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 »
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 »
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 »
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 »
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 »
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 »
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?
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 »
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 »
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 »
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 »
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.
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 »
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 »
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 »
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