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It’s a private internship
answered on Feb 1, 2021
It will depend on the State you are in. If you are in NYS, it's likely that your employer's (random) drug tests at work will be justified. They have the obligation to maintain health and safety for other employees. Although their action in response to a test result (expecially when... View More 
I AM NOT, a violent person, and I DID NOT, hurt this dog! I was at work, and a customers dog was off the leash. A Big mastiff, type of dog! Im trying to work, and this dog is circling the shop, growling, and barking at me. I value my own life, and safety over this dogs! The day before, I asked this... View More
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answered on Jan 30, 2021
You should avoid hurting an animal if possible. If you are attacked you can use force to stop the attack and to avoid further injury.
I am a salaried exempt director for a NFP. am being told that my position must be moved to an hourly rate because they cannot afford to meet the State minimum required salary for exempt salaried employees. I have held this salaried exempt position since accepting in 2013. In addition, I may not... View More
answered on Jan 29, 2021
Call employment lawyers immediately to discuss. Smart employers pay hourly plus overtime for any employee who the employer suspects may not be exempt.
Remember that salaried employees have to meet the job duties test as well as the minimal salary requirements. Under federal laws the salary... View More
have salary inequity concerns at a private university in NY. i would like to request information on my peer's salary to assure indeed i am paid equitably. what are the wage transparency laws? can i legally request this information from my employer? my employer is a federal contractor
answered on Jan 26, 2021
Under New York State Laws only civil service employees have access to their own and colleagues' personnel files. Private organizations don't even have to provide access to employees' own personnel files under New York Labor Laws.
You ask a very timely and valid question. We... View More
answered on Jan 26, 2021
No lawyer can answer your question without reviewing your agreement. We speak with you first to get an idea about the work you do, the industry you are in, and what you plan to do. Sometimes you may be required to place both your current employer and your future employer on notice of the... View More
My employer made me sign a contract stating I must give them 90 day notice before leaving. I find it excessive and I want to know what would I happen if I leave before. Also, that even if I give them the 90 notice but I take days off between the time I hand in my notice and my last day, I must work... View More
answered on Jan 12, 2021
This sounds like a “Garden Leave Provision.”
It’s not like you can be stopped from leaving, so the question is whether it’s enforceable, and if so, what are the damages they deserve for an employee breach of that particular demand.
An attorney would probably need more... View More
Hello! Would one of the following be enough proof of self employment to qualify for PUA (pandemic unemployment assistance) ? : a check I received for a private lesson I taught in November 2020, check I reveived for a photo session I did in December 2020. I am a self employed actor and photographer.... View More
answered on Jan 10, 2021
The Department of Labor determines what proof you must provide. They can request more if it's not clear.
If you are denied benefits make sure to TIMELY request an administrative hearing before an ALJ. I think all hearings are telephonic. You can then compare your claim file with any... View More
i was hired as a cook in a kitchen and i was involved in a car accident (Not Job Related) which caused me to be out of work for six months.Upon my return to work i sent them all my doctors notes and letters with a date of return i was informed that their are no more positions in the kitchen and... View More
answered on Dec 9, 2020
If you were "at will" they needed no reason to terminate you.
It looks like you may have been disabled. At least temporarily. The FMLA would have protected your job for at least 12 weeks. You would have completed FMLA paperwork if your employer had more than 50 employees and if... View More
or my eligibility is based on the amount of severance package i received divided by $504 and then i can apply? Severance is paid in lump sum
answered on Nov 17, 2020
Will severance, dismissal or termination pay be made prior to 30 days after your termination or severance date? If yes, you will need to disclose this pay to the DOL and your unemployment benefits will begin after your severance pay is "exhausted" based on your earnings. An employment... View More
I have had ADD many years. I have a expired IEP. I have had bad years of lack of focus. I want to go back to treat it with medication. However I have seen ADD is not on the list of disabilities a company has to offer accommodations for and can not penalized you for .
answered on Nov 8, 2020
Generally, if you have no employment contract, you are not union represented, nor do you work for the government, you are considered "at will." The overwhelming majority of employees across the entire United States are "at will." That means that they can be fired for a good... View More
The parent company recently bought a similar company to the one I work for now and they are taking over all areas and top mgmt is being filled with their people. Many people are being fired. No communication is being shared as to how the team is being selected. It is supposed to be a merger but a... View More
answered on Oct 30, 2020
Your question deals with employee choice doctrine. If you accept money then you are bound by the non-compete terms no matter how severe or possibly illegal.
If you choose not to accept the severance pay and are being fired through no fault of your own then the non-compete itself might be... View More
At my work I put in for paid family leave of absence and the only one I told about it was human resources. A few days after some of my fellow coworkers we’re coming up to me saying I heard you were taking a leave soon? Do I have any recourse against the company I work for being that human... View More
answered on Oct 16, 2020
What are your damages? It's one of the first questions an employment lawyer is trying to answer when they speak with you in an initial telephone conference.
Was there an adverse employment action? You were not terminated nor were you demoted with a loss in pay or passed over for a... View More
answered on Oct 14, 2020
It depends on how the judgment that caused the execution was derived, and whether your employer will cooperate.
answered on Sep 26, 2020
An employment attorney could advise best, but your question remains open for two weeks. Until you are able to consult with an employment attorney for meaningful guidance here, you could see whether the company policy or other guidelines address the return of these items. As a PRACTICAL matter if it... View More
answered on Sep 25, 2020
It depends.
You are not eligible to receive unemployment benefits if you are receiving dismissal/severance pay at a rate that equals or exceeds the maximum weekly unemployment insurance benefit rate.
However, if your weekly severance payments are less than the maximum unemployment... View More
The company has an address in CT and rents office space in Manhattan where their NYC employees report to. Salaried employees get paid $25-$40K per year and do not get paid overtime. Employer rationale is that they are not a NYC employer because they're based in CT.
answered on Sep 23, 2020
Sounds ridiculous.
Every employer who does business in New York State must comply with New York State's Labor Laws. Any employer who does business in New York City must comply with both New York State's and New York City's Labor Laws.
No full time employee earns less... View More
I've encountered over a dozen so far. They ask for female _____ or a black or latinx _____ directly, for example. Some just say "preference for African American".
How the hell is this legal?
Is there no legal way to stop this blatant discrimination.
If I can... View More
answered on Sep 23, 2020
There certainly is. You copy the posting everywhere you find it. Then you apply for the position. If you meet the posted qualifications and you are not hired you have a claim.
FYI. There are professional plaintiffs out there who look for discriminatory postings around the country and... View More
The company I work at is majority female run. My department head is female, my manager is female, and my counterparts are female. All HR personal are female. My title is the same as my female counter parts, as are my roles and responsibilities. My effort and performance is on par or better, and I... View More
answered on Sep 22, 2020
Maybe. Your sexual orientation or identity makes no difference regarding the application of federal or state laws. You should discuss this issue with some employment lawyers in confidence. There are many different ways to approach it. Skilled employment lawyers may be able to help you.
I have worked for a company for 2 weeks. They only paid half of my wages but they helped me with accommodation and transportation from house to work place. We did not make any contract, I did not sign anything but working hours and pay rate were written on an application. I had to leave the country... View More
answered on Sep 17, 2020
Everyone in New York State is entitled to be paid no less than minimum wage for all labor which an employer permits an employee to suffer. However, an employer is also entitled to recover any loans or advances to which employer and employee agreed. Some lawyer will need to review all documentation,... View More
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I have not received test results and I have been working in biohazardous conditions that were not outlined in my contract. I also cannot return home yet since my father is battling a 9/11 related cancer and is extremely... View More
answered on Sep 12, 2020
An employment attorney should advise on your matter, but you await a response for a week. In addition to reaching out to an employment law attorney, you could also consider consulting with a workers' comp attorney to learn about whether the nature of your job duties might possibly be relevant... View More
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