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New York Employment Contracts Legal Questions

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80 legal questions have been posted about employment contracts by real users in New York. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include labor and employment, whistleblower litigation, and wage and hour law. All topics and other states can be accessed in the dropdowns below.
New York Employment Contracts Questions & Legal Answers
Do you have any New York Employment Contracts questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 80 previously answered New York Employment Contracts questions.
Employment Contracts
New York

Recent Legal Answers

My old attorney says if i dont pay him 2000 he will sue me with small court.

Answered 3 years and 6 months ago by attorney Matt Bryant   |   1 Answer
If you have the new attorney's offer to take the case for free in writing, you should be good. If he never put that in writing, I suspect the attroney will argue that he never said that or you misunderstood him. I often look at a case for free, but I rarely take one on for free. If I do, I put it in writing.  You should have an engagement letter with the attorney and that document will control. If he did not give you an engagement letter, then he probably can't collect his fee. Ask him for the engagement letter now before he sues. If it says you owe him money, find a way to pay it.... Read More
If you have the new attorney's offer to take the case for free in writing, you should be good. If he never put that in writing, I suspect the... Read More

wrongful termination question. unfair labor practice.

Answered 8 years and 5 months ago by attorney Lori Nevias   |   1 Answer
As a rule most jobs are staffed by people who are "at will" employees and in the absence of a contract can be hired and fired at the whim of their boss. However, if you were fired on the pretext of eliminating your job when in fact you were fired on the basis of your race, age, gender, sexual orientation, religion or nationality, that is discriminatory, illegal termination, and a violation of your civil rights.  If that is the case, you may have an action against your former employer for illegal termination.... Read More
As a rule most jobs are staffed by people who are "at will" employees and in the absence of a contract can be hired and fired at the whim of their... Read More

Hi there, I am supporting an ed tech start-up in the Ukraine what legal counsel do I need to know about for hiring teachers abroad for online courses?

Answered 8 years and 5 months ago by attorney Sharon M. Siegel   |   1 Answer
Ukranian law would apply here.
Ukranian law would apply here.

How to ensure correctness of employee options agreement?

Answered 8 years and 5 months ago by attorney Bruce Robins   |   1 Answer
If you hire an attorney to review the document and advise you, and the attorney screws up, you can sue the attorney for malpractice for the damages you suffer.
If you hire an attorney to review the document and advise you, and the attorney screws up, you can sue the attorney for malpractice for the damages... Read More

Working with no pay

Answered 8 years and 5 months ago by attorney Sharon M. Siegel   |   1 Answer
Call the New York State Dept. of Labor
Call the New York State Dept. of Labor

Can an employee be forced to sign an employee haandbook that requires an employee to give 4 week notice when resigning?

Answered 8 years and 5 months ago by attorney Bruce Robins   |   1 Answer
You can't be forced to sign anything, but you can be fired if you refuse. 
You can't be forced to sign anything, but you can be fired if you refuse. 

I'm filling out an W-2 and I-9 form for a waiter for the Mondrian Hotel's restaurant, "CLEO", and I'm wondering how much I should withhold/pay period

Answered 8 years and 6 months ago by attorney Sharon M. Siegel   |   1 Answer
Your exemptions are determined by your tax return.  If just you alone, take one.
Your exemptions are determined by your tax return.  If just you alone, take one.

how much does it cost to file a lawsuit against an employer

Answered 8 years and 6 months ago by attorney Sharon M. Siegel   |   1 Answer
It costs $210 to file a case.  If you want a lawyer, it is more.  This is a wage case.  Call the NYS Dept. of Labor, and they can help you with a free proceeding.  Getting a judgment is easy.  Collecting it is an issue.
It costs $210 to file a case.  If you want a lawyer, it is more.  This is a wage case.  Call the NYS Dept. of Labor, and they can help... Read More

I want to live my work place bcs my employer treats me badly

Answered 8 years and 6 months ago by attorney Sharon M. Siegel   |   1 Answer
Your employment agreement will govern the commission.  Same with whether you can be let go on no notice.  You can sue on a false representation about condition but how are you going to prove it.
Your employment agreement will govern the commission.  Same with whether you can be let go on no notice.  You can sue on a false... Read More

Independent Contractor Violated Contract

Answered 8 years and 6 months ago by attorney Sharon M. Siegel   |   1 Answer
$428 is definitely small claims, so you do not need a lawyer.  Other issues may or may not require one.
$428 is definitely small claims, so you do not need a lawyer.  Other issues may or may not require one.

I signed a paper when the hotel I worked for saying that after they close I would receive a servance pay after they close and its been a week already

Answered 8 years and 7 months ago by attorney Sharon M. Siegel   |   1 Answer
You can sue.  The court will be governed by the amount.
You can sue.  The court will be governed by the amount.

my prior employer terminated me without cause. they denied me unpaid, earned sick days, vacation days. can I fight to get the money?

Answered 8 years and 8 months ago by attorney Sharon M. Siegel   |   1 Answer
Yes, you can sue for it.
Yes, you can sue for it.

i have a Keogh Plan & my employer as owner of the plan and me a participant will not sign the papers to roll account to me.

Answered 8 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer
These must be allowed to be rolled over.  Deal with the company managing the old plan.
These must be allowed to be rolled over.  Deal with the company managing the old plan.

I am seeking an attorney to help retrieve an employee savings plan for a deceased member. My mother is the beneficiary

Answered 8 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer
You need a death certificate.  You do not need a lawyer to do this but if you are having problems a lawyer can help.
You need a death certificate.  You do not need a lawyer to do this but if you are having problems a lawyer can help.

My offer letter says "at will" employment with 1 month notice. I am 6 weeks into employment and leaving on 1 week notice. Is this breach of contract?

Answered 9 years ago by attorney Sharon M. Siegel   |   1 Answer
The terms of the contract will govern.  At will means that there does not need to be cause for termination.  The time period is something separate.  "Press charges" is a criminal concept.  This is not a crime.  Whether the employer pursues you for the three weeks you quit early is up to them.  As damages are hard to calculate, it is not likely.... Read More
The terms of the contract will govern.  At will means that there does not need to be cause for termination.  The time period is something... Read More

Will my non-compete interfere with my potential new position?

Answered 9 years ago by attorney Sharon M. Siegel   |   1 Answer
There is no "standard" non-compete agreement.  Only a review of the whole employment contract can answer this question.
There is no "standard" non-compete agreement.  Only a review of the whole employment contract can answer this question.

I have an employment contract in the state of NY requiring 30 days notice to quit. I gave 2 weeks. Can they sue me?

Answered 9 years and a month ago by attorney Sharon M. Siegel   |   1 Answer
They could sue, but the damages are so minimal, I would not worry about it.
They could sue, but the damages are so minimal, I would not worry about it.

In newyork state is it legal to record audio conversations such as meetings or one on ones or telephone conversations?

Answered 9 years and a month ago by attorney Sharon M. Siegel   |   1 Answer
As long as one side knows it is being recorded.
As long as one side knows it is being recorded.

I recently have been told my boss that I can either accept a demotion and is 6 dollars an hour less or accept a severance pay of one months pay.legal?

Answered 9 years and 2 months ago by attorney Bruce Robins   |   1 Answer
Unless you have an employment agreement which limits your employer's right to fire or demote you, or you believe that you are being demoted based on some reason prohibited by statute (e.g. race, religion, gender, etc.), your employer can fire you at any time for any reason.  It is under no obligation to offer you another position, demotion or not, or severance pay.  So, yes, unless there are other relevant circumstances you didn't mention, it is legal.... Read More
Unless you have an employment agreement which limits your employer's right to fire or demote you, or you believe that you are being demoted based on... Read More

I got sued by former employer for non compete. I dint carry any trade secrets nor did I spoil any business relationships.

Answered 9 years and 4 months ago by attorney Sharon M. Siegel   |   2 Answers
You need to respond. If you do not, you will have a judgment against you.  If the employer has no damages, the case will probably just peter out if you respond.
You need to respond. If you do not, you will have a judgment against you.  If the employer has no damages, the case will probably just peter out... Read More

Fair Labor Standards Act

Answered 9 years and 4 months ago by attorney Sharon M. Siegel   |   1 Answer
Yes they can.  Until the case is resolved, the overtime rules do not apply.
Yes they can.  Until the case is resolved, the overtime rules do not apply.

Employer paid for school

Answered 9 years and 6 months ago by attorney Sharon M. Siegel   |   1 Answer
A commercial litigator.  The case will be governed by the contract.
A commercial litigator.  The case will be governed by the contract.

If a company has a non compete with contractor then opens a second company can they use the non compete from the first company ?

Answered 9 years and 7 months ago by attorney Sharon M. Siegel   |   1 Answer
One would obviously need to see the documents. But, based on your post, the covenant would only apply to the first employer, not the second.
One would obviously need to see the documents. But, based on your post, the covenant would only apply to the first employer, not the second.

Clarity on noncompete agreement for interns in NYC

Answered 9 years and 8 months ago by attorney Bruce Robins   |   1 Answer
The provision is a little unclear.  The phrase "anywhere the Company offers its services or has customers and where I have responsibility for the Company" could be interpreted to cover places where the Company has business, has customers, or where you have responsibility for the Company, or it could be interpreted to cover only situations where BOTH conditions apply, i.e. the Company has business or customers AND... Read More
The provision is a little unclear.  The phrase "anywhere the Company offers its services or has customers and where I have responsibility for... Read More

I found a better paying job. I tendered my resignation. Employer said no due to a 1 year contract. Is that enforceable?

Answered 9 years and 8 months ago by attorney Sharon M. Siegel   |   2 Answers
Yes, but how likely is it the employer will sue you?  Probably not, and you have defenses you could raise.
Yes, but how likely is it the employer will sue you?  Probably not, and you have defenses you could raise.
Employment Contracts
New York

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