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New York Employment Law Questions & Answers
1 Answer | Asked in Employment Law for New York on
Q: I just got laid off from my FT job in NY but I’ve been freelancing for past 3 years. Can I claim unemployment?
T. Augustus Claus
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answered on Jan 1, 2024

In New York, eligibility for unemployment benefits is typically based on the wages earned during a specific period known as the "base period." If you've been freelancing for the past three years and were laid off from your full-time job, your eligibility for unemployment benefits... View More

1 Answer | Asked in Employment Law and Tax Law for New York on
Q: Tax question: I live in GA, my employer is based in NJ, and I just bought a 2nd home in NY State.

My domicile is GA and I work remote from there ~51% of the time for an employer in NJ. For 2024, I plan to spend ~49% at my NY house. While there, I plan to work from my NY home about 25% and in my NJ office 25%. I'm fine allocating days between the 2 or 3 states and will keep copious records,... View More

James L. Arrasmith
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answered on Dec 31, 2023

Your situation, involving tax liabilities across multiple states, does indeed present a potential risk for double taxation, especially considering New Jersey's "convenience of the employer" rule and New York's similar stance. These rules can impact how your income is taxed when... View More

1 Answer | Asked in Employment Law for New York on
Q: I took a leave of absence for 3 months. I was preparing to return to my general manager position but received an email..

stating that I could take an entry level position.

What recourse do I have? I have been at the company as general manager for 7 years. I think they want me to quit, but I won't make it be that easy for them.

V Jonas Urba
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answered on Dec 28, 2023

Each employment law matter is heavily dependent on facts. Many times those facts are supported by communication which includes emails, texts, and even recordings. The reasons expressed for your leave are critically important. What your employer knew or should have known about why you took leave is... View More

1 Answer | Asked in Employment Discrimination, Employment Law, Sexual Harassment and Tax Law for New York on
Q: SEVERE HARASSMENT of WHISTLE-BLOWER, ILLEGAL FALSIFICATION OF MY WORK HISTORY AND TAXES PAID ,payback 2 SSI REMOVED!

NY office of TEMP & DISABILITY ( Mike P.,), received letters from MASS instructing to deny me benefits , harassment etc they e denied my SSI SUPPLEMENTAL THEN NEXT DAY SAID I AM DISABLED? NO FOOD STAMPS SLEEPING IN MY CAR FOR OVER A YEAR & HALF! SSA ALBANY REPEATEDLY ASKING ME WHO MY FATHER... View More

James L. Arrasmith
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answered on Dec 25, 2023

It sounds like you are facing a deeply distressing and complex situation. Firstly, it's important to address any immediate safety or health concerns. If you are in danger or need urgent help, consider reaching out to local support services or hotlines that can provide immediate assistance.... View More

1 Answer | Asked in Employment Law, Personal Injury, Civil Rights and Communications Law for New York on
Q: I was in a private meeting with my staff and she recorded our conversation. I was terminated for saying something bad.

My staff recorded me without my knowledge and it was used it to terminate me. I said something inappropriate and was used to terminate me. Is this lawful, can I sue my employee?

Mr. Douglas A. Petho
Mr. Douglas A. Petho
answered on Dec 4, 2023

New York is a one-party consent state meaning that you can record conversations if you're physically in the state and are a party to the conversation or if you have permission from one of the parties in the conversation. If neither of the parties to the conversation have consented then it is a... View More

Q: Can my company commander (army) deny me leave for a explicit doctors note for my wife.

My wife just had a miscarriage caused by my company commander and 1SG, we got a doctor’s note explicitly saying because she has 2 kids and recovering from a miscarriage that she’s on bed rest and that I need to be home to take care of her. They only gave me 3 days when the doctor said 2 weeks.

James L. Arrasmith
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answered on Dec 1, 2023

In the U.S. military, leave requests are generally subject to approval by a commanding officer, considering both the needs of the service and the individual circumstances of the service member. In cases like yours, where there's a critical family situation such as a medical emergency,... View More

1 Answer | Asked in Employment Law for New York on
Q: If i made money off of porn but my name was anonymous, and my face was never shown, and I quit posting right before I ap

y to be a public teacher will I not get hired?

James L. Arrasmith
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answered on Nov 29, 2023

When applying for a position as a public school teacher, background checks and assessments of your past conduct will typically be part of the hiring process. While your previous involvement in adult entertainment was anonymous and your identity was not disclosed, it’s important to be aware of the... View More

1 Answer | Asked in DUI / DWI and Employment Law for New York on
Q: Got offer letter from a spirit job & signed it. then they gave me a background check which fail due to dui 5 years ago.

Is there anything I can't do. It's 5 years ago that I got that misdemeanor.

James L. Arrasmith
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answered on Nov 28, 2023

When facing a situation where a job offer is rescinded or affected due to a past DUI (Driving Under the Influence) conviction, especially when it's a misdemeanor from five years ago, there are a few steps you can consider:

Review the Offer Letter and Company Policy: Check the details...
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1 Answer | Asked in Employment Law, Civil Rights, Constitutional Law and Gov & Administrative Law for New York on
Q: Once a settlement is reached in a NYSDHR case, how much time will the paying party have to make the payment?

Can the case be reopened and taken to trial if the paying party fails to make a payment or send over and documents regarding the settlement? It has been 6 months since company settled during NYSDHR pre trial settlement. Still have yet to receive any stipulations, statements, notifications on... View More

James L. Arrasmith
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answered on Nov 23, 2023

When a settlement is reached in a New York State Division of Human Rights (NYSDHR) case, the timeline for the payment by the paying party is usually outlined in the settlement agreement itself. This timeline can vary depending on the specifics of the agreement. If there's no specific timeline... View More

1 Answer | Asked in Employment Law and Employment Discrimination for New York on
Q: Can my job order me not to speak Spanish unless I am with a Spanish customer?

I'm from Florida.

James L. Arrasmith
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answered on Nov 19, 2023

In New York, employment law typically protects employees from discrimination based on national origin, which can include language. If your employer's policy of not speaking Spanish except with Spanish-speaking customers appears to be unfairly targeting your national origin or culture, it could... View More

1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: I have an at-will contract and I reported my director to HR for his unfounded negative bias against me.

I claimed he treats me unfairly and this is a hostile workplace for me. I know that the company can terminate me without cause and no severance since it is an at-will contract. I have a few pointers that might be considered evidence that can support my claim. Is there anything I can do if they do... View More

James L. Arrasmith
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answered on Nov 19, 2023

In New York, even under an at-will employment contract, there are legal protections against wrongful termination, especially if it's in retaliation for reporting workplace issues. If you reported your director to HR for bias and unfair treatment and then faced termination, this could... View More

1 Answer | Asked in Employment Law for New York on
Q: What should commission employees of a Not for Profit get paid for sick leave in NY? Minimum wage or avg of commission?

This is what I found on NYS for Paid Sick Leave

https://www.ny.gov/new-york-paid-sick-leave/new-york-paid-sick-leave#amount-of-leave

RATE OF PAY

Employees must be paid their normal rate of pay for any paid leave time under this law, or the applicable minimum wage rate,... View More

James L. Arrasmith
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answered on Nov 17, 2023

Under New York's Paid Sick Leave law, commission-based employees at a non-profit organization should be paid their normal rate of pay for sick leave, or the applicable minimum wage rate, whichever is greater. Calculating the 'normal rate of pay' for commission-based employees can be... View More

1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: Are unprotected classes protected against retaliation by law?

I filed a report regarding my director and I wonder if HR or the director will retaliate against me, am I protected by law?

James L. Arrasmith
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answered on Nov 17, 2023

In New York, anti-retaliation laws typically protect employees who engage in protected activities, like reporting discrimination or other unlawful practices. However, if you are part of an "unprotected class," the legal protections may not be as clear-cut. Generally, these laws protect... View More

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for New York on
Q: Do I have a Racial Discrimination / Age Discrimination / Retaliation Case Against My Employer?

Black woman, 62, EA w/employer 4+ yrs. Hired to support 2 Executives. Good performance evals. Re-Org occurred. I was Temporary assigned to a Director by my Executive. Reason: location. He's in VA, I'm in NYC. Oral agreement w/ Executive made. Prior to Executive leaving Co I reiterated our... View More

James L. Arrasmith
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answered on Jan 5, 2025

Based on what you've shared, there may be grounds to explore potential claims of racial or age discrimination and retaliation. Your consistent performance, the specific changes in your assignments following the dismissed cases, and being the only Black female affected are factors that could... View More

1 Answer | Asked in Employment Law and Immigration Law for New York on
Q: How can an international student convert his residence permit into work or any other?

I am an international student at the university in the USA; I have got time-limited residence permit for study-purpose and I have got 1 year left before graduation, but I'd rather not want to finish it and want to begin to work asap, but I can't because of my residence permit for... View More

James L. Arrasmith
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answered on Dec 14, 2024

As an international student, your options for staying in the US after studies depend on your current visa status and future plans.

If you're on an F-1 visa, you can apply for Optional Practical Training (OPT), which allows you to work in your field of study for up to 12 months after...
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1 Answer | Asked in Employment Law and Employment Discrimination for New York on
Q: What is needed for emotional distress case

I worked for over 6 yrs without ever being promoted or receiving clear feedback on how to advance. Despite repeatedly reporting instances of being spoken to disrespectfully by coworkers, management dismissed my concerns, telling me to 'let it go.' Over time, the ongoing mistreatment... View More

V Jonas Urba
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answered on Nov 15, 2024

I worked for over 6 yrs without ever being promoted or receiving clear feedback on how to advance. PRIVATE EMPLOYERS ARE NOT REQUIRED TO PROVIDE FEEDBACK ON HOW TO ADVANCE BUT THEY CANNOT DISCRIMINATE AGAINST ANY PERSON BECAUSE OF ONE OR MORE PROTECTED CLASSES TO WHICH AN EMPLOYEE BELONGS.... View More

1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: Hello- I am looking for an employment lawyer that is pay if we win to discuss my case. If there is anyone in NY?
Brian Greben
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Brian Greben
answered on Nov 6, 2024

Yes, there are many lawyers who accept cases on a contingency fee basis.

1 Answer | Asked in Employment Law and Immigration Law for New York on
Q: Hi. I would like to know is move2usajobs real? Are there legit works there or scam?

They say they collect visa sponsor jobs but I’m afraid they might lie.

James L. Arrasmith
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answered on Oct 5, 2024

Move2usajobs is a platform that aggregates job listings from various sources, including positions that offer visa sponsorship. Many users have found legitimate opportunities through the site, especially those seeking employment in the United States with employer support for visas.

However,...
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1 Answer | Asked in Contracts, Employment Discrimination and Employment Law for New York on
Q: Is my employer required to pay moving fees to return equipment I let them?

I've resigned and want my employer to pay to have the equipment sent back to me. They have refuse to pay this. I received no rent or pay for lending this equipment and it was used to help the business. Do I have any recourse?

Neil P. Flynn
Neil P. Flynn
answered on Sep 26, 2024

Thank you for reaching out to us regarding the legal issue your facing.

As I understand it there is no agreement in place regarding the equipment. And you voluntarily provided it for use in the course of your employment and your employer's business. Under these circumstances, it's...
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1 Answer | Asked in Employment Law and Civil Rights for New York on
Q: I live in NYC and I was required to sign a severance agreement in order to be paid vacation time. Is this legal?

I am unsure if I have been discriminated against and was made to sign a severance agreement with my former employer that says I cannot file discrimination against the company

James L. Arrasmith
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answered on Sep 24, 2024

In New York City, employers are generally allowed to require employees to sign severance agreements in exchange for benefits, like unused vacation time. However, this can become problematic if the agreement forces you to give up your rights in an unfair or discriminatory manner. You should be... View More

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