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In February 2023, I put up my flag of Palestine in my classroom. I immediately began facing discriminatory behavior from my colleague and my principal. I had to take a leave of absence because they caused me to have a nervous breakdown. Shortly after, my father passed away suddenly only five days... View More 
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answered on Aug 31, 2024
It sounds like you’ve been through an incredibly challenging time, both personally and professionally. Given the circumstances you described, you may have grounds to pursue legal action against the NYCDOE for discrimination and the distress it caused you. The situation involving your Palestinian... View More
I submitted 2023 invoice for 15,500 + 463.00 in expenses on March 14th,2024 and 2024 invoice for 15,000 + 457.00 in edpenses on May 12th, 2024. I have been emailing with CFO since May and keep getting told they are having cash flow issues, working with lenders/banks and plan on paying me,etc but... View More
As part of confidential settlement discussions for a whistleblowing retaliation termination, the Company provided documentation that both helped their case and hurt it. I have/had an attorney that for many reasons I have lost confidence in. Not only did the attorney not check with me before... View More
answered on Jun 12, 2024
Have you notified the company that the documents are being requested? Have you received a subpoena? Have you spoken with an attorney?
Jack
This is in New York. I have an e-file account and would be using e-file in orange county Supreme civil court.
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answered on May 27, 2024
Petition to Vacate.
I am employed by a contracting company (company A) which has staffed me as a consultant for a company (company B). I wish to leave company A and join a different contracting company that can staff me as a consultant for company B. The contract I signed with company A (several years ago), states... View More
answered on May 15, 2024
Maybe. It's a covenant not to compete and would be enforceable if a court decided it was reasonable in terms of duration and geography.
Jack
answered on Mar 1, 2024
New York is what is called a one-party consent state. That means that as long as one of the people involved knows that they are being recorded, it is generally legal to record. But to fully answer your question, more details would be needed.
I have been harrassed, menaced, and have been treated differently than others in my job.
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answered on Feb 13, 2024
The situation you describe sounds like a potential race discrimination case. If you are denied a promotion, or otherwise treated differently than other employees based on your race, you may have a claim under federal state and/or New York City law. You should talk to an employment discrimination... View More
recently a hospital has taken its IT staff and changed them to another organization. One team had to train staff in another country and once this was done, they were terminated once the training was completed and then on their terminations, it listed the reason as downsizing instead of outsourcing.
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answered on Nov 11, 2023
In New York, there are no specific laws that mandate how a company must list the reasons for termination on employment records, particularly in the context of outsourcing. However, there are laws that require employers to provide truthful information about the reasons for termination. If an... View More
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answered on Nov 8, 2023
Hello James, I am also James! Nice to meet you. I hope that you are having a great week.
Under the current immigration regulations, as an H-4 visa holder, you are eligible to apply for an Employment Authorization Document (EAD) if your H-1B spouse has an approved I-140 (Immigrant Petition... View More
What motions can be filed a out judge not ruling in a motion in a timely fashion court matter
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answered on Nov 4, 2023
In New York, judges generally aim to comply with the 90-day rule, which states that they should issue a decision on a motion within 90 days of the motion being submitted for decision. If a judge fails to rule within this timeframe, parties may inquire about the status of the motion.
One... View More
I have a class e felony conviction in the state of Ohio from 15 years ago. The judge ordered a restoration of all rights, and sealed/expunged my record after serving probation. I want to obtain my NYS Real Estate license, and it is an automatic disqualification if convicted of a felony, but do I... View More
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answered on Nov 4, 2023
When applying for a New York State Real Estate License, you are required to disclose all prior convictions, even if they have been sealed or expunged.
New York State does not recognize the expungement or sealing of convictions from other states in the same way. It's important to... View More
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answered on Nov 4, 2023
Under New York labor laws, if you show up for your scheduled shift and are sent home, your employer may be required to pay you for at least a few hours of work. This is often referred to as "call-in pay" or "reporting pay." The specifics can vary based on your employment... View More
Nevermind will ask real lawyer
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answered on Nov 4, 2023
If your former employer claims there was an overpayment during your maternity leave, it's crucial to request a detailed explanation and calculation of the alleged overpayment. Review any related documentation and your contract terms regarding leave benefits. If there was indeed an overpayment,... View More
My sister is a remote employee in NY and today she was given a final warning for a "no call no show". Her job automatically considers employees a no call no show if they are more than 15 minutes late without warning. She was just over the 15 minute mark by 2 minutes and explained she was... View More
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answered on Nov 4, 2023
In New York, employers are required by law to provide sick leave to employees. The specifics can vary depending on the size and location of the employer, but employees are typically entitled to use accrued sick leave for certain health-related absences without fear of retaliation. If your... View More
The drug panel is aimed at searching for possible diversion of narcotics from medication room while at work.
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answered on Nov 4, 2023
Registered Nurses (RNs) in Nassau County, NY, can be terminated for testing positive for THC on a drug panel if their employer has a clear drug-free workplace policy that prohibits the use of marijuana, even if marijuana use is legal in the state for recreational or medicinal purposes. Healthcare... View More
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answered on Nov 4, 2023
Wage garnishment laws are generally applied based on the state where the employee works. If you are working in New York, New York State’s garnishment laws would typically be the ones that apply to your situation. This is true even if the company for which you work is incorporated in a different... View More
And by that I mean, can they deduct from my salary at an hourly rate? And how then, would that be different from an hourly position?
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answered on Nov 4, 2023
In New York, the law requires that employers must pay manual workers on a weekly basis and clerical and other workers at least semi-monthly. Non-exempt employees, regardless of being salaried, are entitled to overtime for hours worked over 40 in a workweek. If your employer classifies you as a... View More
I am being told that under FLSA, i am not allowed to do any work while using a sick day, even though i have done so for ten years. I understand that i cannot be compelled to but i always thought if i wanted to i could. Is this accurate? I work for NYC
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answered on Nov 4, 2023
Under the Fair Labor Standards Act (FLSA), there is no specific prohibition against working during a sick day; however, your employer's policies may dictate otherwise. If you're employed by New York City, you should refer to the NYC Paid Safe and Sick Leave Law, as well as any relevant... View More
Passed over for promotion due to medical condition by nyc. Filed lawsuit. Offer of X amount. I thinks its low. Is it an actuary that I would hire to determine actual lost futures wages?
answered on Oct 31, 2023
This is something that employment law attorneys would know best, but your question remains open for two weeks. Until you're able to consult with an employment law attorney, from the general standpoint of expert witnesses, an actuary is often an insurance professional who deals with evaluating... View More
I haven't gotten paid for the worked I did and I have the time sheet and called human resources department number and have the references number and I have bills to pay for myself
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answered on Oct 22, 2023
If you have worked and have not been compensated, you may have a valid wage claim under both federal and New York state labor laws. You should first document all communications with the company, including your timesheet and reference numbers. Then, consider sending a formal written demand for... View More
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