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
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...Read more »
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...Read more »
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...Read more »
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?
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,... Read more »
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... Read more »
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...Read 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... Read more »
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...Read 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... Read more »
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...Read 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
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....Read 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... Read more »
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...Read 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.
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...Read 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... Read more »
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.
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"...Read more »
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...Read 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.
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...Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.