Get free answers to your Employment Law legal questions from lawyers in your area.
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 
New hire does not have US citizenship but has had SS number since graduate school and has paid taxes while working in NY but will now be working outside of NY, USA; that is Jamaica.
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answered on Jul 6, 2023
When hiring a non-resident who is moving back to their home country (in this case, Jamaica) and will be working outside the USA, it is important to consult with an employment attorney or tax advisor to understand the specific legal and tax requirements. Worker's compensation, FICA, and other... View More
I work for the NYC Department of Education. I have been wrongfully demoted. I don't feel like my union has my best interest at heart. Can I file an article 78 on my own, or do I need my union to fight for me?
answered on Jun 12, 2023
You should give the Union a chance to help you first. If they don't do what they are supposed to or are not vigilante in prosecuting your case, you can probably start an action on your own.
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.
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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... View 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... View 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... View 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.
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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... View 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... View 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... View More
answered on Feb 6, 2023
A corporate resolution authorizing signature on whatever needs to be signed.
When I own a business (e.g. bakery, coffeeshop etc.) am I LEGALLY allowed to deny service to people of a specific ethnicity (e.g. african-american), sexuality, gender etc. and/or deny them employment? I mean after all it is MY business and I can decide, whom I offer my service or who can enter my... View More
answered on Jan 4, 2023
No, you cannot legally discriminate against patrons or employees. Yes, you can get sued.
I made a mistake on a spreadsheet which caused pricing to be off by a few percent. I submitted the pricing sheet to the company. The company uploaded into their system and then approved all Purchase Orders from customers with the mistaken pricing (I did not approve any PO's). The company is... View More
answered on Dec 27, 2022
It depends on your agreement, which it appears in itself might be hard to prove.
I am a known for being a hard-worker and respected in the industry as at top energy service professional. Working over 70 hrs in a week. Sometimes my boss wants us to work more. One time i had to decline because i was too worn out. After i declined i became a target for my boss. He made my job... View More
answered on Dec 13, 2022
There are too many variables that aren't addressed in your question to give an answer in this forum. You should reach out to an employment/labor attorney; many of us provide free consultations.
the money they would have made for the session but now lost due to my absence. Is that legal?
answered on Dec 3, 2022
It depends on the exact wording of your contract, if any, and/or any verbal agreements they can prove. An evaluation can only be based on a detailed confidential legal review of your particular situation.
answered on Nov 6, 2022
I'm sorry your question went unnoticed under the Civil Rights and Constitutional Law headings for four weeks. One option is to repost under the Employment Law category. Some questions do go unanswered. If still no response, another option is to look into the cost of a brief consult with an... View More
I started Monday I worked Monday and Tuesday total of 16hours and they didn't send me my w-2 or paperwork until last night today I decided the job was too much on my body so I quit do they still have to pay me for the hours I put in even though I didn't get to fill out the paperwork?
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answered on Nov 2, 2022
You are entitled to be paid for all hours that you worked, even if you had not completed your paperwork when you performed the work.
There was a private business vaccine mandate on 27th December 2021. My company forced me to use my remaining sick, and vacation days. Then when they were all depleted. They fired me January 10th 2022. Today they announced that The Supreme Court rescinded the mandate effective November 1st, 2022.
answered on Oct 25, 2022
This seems to be the question about employment law. Whether the decision to fire you is legal depends on many aspects including, whether you had a contract in writing specifically saying you should be fired for cause.
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