination case. You must present evidence that: (1) you will likely win the lawsuit; (2) that you will suffer "irreparable harm" if you are terminated; and (3) the equities are balanced in your favor. A lot will depend on the facts of your case, including whether you are a union member, whether HRA has other grounds to terminate you, etc.
The most difficult part is proving "irreparable harm." You...
Kelli Y Allen's answer From an immigration law standpoint, as long as you are not doing anything to earn the income, you're fine. So you can own property, invest in stocks, etc. but you can't be "working".
Bullying laws do not apply in workplaces unless you work in a school. There are no civility codes at work unless your employer has policies to prohibit such conduct. Was the "bullying" because of your age, race, national origin, gender, sexual orientation, marital status, disability, etc.... classes to which you belong as protected by Title VII of the Civil Rights Act of 1964, ADA, ADEA, FMLA, NYC Human Rights Law, NYS Human Rights Laws or other?...
Charles Joseph's answer While your employer can require tipped employees to pool their tips, the tip pool can never include owners or managers. A valid tip pool also should not include employees who typically don’t receive their own tips, like dishwashers.
If the owner is taking part of your tips, that is illegal, and you should contact an experienced employment attorney to discuss your options.
You can read more about the rights of tipped employees at...
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