Am I able to sue my employer for this? I have a picture of my knee with a date on it. Also I am not getting overtime paid for 3 years.
answered on Oct 6, 2022
You quite possibly have a disability discrimination case, depending upon how "reasonable" your request to work from home was. Probably more important, however, is the fact that you haven't been paid OT in 3 years. If you are a nonexempt employee, and are therefore entitled to... Read more »
I accidentally crack said window while on the clock, moving chairs around.
answered on Oct 3, 2022
Brian is correct. Section 193 of the New York Labor Law covers this issue. Breakage is a classic example of a deduction or charge that must be paid by the employer.
I accidentally crack said window while on the clock, moving chairs around.
answered on Oct 3, 2022
The short answer is no, they cannot. If they dock your compensation to pay for the cracked window they are making an unlawful deduction.
I am a contracted employee, hired to work 6 hours a day. My assigned schedule is for 6.5 hours. The half-hour is for a break I don't care to take or need.
As stated in my contract: Teacher Aides - The length of the work day for teacher aides shall be as follows: for aides... Read more »
answered on Oct 1, 2022
New York law requires employers to provide most employees a thirty-minute meal break when working more than six hours a day. See https://dol.ny.gov/day-rest-and-meal-periods. Since you state that you are working no more than six hours a day (and if you are not occasionally working over six hours a... Read more »
answered on Sep 22, 2022
There are no minimum hour requirements.
Some employees can be paid premium pay when they are subject to scheduling changes on short notice.
New York State recognizes a right to "call-in pay," but only if the worker is required to report to work. Usually, restaurant or... Read more »
answered on Sep 15, 2022
Your question is not entirely clear. First, an employer can require you to take a break.
Second, the employer cannot knowingly permit you to work through a required break period without pay.
Third, New York State law (Labor Law Section 162) requires most employers to provide a... Read more »
Can I sue someone for IIED if the person I was having a conversation with recorded the conversation (a conversation in which I was saying bad things) and this person sent the tape of the conversation to my boss, which then led to me being fired?
answered on Sep 9, 2022
The actions of person who recorded your statement, although perhaps unethical, does not rise to the level required to bring an action for intentional infliction of emotional distress. Conduct that could support such a lawsuit must be so extreme and outrageous as to go beyond all possible bounds of... Read more »
Can he then pay me less than they think they are paying me? Is this fraudulent billing?
answered on Aug 29, 2022
The employment law attorneys here would have the best insight into this, but your question remains open for two weeks. However, as a general contract law matter, it isn't unusual for companies to impose a margin on what they pay employees or contractors - this is a basic business model. It... Read more »
answered on Jul 20, 2022
In an at-will state like New York, you can be terminated for any reason or no reason. Announcing your pregnancy does not prohibit your employer for terminating your employment due to performance. However, if you are terminated and believe that your pregnancy played a factor in the decision to... Read more »
Back in 2018, I had an accident in my country, so I have a back problem and the day I did interview with my employer, I already explain to them that I am in a session of treatment actually. They accepted to hire me which was a months ago, and today, they just fired me because I did not work... Read more »
answered on Jun 22, 2022
I'm sorry you were fired. This is something that the employment law attorneys here would have better insight into than personal injury attorneys. There's no guarantee that all posts on this Q & A board are picked up, but if you reposted and added Employment Law as a category, you... Read more »
I work at Byrne dairy, I usually work 8 hour shifts but she gives me a 6 hour shift at least once a week so she “doesn’t have to give me a break” but I thought it was required that a 30 minute break be given to someone who works a 6 hour shift? I’m getting mixed answers.
answered on May 30, 2023
The break is only required when a shift is more than six hours. Since your shift is exactly six hours, no break is required.
The applicable statute is NYLL 162(2).
My company recently had a mass layoff event. However, within my team, I was the only one affected. I’m also the only one on the team currently on maternity leave. When I asked why my job was getting cut and what would happen to my responsibilities, the answer was ‘we can’t say.’ I have long... Read more »
answered on Apr 1, 2023
Yes, it certainly sounds like it would be worth your while to speak with an attorney.
I am a physical therapist working in New York. Recently I was given a job offer from a potential new employer that is good enough for me to accept. However, I have a non-compete agreement with my old employer that I voluntarily left in July 2022. The agreement states that for a period of 2 years, I... Read more »
answered on Mar 29, 2023
In general non compete agreements may be enforced but if you can show it is unreasonable and unnecessary to protect the employer’s interests, you may be able to ignore it or defeat it if the former employer tries to enforce it. This is a question of contractual interpretation and an analysis of... Read more »
Now she is not trying to pay me for the days I worked after leaving early. She is saying because I left early it is considered awol. & she does not have to pay me for the other days I have worked.
answered on Mar 15, 2023
Your employer is required to pay you for all time you actually worked. If you are an hourly employee- they must pay you for all hours worked. If you are an exempt salaried employee, they must pay your salary.
I had an S corp in queens NY and there was a judgement against the company from the dept of labor for unemployment insurance during years the company was not in operation. The judgement is in the sum of $3700, can they come after me personally? Also there is another judgement against the company i... Read more »
answered on Mar 12, 2023
You definitely have personal liability for both judgments if they pursue you. I am not sure if the judgment is in your name or not. If not, there would need to be a new suit to make you responsible, but you would lose the suit.
If it's not, what do I do about it?
answered on Mar 11, 2023
While there are some exceptions, it is typically illegal for a company to not hire you in New York based solely on a positive drug test for THC. If that's what they did, and why they did it, and no exceptions apply, you can sue them.
My daughter was let go without a reason. Now her former boss is telling people that she was fired for racial slurs. So far, two stories have been said and neither are true. Is there anything we can do to stop this?
answered on Mar 10, 2023
If you can somehow prove that what he is saying isn't true you can sue him for libel. But proving that sort of thing is usually very difficult.
Does signing constitute an admission of guilt or does refusing to sign a write up create more of a mess?
answered on Mar 2, 2023
You need to consult with counsel; it’s not possible to responsibly answer your question without asking you more questions about the situation in a confidential setting.
Can I take legal action?
answered on Feb 14, 2023
Hello, whether you can take legal action depends on more facts that need to be inquired about and on whether it is ultimately worth doing so. Your issues appear primarily related to an employment relationship, whereby it should not matter that it is a family business. If you were employed there you... Read more »
Assume a consulting agency is providing consultants to a client in order to complete a project. Due to the nature and duration of the project, the client wants to use the consultants/independent contractors to temporarily augment their staff. This may require, depending on the role the consultant... Read more »
answered on Feb 6, 2023
A corporate resolution authorizing signature on whatever needs to be signed.
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