Management didn’t inform the workers and I got sick . I’m still suffering from fatigue, headaches , hair thinning, teeth cracking and joint weakness I haven’t been able to get back to work fully I work once every two weeks because I get exhausted in the stores and can’t keep up. If I... View More 
answered on Aug 6, 2021
Consult with a workers compensation lawyer immediately. Although it may be difficult to pinpoint where you contracted COVID, a skilled workers compensation lawyer might be able to tie it to your workplace. Good luck. Alternatively, if you have disabling conditions, ask your doctor about... View More
Called once to see how I was than immediately called back stating someone saw me and explain
answered on Apr 27, 2021
It could depend on the timeline and the severity. And those are things that a physician, not an attorney, is qualified to speak about meaningfully. The fact that you were at a hotel, in and of itself, is not evidence of the absence of a disability. Your post remains open for two weeks. Consider... View More
My wife got pregnant and in January (3 months) I informed my employer and asked if I could work from home. (Currently I work in our office 4 days a week on a IT help desk answering calls and going to users to fix technical issues.)
My wife’s Dr. wrote a note advising that if possible... View More
answered on Mar 10, 2021
The ADA does not apply to you here, so there is no legal obligation for your employer to honor a request for an accommodation of working from home due to your wife's pregnancy. If you entered into a contract agreeing to give 90 days' notice of your resignation, and you resign... View More
Hello! Would one of the following be enough proof of self employment to qualify for PUA (pandemic unemployment assistance) ? : a check I received for a private lesson I taught in November 2020, check I reveived for a photo session I did in December 2020. I am a self employed actor and photographer.... View More
answered on Jan 10, 2021
The Department of Labor determines what proof you must provide. They can request more if it's not clear.
If you are denied benefits make sure to TIMELY request an administrative hearing before an ALJ. I think all hearings are telephonic. You can then compare your claim file with any... View More
I have had ADD many years. I have a expired IEP. I have had bad years of lack of focus. I want to go back to treat it with medication. However I have seen ADD is not on the list of disabilities a company has to offer accommodations for and can not penalized you for .
answered on Nov 8, 2020
Generally, if you have no employment contract, you are not union represented, nor do you work for the government, you are considered "at will." The overwhelming majority of employees across the entire United States are "at will." That means that they can be fired for a good... View More
At my work I put in for paid family leave of absence and the only one I told about it was human resources. A few days after some of my fellow coworkers we’re coming up to me saying I heard you were taking a leave soon? Do I have any recourse against the company I work for being that human... View More
answered on Oct 16, 2020
What are your damages? It's one of the first questions an employment lawyer is trying to answer when they speak with you in an initial telephone conference.
Was there an adverse employment action? You were not terminated nor were you demoted with a loss in pay or passed over for a... View More
Hello! I was furloughed from my employer in March. There was no communication during this process or news from my director. Eventually they have brought almost all employees back & I was told they don’t have much info on when I will be allowed back. A week later I was sent an automated email... View More
answered on Aug 4, 2020
Many feel your frustration. Not to make excuses but employers are dealing with a new set of circumstances every day. Some are closing for good.
I assume that you received unemployment benefits. Those require you to look for work. Also every employment discrimination complaint requires... View More
Does a heart issue qualify under the ADA Act of 1990? My company has asked its employees to return to the physical office. I asked to continue working remotely due to being in a high risk covid group. HR sent me a reasonable accommodation request form requiring me to describe my disability,... View More
answered on Jul 31, 2020
IMO your heart issue, standing alone, probably constitutes a Qualified Physical Disability entitling you to some kind of reasonable accommodation under the ADA . You should also be aware that many states, possibly NY, have their own ADA laws which are even more protective than the Federal ADA. In... View More
I’ve been told that if I work 4 days and makes less than $504 I am elegible for the $600 but not the regular unemployment. I am able to cut my days down to 3 if that allows me to still file.
answered on Jul 2, 2020
If you earn more than $504 per week or work more than 3 days per week, even 5 minutes on the 4th day, you will not qualify in New York. You must qualify for some partial benefits in New York unless you have no other income from any other source, in which case you may qualify for pandemic alone. But... View More
Work place closed due to coronavirus pandemic. I was on an unpaid leave (family related situation, employer agreed that I can come back to work anytime my situation resolved) when this happened. I was going to start working again at the end of March when the statewide (NY) coronavirus lockdown... View More
answered on Jun 2, 2020
Apply honestly for benefits from the date that you were actually available for work. Certify for benefits honestly. Report all earnings whether paid or medical leave or other to the DOL.
If you are denied benefits timely ask for a hearing and testify credibly at the hearing.
Many... View More
I feared that if I didn't comply that he wouldn't take me back. After a month of working from home I put my foot down. Obviously he used covid as an excuse for his financial gain and now he is angry. How am I protected in this situation?
answered on May 27, 2020
Under the Fair Labor Standards Act ("FLSA"), you must be paid for all hours worked. Your employer cannot tell you to collect unemployment in place of paying you for your time worked after you were laid off. Depending on how many unpaid hours you worked, your employer's refusal to pay... View More
As per my offer letter, I am non-exempt salaried employee in the state of NY. My employer has me using this app called “Hubstaff” since we’ve been working from home during the pandemic, which tracks clicks and mouse movements and reports an “activity percentage” based on those actions.... View More
answered on May 14, 2020
Typically, deductions from pay are permissible when an exempt employee is absent from work for one or more full days. That does not sound like the case here. If your employer follows through with the deductions and they occur more than a few times, I would reach out to an employment law attorney in... View More
My current job furloughed me due to the covid-19 outbreak and at present we are still under the lockdown/pause order. My current job offered me my job back but with the order still in place and we have a very small windowless work shop with up to 10 people in the office at a time (3 in my current... View More
answered on May 10, 2020
Is everyone provided PPE and wearing it and the workplace redesigned for social distancing? And testing in place? Look at the EEOC and OSHA websites which define safe workplaces and the duty of employers to provide one. Then report for work and take photos if not against company policy or take... View More
I'm 61 yrs old and I'm at contagion risk due to medical history (overweight, type 2 diabetic) if I have to commute since I would need to take a bus & subway to my job.
answered on May 2, 2020
If you can effectively work from home and your employer instructs you to return to work and you reasonably believe that this places your health in jeopardy, I would recommend that you request the reasonable accommodation of continued work at home or telecommunting.
Whether your employer... View More
answered on Apr 7, 2020
If your unemployment is related to COVID-19 you should eventually receive benefits from the day you lost your job. The new unemployment laws are being amended almost daily. Almost everyone now qualifies for some type of unemployment unless they receive paid leave or can work from home and get paid.... View More
Worked Monday, took the week off because of the corona virus (I’m 6 months pregnant and have a 8 year old with respiratory issues). Received a phone call Thursday (while I was using my paid time off) that things are “happening fast” and they need to make changes so they “eliminated” my... View More
answered on Mar 22, 2020
Unfortunately no one will be able to answer your question at the present time. It's much more complicated given the facts you state.
Apply for unemployment benefits immediately. You should recover them. If you don't that would not be good because it's so easy to recover them... View More
This is a contract for salary
not service. The school shut down the day of start of season
answered on Mar 19, 2020
You should read the contract. If it was well written there would be a force de majure clause. The clause let's parties out of the contract for events beyond their control.
The clause may not be in there, and there maybe clauses in your favor, but without reading the contract no real... View More
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