Get free answers to your Employment Law legal questions from lawyers in your area.
Even though it's a department of education school and the department of Ed is accommodating teachers, my job is not taking my request seriously nor are they willing to make any accommodation for my religious practice. I was told I would be placed on unpaid leave with no regard to my request... View More
answered on Sep 22, 2021
Your question does not indicate what your religious accommodation request is. Whether your employer's decision to place you on an unpaid leave is unlawful depends on your accommodation request, whether your request eliminates one of the essential functions of your job, and/or causes your... View More
I provided every proof that i wasnt paid for certain jobs , dozens of emails and promises , lately i have been harassed with iron strong evidence that is directly correlated to the fact i asked for my money , is it wise to persue a lawsuit or big employers always win in such cases and it takes... View More
answered on Sep 20, 2021
You're asking excellent questions, but they can't be answered without knowing the specifics of your case. You should contact an employment attorney.
I'm a Healthcare provider in NYS and do not want to be vaccinated. I am being asked to resign. What are the risks/benefits for resignation verses being laid off or terminated? I understand I will not get unemployment
answered on Sep 14, 2021
The main benefit of resignation is that you will not have a termination on your record. For example, when applying for new jobs, many job applications will inquire as to whether you've ever been terminated from a previous job. By resigning in lieu of being terminated, you will avoid any... View More
They said Governor Cuomo made a law that applies to NYC residents and not the rest of NY that is why we did not get paid out our safe and sick time
answered on Sep 9, 2021
Governor Cuomo had the authority to sign laws which the state legislature made for the entire State of New York, including New York City. But he had no authority to give favorable treatment to employees who work in NYC and not give the same benefits to the rest of the state unless it was some... View More
answered on Sep 9, 2021
Maybe. It depends on the circumstances related to the loss of your last job. If you quit the job that will likely present a formidable challenge unless you were constructively discharged. Essentially forced to quit, no other choice, and not your fault. You will want to check with lawyers who handle... View More
Store was closed for co leak and I wasn't notified
answered on Sep 2, 2021
New York City's Code may be helpful. Here is a link:
https://www1.nyc.gov/assets/dca/downloads/pdf/about/FairWorkweek-LawRules.pdf
You may want to review your employee handbook, which every employer should have, although not mandated to have, which might address closures.... View More
answered on Aug 30, 2021
While it might be unlikely, you should discuss with your attorneys who actually know all the facts of your situation.
I live in New York State. The sign on bonus was $250, and the contract states I need to stay with her until December 4th. My workplace is hostile and I need to leave. Can she legally withhold my last paycheck to “repay” my sign on bonus?
answered on Aug 24, 2021
Is yours a "similar payment for the benefit of the employee?" And have you signed an agreement which expressly authorizes the deduction? Take a look at Section 193.1 here:
https://www.nysenate.gov/legislation/laws/LAB/193
Not legal advice. No lawyer client relationship. Good luck.
I have been suspended from my workplace for almost a month due to a security breach. My account was used to make administrative changes to our users via a vpn connection. Upon looking further into my home network I realized an unknown user has accessed my incoming connection Keylogged my system,... View More
answered on Aug 11, 2021
Your employer is not violating the law by keeping you on a leave of absence while the police investigate the security breach. Unfortunately, there is not much you can do in this situation besides wait.
Management didn’t inform the workers and I got sick . I’m still suffering from fatigue, headaches , hair thinning, teeth cracking and joint weakness I haven’t been able to get back to work fully I work once every two weeks because I get exhausted in the stores and can’t keep up. If I... View More
answered on Aug 6, 2021
Consult with a workers compensation lawyer immediately. Although it may be difficult to pinpoint where you contracted COVID, a skilled workers compensation lawyer might be able to tie it to your workplace. Good luck. Alternatively, if you have disabling conditions, ask your doctor about... View More
I'm starting a new job and they want me to sign an Invention Assignment Agreement. A lot of the document legalese goes clean over my head but the wording is intimidating and makes it sound like I won't own anything I create, regardless of the Inventions ties to the company itself. I want... View More
answered on Aug 1, 2021
An employment attorney should advise here, but your question remains open for three weeks. At this point, you could reach out to employment attorneys to discuss. The format of this Q & A board is quick general questions, and it could be difficult for an attorney to offer meaningful guidance... View More
I work in NYC, at will, salaried. My employer requested that I share my diploma and transcripts so that they can share them with immigration officials to help a new hire get a work visa. My employer did not indicate that the request was optional. Can they legally request that? Can they share my... View More
answered on Jul 26, 2021
The USCIS has gotten extremely obnoxious to employers for H1-b visa applications. The unrighteous restrictions placed upon lawful non-immigrant/immigrant employment visa applicants smothers the U.S. economy due to bigotry and ignorance. They used to allow 200,000 H1b visas in the 1990s, but it... View More
im a minor in New York State. I currently work at chipotle Mexican grill. My general manager wants to put me as grill and cook permission, I need to use a knife and operate the grill. Both my parents and I have given them permission to let me. Is it legal if I do grill position
answered on Jul 13, 2021
Please see a link for New York's Department of Labor handbook on the employment of minors in New York State. You'll see a distinction for minors under the age of 16 and then continuing restrictions for those between 16 and 18. Check out pages 10 to 12 I believe.... View More
that they interested in you and you follow all protocol by staying in touch etc. Then they decide to tell you the position has been filled and then you find out they reposted the job. Is there any bias here because they show interest in you and they tell you they filled the position and now it is... View More
answered on Jun 22, 2021
Why not apply for the reposted position?
Many say that it is a very tight job market. An employee's choice. The candidate they selected may have accepted a better offer or failed to show for their first day of work. Human Resources thought the position was filled and here they are. Or... View More
Documents including operating templates created by myself all on my personal laptop not issued through the business. All budgets and analysis's have been created on my laptop. Are any of these documents legally my property considering I created it all from scratch on my laptop.
answered on Jun 20, 2021
It's most likely going to depend on the nature of your employment contract with your employer.
Your best best is to consult with an attorney and have them do a review of your employment contract.
answered on Jun 11, 2021
There are employment law attorneys here who are most knowledgeable in this area, but your question remains open for a week, and you might be losing valuable time or a good opportunity. From a practical standpoint, ask. You have nothing to lose, and it could be preferable to the prospective employer... View More
My company handbook states only non exempt employees have to fill out a time card. The company has now been making exempt employees do so as well, though no revisions have been made to the handbook. They expect us to punch in, lunches, and out for the day. They have also introduced an "early... View More
answered on May 31, 2021
Company handbooks are almost never contracts. I don't recall one which was enforced as a contract. They usually state so in the printed document itself. Handbooks are usually subject to change with or without notice as long as the employer applies the changes to everyone.
More... View More
I just quit my job and they sent me a termination letter. The reason on the letter was “dissatisfied with job.”
answered on May 24, 2021
Termination of employment can be broken down into voluntary and involuntary. So your employer can put voluntary termination. This will come into play when filing for unemployment.
I am a nurse, hired by a company to work in a hospital.
I was fired for no valuable reason. Should I sue the company or the hospital ? Thank you.
answered on May 5, 2021
Additional information is needed to answer this question. If you were hired, terminated, and paid by Company, and placed to work in Hospital, then generally, your "employer" would be Company, not Hospital. However, there are circumstances in which a "joint employer"... View More
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