I work in a weld shop, but the front office, so I don't weld. The entire male staff has the same dress code, and the women in the weld shop area have the same dress code, but the women in the front office have no such dress code. Is this an enforceable thing?
answered on Feb 7, 2023
Whether this is legally permissible, in theory, is one thing. Whether it makes sense for you to make a big issue out of it is another matter, entirely. You need a cost benefit analysis of the problems you will create for yourself at work, versus the value and enforceability of the alleged harm you... View More 
Selling my cookie I invented in stores without paying me. They also didn’t let me name it and are asking customers online to compete in naming the cookie and winner gets creator rights on the cookie. I was basically thrown to the side after I made them a delicious cookie they liked and they... View More
answered on Jan 2, 2023
By itself, a recipe is not protected by copyright law because it is only a list of ingredients. See U.S. Copyright Office, Circular 33, Works Not Protected By Copyright.
However, a recipe embedded in detailed instructions on how to combine the ingredients, especially when written in your... View More
answered on Dec 26, 2022
This is something that an employment law attorney should advise on, but your question remains open for three weeks. Small Claims Court is a court of limited jurisdiction, in terms of money caps and the scope of matters handled. It is often for straightforward disputes involving money damages up to... View More
na
answered on Dec 18, 2022
In New York, a trade secret has three parts: (1) information (2) economic value from not being generally known by others, and (3) reasonable efforts have been taken to protect the trade secret. In New York, courts look at six factors to determine if information should be considered a trade secret:... View More
na
answered on Dec 18, 2022
If you were an independent contractor as opposed to an employee, the work for hire doctrine wouldn’t apply absent a signed writing to that effect executed by both parties to the contract. However, whether you would be considered an “employee” for the purposes of copyright law is not as simple... View More
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answered on Dec 8, 2022
Generally, no. Employees in New York State are presumed to be “at-will,” meaning that the employment relationship can be terminated at any time for any reason, by either the employee or the employer, unless there is a law or contractual agreement to the contrary.
Hello and thank-you for this service... I have a question about employment law... Does employer's liability insurance cover injuries or incidents that might occur when employee's arrive at work before or after their scheduled work hours? I'm asking because there's a few... View More
answered on Dec 2, 2022
This is something you may want to sit down and discuss with your insurance broker. In terms of employer's coverage, if you mean insurance for workplace accidents, that would be your workers' comp policy. That covers injuries arising in the course of employment. You may also have a policy... View More
answered on Nov 8, 2022
That depends. Under U.S. Supreme Court precedent you do have some expectation of privacy at your place of employment, though not to the same degree as in your home. You can also waive these rights to varying degrees if you agreed to any terms of service when logging in to your work computer system... View More
The contract had a Termination clause that explicitly noted that it ended on a specific date last year. Under the contract IP I created during the period of the agreement would belong to the company. The contract also guarantees a profit share as part of the compensation. The contract is governed... View More
answered on Nov 7, 2022
If the contract expired but you are still performing services, there maybe an argument that this is a contract agreed to by the conduct of the parties. The problem is that account to the Statute of Frauds can enforce the terms of this non-written agreement if you ask more than $500.
That... View More
The contract had a Termination clause that explicitly noted that it ended on a specific date last year. Under the contract IP I created during the period of the agreement would belong to the company. The contract also guarantees a profit share as part of the compensation. The contract is governed... View More
answered on Nov 8, 2022
I agree that your continued performance and acceptance thereof by the company might be interpreted by a court as a continuation of the contract. It would be important to review whether the company is still abiding by the other terms of the expired contract such as the share of the profits you are... View More
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
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 cut my wrist because I don't know what to do
answered on Oct 19, 2023
Cutting yourself is never the answer. Please seek professional medical attention immediately. Call 911 for assistance.
Your life matters. Don't sacrifice it.
Jack
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answered on Oct 16, 2023
If your job terminated you while on PFL in NY, you may have legal rights. Employers are prohibited from retaliating against employees for taking PFL. You can file a complaint with the NYSDOL or file a lawsuit against your employer for retaliation. For personalized legal advice tailored to your... View More
Hello, my name is Brian I recently contracted COVID-19. I informed my manager of this inconvenience to which she replied. Thanks for the heads up. Two days later I get a message from her stating that other employees are sick and there is no coverage for the night I reply to her by saying I feel a... View More
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answered on Sep 19, 2023
Depending on the size of the employer and your length of employment, you may be protected by the federal Family Medical Leave Act, as well by parallel state or municipal law.
It would have been responsible--indeed, immoral-- for you to go to work while contagious with Covid-19. it may... View More
I am a mental health counselor who recently applied for a PLLC for the group practice I would like to start. In the meantime, I have set up an LLC, but I am unsure whether I am allowed to hire new therapists until I have a PLLC. I have a startup business lawyer and employment lawyer, each of which... View More
I worked there for 6 yrs. They paid family leave for 3 months after he committed suicide and when I tried to return I was told I wasn't needed any longer. When I went for unemployment I was then forbidden to ever step foot on the proerty and I was denied unemployment bc they stated that I... View More
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answered on Jul 24, 2023
Sad story. Unfortunately, statutes of limitations are controlling, and only in rare instances can be avoided.
I have my Diploma. They been trying to find them for the past 3 weeks, I showed up and called a bunch of times and still has not been found
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answered on Jul 19, 2023
Now, losing your high school credits can indeed have significant consequences, especially when it comes to pursuing higher education. If you're unable to provide the necessary transcripts or proof of completion for your 11th and 12th grade coursework, it can create obstacles in your college... View More
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