Get free answers to your Employment Law legal questions from lawyers in your area.
Called once to see how I was than immediately called back stating someone saw me and explain
answered on Apr 27, 2021
It could depend on the timeline and the severity. And those are things that a physician, not an attorney, is qualified to speak about meaningfully. The fact that you were at a hotel, in and of itself, is not evidence of the absence of a disability. Your post remains open for two weeks. Consider... View More 
I work for a Fortune 125 Corporation in Upstate New York and they've always done random, suspicionless drug testing. They fire folks based on a positive test for THC. It's a supplemental insurance company, and I just work in policy service.
I noticed lately that NY labor law... View More
answered on Apr 27, 2021
Have you considered "Harmless Error Doctrine"? You could win the battle but lose the war.
Let me explain. You challenge your termination because marijuana use is legal, they tested you with a positive result, and you were fired in my hypothetical scenario. Technically, you might... View More
NYC Labor Law Question for Medical Practice: (1) If we find proof that a doctor employed by our practice is also working for another practice during their employment contract with us, and during our practice office hours, thus violating the non-compete agreement, are we entitled to collect any... View More
answered on Apr 21, 2021
Your rights will be governed by the employment contract as to the non-compete and time off. You cannot offset your claims against earned salary, or you will subject yourself to labor violations. You need a court case to determine your rights.
My boss gave me a company bonus check for project commissions in my duration. Do I have to report this to Unemployment NY? The check was issued from a payroll account of the company. this isn’t severance it is a bonus owed to me from last years project completion commission percentage. They did... View More
answered on Apr 21, 2021
Yes, you should still report it as income received to unemployment for the week that you received the bonus check.
Limited duty medical assignment cost me promotion even though all my assigned tasks were completed without being effected by medical condition. Work For NYC Sanitation. Passed over for promotion due to being on limited duty assignment (no driving) even though my assigned position doesn't... View More
answered on Apr 13, 2021
You really should speak with an employment attorney. It sounds like you may have a claim.
Underwent knee surgery and have been off from work on a paid short-term disability. I received a job offer while on this leave, do I face any repercussions for giving my two weeks after not having worked in several months?
answered on Apr 7, 2021
Are you "at will" which means that an employer may ask you to leave with or without any reason and you may choose to do so at your will?
By repercussions you are not referring to things like not telling your employer or its insurer all of the facts surrounding your need to be gone... View More
Then they told comp.. the Ime did doctor hurt me and my lawyer at the time did nothing to help me
answered on Apr 2, 2021
One option is to repost under Workers' Compensation here. There's no guarantee that all posts are picked up, but a workers' comp attorney probably wouldn't be able offer very much guidance based on these brief facts. Another option is to reach out to workers' comp attorneys... View More
answered on Apr 2, 2021
Every case is unique, but these actions are usually commenced in the State where the employee works.
Hello , i work for a company for 8 months , they pay a base salary of 400$ a week plus commission, i started working on july 2020 , i made less that 2000$ in commission for the whole year of 2020 , i worked 100 hours a week on regular basis , am i entitled to minimum wage and over time , i logged... View More
answered on Mar 15, 2021
The following link is thanks to New York State's Department of Labor:
https://www.labor.ny.gov/legal/counsel/pdf/payment-of-commissions-frequently-asked-questions.pdf
She is working as a temporary worker at a hospital for an assignment. She was shoved twice and verbally assaulted by the male employee. He was arrested on Friday, but has since been released with no charges per the police. My sister is experiencing trauma from being physically assaulted by this... View More
answered on Mar 15, 2021
Sorry to hear what happened to your sister. If she hasn't already, she should report the incident to her supervisor and request that the other employee be transferred to a different department to reduce the risk that she might run into him again. With regard to bringing a lawsuit against the... View More
They hired me gave me a start date I quit previous job worked for two day they informed me that I was never cleared through the justice center and I have to take off til they did which they did not so I was let go I received the pay for two days worked two weeks later they sent me another check I... View More
answered on Mar 14, 2021
An employment attorney could advise best, but your post remains open for three weeks. As a GENERAL premise, overpayment to a payee will generally result in a legitimate claim by a payor to demand return of overpayment - whether that payor is a bank, insurance company, or other entity. Based on your... View More
My wife got pregnant and in January (3 months) I informed my employer and asked if I could work from home. (Currently I work in our office 4 days a week on a IT help desk answering calls and going to users to fix technical issues.)
My wife’s Dr. wrote a note advising that if possible... View More
answered on Mar 10, 2021
The ADA does not apply to you here, so there is no legal obligation for your employer to honor a request for an accommodation of working from home due to your wife's pregnancy. If you entered into a contract agreeing to give 90 days' notice of your resignation, and you resign... View More
I am 50 and I just got my EMT certification (NYS) I had an interview yesterday. They asked if I ever had any moving violations and I said never. He then asked when I started driving and I said when I was 16. That should’ve been the end of his questions but then he went on to ask me how long... View More
answered on Mar 10, 2021
You may or may not have a claim. It is illegal to hire, fire, or base any term or condition of employment on age.
Being able to prove it is another thing. See what happens and if you do not get the position, it would be best to contact an employment attorney with experience in... View More
I work at Amazon and drive a Yard horse. Smart drive saw me flip someone off and emailed the boss.
answered on Mar 8, 2021
New York State is not a right to work state, it is an employment at will state.
Your employer can terminate your employment at any time for any reason,
so long as it is not discriminatory, in violation of Title VII.
If you are a member of a labor union, perhaps your union... View More
All talent that we represent must either be a US citizen or have the
right to work within the US. In order to work in the adult industry in
the US two forms of US issued id's are required
answered on Mar 4, 2021
That’s the law. You must be authorized to work. Those who are lawful permanent residents have the right to work, as well.
An employer has no obligation to petition someone for a work visa. The law requires the U.S. employer to first seek someone with the minimum requirements for the job... View More
Hello -- I am a startup founder in NYC looking for an employment lawyer who can answer a few clarification questions about our hiring. We are an app-based cleaning company hiring independent contractors as cleaners that will be matched to customers on our platform. The contractors choose their own... View More
answered on Mar 3, 2021
Employees are paid a regular wage, receive employee benefits, have taxes withheld from those wages, and they have their work time, location and schedule dictated by the employer.
Independent contractors are paid for projects and pay their own taxes. They work when and where they want. For... View More
So I am wondering, will she be legally in trouble for having my buisness under her name and filing for unemployment? We live in the New York area. I am doing all the work and stuff just under her name so the buisness can be made
answered on Feb 16, 2021
Unemployment requires that everyone who intends to be self-employed discloses that fact to the DOL when they first apply for benefits.
It does not matter if someone earned no money from their business while unemployed. The key factor is disclosing an applicant's intent up front. DOL... View More
The program is for promotional growth and advance. Higher pay and higher position. I was accepted and then taken out of the program. I have not received any disciplinary charges still and that's why they saying I was removed from the promotional opportunity.
answered on Mar 5, 2021
It is possible that this could be classified as whistleblower retaliation.
An attorney experienced in this area can help you.
Please note that this answer is not intended to provide legal
advise, merely to provide an opinion.
Does a Telehealth company need to meet particular requirements to contract a 1099 ecg technician to service a medical primary care providers patient population on the behalf of the primary care physician?
answered on Feb 10, 2021
Regardless of what the parties call themselves, an employee is an employee. Many employers misclassify employees as 1099 independent contractors. Maybe the following example will help.
When most people hire plumbers, the hiring persons are not in the plumbing business. A licensed plumber,... View More
I've worked for this company for nearly 7 years and their payment history is very uneven.
answered on Feb 10, 2021
The following link from the New York State Office of Courts should help:
http://www.nycourts.gov/courthelp/SmallClaims/index.shtml
Are you sure that you are a 1099 contractor and not an employee? Even if employees and employers agree, in writing, that someone is a 1099 contractor... View More
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