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New York Employment Law Questions & Answers
1 Answer | Asked in Employment Law for New York on
Q: i would like to directly speak to an attorney in reference to the detailed information below

i was given an impromptu meeting in regards to a allegation of creating a hostile work environment...after i was suspended for five days without pay....the meeting brought forth no evidence of the allegation as no witnesses were called and more importantly my private medical issue with there very... Read more »

Brian Greben
Brian Greben answered on May 16, 2022

You should contact an experienced employment/labor attorney to go over the details of your case. From the small amount available in this public forum, it certainty sounds like you have reason to be concerned.

1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: Should HR have disclosed my identity to my subordinate upon filing a discrimination incident report against him?

I work for a state government office. One day, my subordinate began loudly uttering (using profanity), derogatory remarks about another worker whom has a slight mental disability. He was threatening to "tell him off" if approached by the other employee, and was making negative comments... Read more »

Tim Akpinar
Tim Akpinar answered on May 12, 2022

I'm sorry your question remains open for two weeks. You could repost under the "Employment Law" and "Employment Discrimination" categories instead of "Uncategorized." There's no guarantee that every question here is answered. Some questions do go unanswered.... Read more »

1 Answer | Asked in Employment Law for New York on
Q: MTA LIRR worker here…. Can I be fired for medical cannabis use on my off time???
Tim Akpinar
Tim Akpinar answered on Apr 25, 2022

This is not really a medical malpractice matter; it is something that an employment law attorney would probably have the strongest insight into. You could repost under the Employment Law category. There's no guarantee all posts are picked up, but there would probably be better chances of a... Read more »

1 Answer | Asked in Employment Law for New York on
Q: Are there a number of consecutive weeks a parttime worker has worked 38 hrs or more where they can be made into fulltime

I am a part time employee working 38+ hours a week and believe that there is something that would constitute my job into full time with benefits at

V. Jonas Urba
V. Jonas Urba answered on Mar 5, 2022

Carefully review your employee handbook and/or all of your employer's policies. Although those policies, rules or guidelines usually do not form contracts most intelligent employer's will follow them. The reason for doing so is that employers will refer to those policies and use them in... Read more »

1 Answer | Asked in Employment Law for New York on
Q: My job offer letter states that it can not be amended or modified except by written agreement signed by the employer an

My job offer letter states that it can’t be modified or amended except for written agreement signed by the employer and myself.

Can the employer modify the agreement after my start date and compel me to comply if I don’t agree and sign.

V. Jonas Urba
V. Jonas Urba answered on Mar 4, 2022

An offer letter is different from an employment contract. Most offers are "at will." The employee can leave or employer can ask the employee to leave. No reason is needed for either employee to quit or employer to end the "at will" relationship.

Signing an offer letter...
Read more »

1 Answer | Asked in Employment Law for New York on
Q: Could I sue my employer for negligence? Today a person got injured as a result of jobs negligence we where moving heavy

This is only one possible lawsuit worthy instant there are many other things such as not being paid on time.Sometimes not getting paid for time that was put in and there was also a promise for health care in my contract that wasn't fulfilled as of yet. The place I work at cost 1.5 billion... Read more »

Tim Akpinar
Tim Akpinar answered on Feb 23, 2022

This is something that the employment law and workers' comp attorneys here would know best, but your question remains open for two weeks. In general, employees injured in the course of their employment usually go through workers' comp insurance for their medical expenses and lost wages.... Read more »

1 Answer | Asked in Employment Law for New York on
Q: 10/3/18 - signed a "non-solicitation" that blocks specified services. Is this non-compete and should follow MNAA?

NY employee started with Mass employer on 10/1/18 (first day of Mass MNAA). On 10/3/18 employee signed a "Non-Solicitation Agreement" on third day of employment without any advanced notice of the agreement in the offer letter. For 18-mo employee cannot "render any management-related... Read more »

V. Jonas Urba
V. Jonas Urba answered on Feb 23, 2022

"Employee wants to take clients they brought into the company" is a red flag. If employee had been acquainted with or done business with a client before accepting employment with a company that might be ok? But the "ok" depends on what the employee did prior to accepting... Read more »

1 Answer | Asked in Employment Law for New York on
Q: Is it legal for the Dr to record patients and employees without their consent? Is it a HIPAA violation?
V. Jonas Urba
V. Jonas Urba answered on Feb 10, 2022

HIPAA protects patient identifying information and medical information associated with patients from being shared with others who are not authorized to view or listen to that information.

New York State is a one party consent state when it comes to recording anyone. You may recall a now...
Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Employment Discrimination and Employment Law for New York on
Q: Can a person be discriminated because of their religion at their place of employment.
Lisa I. Fried-Grodin
Lisa I. Fried-Grodin answered on Feb 4, 2022

It is unlawful to discriminate against an employee based on their religion under both federal, NY and NJ discrimination law. You should consult with an employment attorney to discuss your matter further and get advice on how to address this.

1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: Can I take legal action against a current employer when I expressed repeated unsafe workplace activities?

Good evening,

I have an ongoing concern at my current workplace that does not seem to be changing. And I am seeking legal advice.

I have written a statement to a current employer about harassment, unprofessional discriminatory comments, and unsafe distribution activities with heavy... Read more »

Jordan T. Newport
Jordan T. Newport answered on Jan 24, 2022

First of all, I would like to tell you that I'm sorry that you are having to go through these things at your workplace.

As for the harassment and the discriminatory comments, largely, these will be lumped together as to how they are treated in the legal context. To constitute either,...
Read more »

1 Answer | Asked in Employment Law for New York on
Q: Will I be eligible for unemployment benefits in New york state?

I have had a bit of bad luck over the last year. First, I started working remotely from NYC for a nonprofit in Africa from 01/Feb/2021 till August 2021; I was let go on no fault of my own. Then I started working for a company in Austin, Texas as a full-time employee from November till yesterday and... Read more »

V. Jonas Urba
V. Jonas Urba answered on Jan 24, 2022

You should qualify if you earned the minimum required gross income in two full quarters. They go back either 4 or 5 quarters for calculating earnings which applies for anyone performing services in New York. It's state law overseen by the NYS DOL.

Remember that all employers must...
Read more »

1 Answer | Asked in Employment Law for New York on
Q: Can a sick note that my doctor wrote on his prescription pad with all his information on it be rejected by my employer?

I recently got over a relatively bad case of covid and provided my employer with a doctors note. My doctor wrote it out on his prescription pad and gave it to me to submit. I was told today that “payroll” won’t accept a doctors note written on a prescription pad, meanwhile his prescription... Read more »

Lisa I. Fried-Grodin
Lisa I. Fried-Grodin answered on Jan 18, 2022

If the note wasn't signed, that could be why the employer is questioning it. If that is not the case or your employer takes some adverse action due to you being out sick with Covid, you should talk with an employment lawyer.

2 Answers | Asked in Employment Law and Business Law for New York on
Q: I have a small cleaning business in NY and I want to send people out to clean.

At this point, I don't have a large clientele, so I would like to take on people as I get the jobs, like gigs. It seems like the best way to go would be to take them on as independent contractors instead of employees until I have more steady work for them. How would I go about this and what... Read more »

V. Jonas Urba
V. Jonas Urba answered on Jan 17, 2022

They will be your part-time or as needed employees. You will need to insure them as such and withhold taxes for them and comply with all DOL laws.

If they were independent they would have their own cleaning businesses, would advertise, would have their own business websites or bank accounts...
Read more »

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3 Answers | Asked in Civil Rights, Contracts and Employment Law for New York on
Q: Settled a breach of employment contract. no payment till after I dismiss. Should i trust that? Shouldn’t i be paid firs?

I was due a 10k sign on bonus after a year of working with this company. They agreed to pay it but never did so I quit, they then used that as a excuse to not pay me. Now we’ve settled the lawsuit out of court & they want me to dismiss first then they would pay me. Shouldn’t I get paid... Read more »

Lisa I. Fried-Grodin
Lisa I. Fried-Grodin answered on Jan 17, 2022

I don't ever file a dismissal of an employment law claim brought by my client before the settlement is paid. The settlement agreement should have language discussing a procedure for you agreeing to withdraw within a certain amount of time after getting paid. If you did not have a lawyer when... Read more »

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1 Answer | Asked in Employment Law for New York on
Q: My employer told me that they be reaching out to NYS DOH licensing department after I said I quit

I recently quit my job through an email and my employer responded saying that they’ll be following up with nys doh licensing department on the matter. I guess my question is, what does that mean? By the way I’m a licensed registered nurse

V. Jonas Urba
V. Jonas Urba answered on Dec 27, 2021

I believe New York State's Department of Education licenses nurses. Check your licensure status, make sure you have complied with all continuing education requirements and reporting if there are any incidents which require your disclosure or reporting to the licensure Board.

Review any...
Read more »

2 Answers | Asked in Employment Law and Personal Injury for New York on
Q: Can my employer lower my wage as a result of me getting a hernia injury when part of my job duties are heavy lifting.

I have a medical history and had this same injury before at the same job. They are aware of my medical conditions and have been for 6 years. It never was a problem until it went under new ownership this last year.

Tim Akpinar
Tim Akpinar answered on Dec 26, 2021

An employment attorney could advise most meaningfully on the element of your wages; as to the Personal Injury category you posted under, this may be something closer to workers' comp than personal injury. If your injury took place within the course of your employment, you may want to consider... Read more »

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1 Answer | Asked in Employment Law and Employment Discrimination for New York on
Q: Physician Noncompete agreements: How enforceable are they? What are the consequences for breaking them?

I signed a noncompete that says I can’t work for 2.5 years and 15mi from the office location in Nassau county. I want to work for another group.

V. Jonas Urba
V. Jonas Urba answered on Dec 6, 2021

About 5 years ago I conferenced with a physician who had worked for an organization for approximately 25 years. The physician was very highly compensated. This physician appeared "burned-out" and simply wanted a change of pace. The unfortunate part was that the employer had invested... Read more »

1 Answer | Asked in Contracts and Employment Law for New York on
Q: My employer gave us a project that superseded our job description & paygrade, but won't pay us more. Is this bad faith?

My company promotes itself widely and publicly as "living its values," which include accountability, respect and trust and of course DEI. After not getting a bonus, I sought equal pay for the work -- touting those values. I was rebuffed and told it was "skill-building." When I... Read more »

V. Jonas Urba
V. Jonas Urba answered on Nov 9, 2021

Are you referring to a collective bargaining agreement? Such agreements should protect all covered employees. And those agreements must be followed as drafted, reasonably interpreted and fairly applied to all covered employees. A breach of a duty of fair representation aka a DFR claim might be... Read more »

1 Answer | Asked in Employment Law for New York on
Q: the company can fire me because my health condition (cold allergy) ??

it's been 1 month that I'm in this new job. it's a warehouse and they have 3 zones there: ambient, chilled and frozen.

everybody needs to stay 2 hours in the frozen zone (they provide special clothes)

but I have cold allergy ( it's kind of rare urticaria, and... Read more »

V. Jonas Urba
V. Jonas Urba answered on Nov 2, 2021

A suggestion might be to launch the interactive process.

What's that? You request a reasonable accommodation based on your "disability" which does not cause your employer an undue hardship. Remember that you must be able to perform the essential functions of your job with or...
Read more »

1 Answer | Asked in Cannabis & Marijuana Law, Employment Discrimination and Employment Law for New York on
Q: How does the process for pre-employment drug screening work with marijuana for remote work positions?

I received a offer from United Health Group and the preemployment process has a standard drug screening which includes marijuana. I reside in NYS. Would my offer be rescinded if the drug test comes back with positive marijuana if the employer resides outsides of NYS?

V. Jonas Urba
V. Jonas Urba answered on Oct 31, 2021

No more Cannabis testing in New York except in special circumstances. See this link:

https://www.ny1.com/nyc/all-boroughs/politics/2021/10/22/new-york-employers-are-banned-from-testing-most-workers-for-weed

Apply for the job honestly. Complete all questionnaires, etc... honestly....
Read more »

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