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New York Employment Law Questions & Answers
1 Answer | Asked in Employment Law for New York on
Q: As The state opens, am I legally obligated to hold a staff position if that staff member refuses to return to work ?

We cannot work from home

V. Jonas Urba
V. Jonas Urba answered on May 5, 2020

Maybe. Is your workplace safe? OSHA compliant? Everyone wearing face masks and social distancing? Are you in compliance with EEOC guidelines to protect everyone? Check their website. Consult with an employment lawyer.

1 Answer | Asked in Employment Law and Immigration Law for New York on
Q: Pls help with e- 9 verification details. My job gonna terminate me

I have been granted asylum with an I 94 that says asylum granted indefinitely. My work permit is expiring and I couldnt renew it because of the pandemic. My employer said that I need to submit new e9 employee verification to continue working. Uscis website say I dont need work permit coz of asylee... Read more »

Ian M. Seruelo
Ian M. Seruelo answered on May 5, 2020

An employee can present a List A document OR a combination of List B and C documents. Your EAD card is a List A document. Without it you can present a combination of List B and C documents. So you can present you Drivers License (List B document) and your Social Security Card (List C document).... Read more »

1 Answer | Asked in Employment Discrimination, Employment Law and Immigration Law for New York on
Q: Should I can cancel my unemployment weekly benefits , because it can affect getting a new 0-1 visa or a green card ?

how do I cancel my unemployment weekly benefits? Do I need to call ? Or stopping claim?

Sorry for some many questions!

Thank you

Robert Roy Klein
Robert Roy Klein answered on May 3, 2020

Unemployment is not considered under the public charge rule and has no effect on a green card.

2 Answers | Asked in Employment Law for New York on
Q: I currently work from home as per employer instruction. Can they force me to return to work during the epidemic?

I'm 61 yrs old and I'm at contagion risk due to medical history (overweight, type 2 diabetic) if I have to commute since I would need to take a bus & subway to my job.

Ronald Joseph Kim
Ronald Joseph Kim answered on May 2, 2020

If you can effectively work from home and your employer instructs you to return to work and you reasonably believe that this places your health in jeopardy, I would recommend that you request the reasonable accommodation of continued work at home or telecommunting.

Whether your employer...
Read more »

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2 Answers | Asked in Employment Discrimination, Employment Law and Immigration Law for New York on
Q: I’m here with 0-1 visa ! I applied for an unemployment weekly benefits!! And I got my first payment!

Getting the payment and apply for an unemployment can affect me getting a new working visa in the future??

Thank you

Leonard R. Boyer
Leonard R. Boyer answered on Apr 30, 2020

Yes, that could negatively affect your obtaining a work visa.

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1 Answer | Asked in Employment Law for New York on
Q: i have a question on information i have received while i'm on furlough i'm getting demoted when we return w/o reason

I was called by my direct supervisor that they want her out of corporate dept so they offered her my management position without reason.

V. Jonas Urba
V. Jonas Urba answered on Apr 30, 2020

See what happens after you return from furlough and gather as much information when that happens. If your pay stays the same, is that an adverse employment action? You will not know until you return and get all of the details. If they ask you to sign or agree to something speak with a lawyer before... Read more »

1 Answer | Asked in Employment Law, Energy, Oil and Gas and Libel & Slander for New York on
Q: Professional reputation damage control (Cease & desist letter? To who/what company? Better options?)

Terminated from contract role after weeks of increasingly hostile treatment from my supervisor (partner at the firm) & another project lead (new contract worker. Old friend of supervisor). I received entirely positive feedback for months until they botched a proposal and lost the client. The... Read more »

V. Jonas Urba
V. Jonas Urba answered on Apr 29, 2020

It's also a huge city which is actually very small. Professionals rarely have time to ruin other professionals' lives. They also don't want to give some law firm ammunition for a lawsuit. Remember, it's a one-party consent state to record others so I assume that I am being... Read more »

2 Answers | Asked in Business Law, Employment Law and Internet Law for New York on
Q: my job (a retail company) is requiring us to write online reviews on the products sold on the site. Is this illegal?

Can I refuse? We are still employed - my job has 50 and or less employees

Michael David Siegel
Michael David Siegel answered on Apr 27, 2020

Is it illegal? No. Is it sketchy? Yes. Can you be fired for not doing it? Maybe. It would be hard to prove improper conduct by the employer.

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1 Answer | Asked in Employment Law for New York on
Q: Is it legal for restaurant owner at shutdown to ask employees to file for benefits then ask them to volunteer to work?

They were promised a bonus when they would reopen for full service and a chance at a promotion.

V. Jonas Urba
V. Jonas Urba answered on Apr 26, 2020

Volunteering during COVID is not legal especially if someone keeps working collecting benefits. That is unemployment fraud and it violates the minimum wage laws.

2 Answers | Asked in Employment Law for New York on
Q: Can an employee sue me for letting him go buisness is slow because of covid 19 and i cant afford to pay him

i have a small buisness and cant afford to pay my employee and hes telling me that if i let him go hes going to sue me. he is an illegal immgarnt

George E. Patsis
George E. Patsis answered on Apr 26, 2020

New York is an employment at will state, meaning that an employer can fire an employee without any notice at any time for any reason or even no reason at all. There are some exceptions to this rule, the details of which I recommend you discuss with an attorney as they can be very fact specific.

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2 Answers | Asked in Employment Law and Immigration Law for New York on
Q: Work authorization was valid when I applied for benefits. It has been expired but I applied for new one. Claim benefits?

When I applied for my unemployment benefits my work authorization was valid. During the time when I was getting benefits my work authorization expired. I have applied for work authorization Renewal. Can I get my unemployment benefits after I applied for a new unemployment authorization?

Adan Vega
Adan Vega answered on Apr 26, 2020

In general, you must have a valid work permit or any immigration status that allows you to work to request unemployment benefits.

You must be authorized to work at the time you apply for the benefit, throughout the time you receive the benefit, and also during the “base period” prior...
Read more »

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2 Answers | Asked in Employment Law, Family Law and Employment Discrimination for New York on
Q: NY - Paid Family Leave (PFL) retaliation/discrimination to bond with my child.

I live & work in NY state. I applied for Paid Family Leave (PFL) to bond with my 4 months old. I notified to my employer on 04/20/2020 via email mentioning my leave start date (04/27) - end date (07/06) for 10 weeks. My employer did not responded to my PFL request for over one week but suddenly... Read more »

Derek John Soltis
Derek John Soltis answered on Apr 25, 2020

What you posted is really screwed up, but in the light of the Corona virus people are being fired left and right just because there is no work. I wish I could give you a road map to follow. But, no attorney can tell you what to do without a consultation. If you want specific advice talk to an... Read more »

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2 Answers | Asked in Employment Law and Immigration Law for New York on
Q: Can I get my unemployment benefits if I just applied for work permit renewal?
V. Jonas Urba
V. Jonas Urba answered on Apr 24, 2020

An immigration lawyer is probably the best person to address your question since those of us who do not practice immigration law are unaware of laws governing work permit expiration or at what point it is mandatory to renew your work permit, consequences for allowing a work permit to expire if that... Read more »

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1 Answer | Asked in Employment Law for New York on
Q: If the person is already on unemployment, then gets a settlement after 30 days. Can he continue the unemployment?
V. Jonas Urba
V. Jonas Urba answered on Apr 18, 2020

If at least 30 days pass between an employee's date of separation and their first payment of severance or dismissal pay then the severance or dismissal pay should not affect unemployment benefits so long as the person otherwise qualifies for unemployment benefits. This is a general statement... Read more »

1 Answer | Asked in Employment Law for New York on
Q: HQ is in NJ I work in NYC office Got laid off Unused vacation days Should be paid? Which state law will be used?

I was laid off from my job. The company HQ is in NJ, but I worked out of the NYC office. I had unused vacation days. It looks like in NY employers are required to pay employees for their unused time but in NJ they are not. I’m curious as to which jurisdiction this situation lands in?

V. Jonas Urba
V. Jonas Urba answered on Apr 16, 2020

I am not licensed in New Jersey. If you live in New Jersey word has it that unemployment benefits are higher there.

The place of your work generally governs the laws that apply to employers. The place of your residence may qualify you for state benefits since you pay taxes one way or...
Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: I work for a recycling company that is laying us off in June and currently providing us with no protections

I work for a recycle company that is currently still in operation but laying us off in June and are taking no precautions and no supplying use with masks or no sanitation items or disinfectant can I quit for good cause now and be eligible for unemployment I have many health issues along with my... Read more »

Carrie Dyer
Carrie Dyer answered on Apr 15, 2020

If you work for a company that is considered an essential business, there is no obligation on the part of your employer to cease operations, even if you feel that you are putting your health at risk. If you quit before you are laid off, you may not be eligible for unemployment benefits. Whether... Read more »

1 Answer | Asked in Employment Law for New York on
Q: I had a question about unemployment and 401k
V. Jonas Urba
V. Jonas Urba answered on Apr 12, 2020

Apply honestly for unemployment benefits. If your employer is not insisting that all employees and customers cover their faces tell DOL that. If you qualify honestly for $1 of state unemployment you should recover $600 a week in federal unemployment benefits but only until atbvb the latest July 26,... Read more »

1 Answer | Asked in Employment Law for New York on
Q: Can an employer demand that their employee not work as a firefighter because of COVID-19 concerns?

My sister lives in a small town in upstate NY. She works at a bank and has been a volunteer firefighter (most of the department is volunteer) for years (long before she got the job at the bank). Her boss at the bank has said she is not allowed to go on fire calls anymore because of fears she may... Read more »

V. Jonas Urba
V. Jonas Urba answered on Apr 11, 2020

Sounds ridiculous. I hope the bank demands that everyone including customers and employees wear masks. I believe that is now mandatory in retail establishments. And even if it were not any reasonable employer would require employees and customers to wear face covering today.

If the bank...
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Q: My religion says I cannot cover my face. Am I obligated to wear a face mask? I work for a mental health agency?

I work in a house with 3 individuals who reside there. I work overnight so they are sleeping in there rooms. Head nurse wants all staff to wear masks. Due to my religious believes I cannot wear one. What do I do?

V. Jonas Urba
V. Jonas Urba answered on Apr 9, 2020

I don't know. If I were a patient and you refused to wear a mask and I got sick there would probably be a big lawsuit. If you are not staying at least 6 feet away FROM EVERYONE except those you live with you are endangering other people's lives. Does your religion allow you to do that and... Read more »

1 Answer | Asked in Employment Law for New York on
Q: Terminated & received 3 extra wks pay, employer demanding repay, but i lost 3 wks of unemploy benefits > than overpay
V. Jonas Urba
V. Jonas Urba answered on Apr 7, 2020

If your unemployment is related to COVID-19 you should eventually receive benefits from the day you lost your job. The new unemployment laws are being amended almost daily. Almost everyone now qualifies for some type of unemployment unless they receive paid leave or can work from home and get paid.... Read more »

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