Human Resources Legal Questions

Not only is it mandatory it could save your business. If an employee is injured while providing services for you don't you want workers compensation to be their exclusive remedy? If you don't have it their medical bills could exceed your income for the rest of your life. Here's a link from the Department of Labor with civil servants who I believe will gladly assist you with unemployment insurance, paid sick leave, short term disability, workers compensation, premises liability, commercial coverage, cybersecurity, errors and omissions, and much more. https://dol.ny.gov/location/new-york-city-business-services-regional-office... Read More

Wow. So management took the side of this insubordinate associate over you. Not good. You probably need to look for another job confidentially. Management may not understand that threats at work can result in orders of protection. Yes. Just like with a domestic situation, if this associate threatens you again you could proceed to the police, file a report that you reasonably believe you are threatened, the police might investigate the same day. They refer the report to a judge if you wish and a judge could enter an order of protection almost the same day. One thing New York takes very seriously is threats of violence against anyone, especially at work. I have see employees make jokes about coming to work and shooting people be fired. Everyone knew it was a joke. Same for employees making jokes about never going to report incidents to human resources or bodily harm will occur. Employee is terminated and denied unemployment benefits even though everyone at the bar thought it was just a joke. I have also seen managers get fired for placing their hand on a clerk. Clerk runs to the police, files a report, and a judge enters an order of protection preventing the manager from being within hundreds of feet of the clerk, essentially firing the manager from their job. If you reasonably ever again feel threatened, there is plenty of case law supporting New York judges who believe people or employees feel threatened and enter emergency orders to protect them. If you feel unsafe and HR will not protect you, go to the police. But you really should start looking for another job because if they do not have your back here the future will likely not be good either. Good luck. FYI - seems very unusual for upper management to bring back an employee with such behavioral issues. Your company may end up in heavy litigation if this associate causes harm in the future and they were warned. Bringing them back does not appear to have been the right thing to do per facts as you described them. ... Read More

You may be limited to workers compensation benefits. So little was known about this pandemic and very little is still known about it. Look at our top leader walking around without a mask. Call some workers compensation lawyers. Tort actions are possible but class actions will be tough because each person is uniquely affected and what may be fatal to one person may be nothing but a bad cold to another. It's not like breathing toxic chemicals which are so lethal 90 percent or more get cancer and die. Look at all the protesters many without masks. Your employer may point to them and say see the risk was very low we did nothing wrong. Workers compensation should be your first possibility. This will not just disappear and courts are unlikely to close nursing homes or bankrupt them when our very top leaders do not even force corporations to shift and force making PPE.... Read More

Yes, the company can try to get everyone to sign the arbitration agreement. However, you can try to negotiate the terms, like asking that the employor bear the full cost of any arbitration, allowing you to have an attorney and allowing you to have a say in who arbitrates. Also, even if you sign, you still maintain your right to file an administrative claim of discirmination with Texaw Workforce Commission and the EEOC.... Read More

If he was already part time with the church maybe he can collect unemployment benefits? He would admit that he quit his other job. He can not claim that he was fired. That would clearly be dishonest and disqualifying. He would be denied because he quit but he would quickly appeal and throw the dishonest church under the bus. The church is the entity which lied to him and in New York State the dishonest usually pay.  His benefits will likely be reduced by his part time earnings but he left a good job earning more money and the church should compensate for their lies. Did they also lie to him claiming that he would earn more money than he earned on his last full time job? With proof he might be able to sue under theories of tortious interference with prospective future employment, detrimental reliance or outright fraud but the church may react as it did when he insisted on his promised position and they apparently did not care. An honestly filed unemployment claim is probably his best bet. I am sorry to hear about this but there are many untrustworthy types who think they can lie and cheat, then hide behind religion. If they drive a car with religious emblems that speaks volumes itself. Good luck.  ... Read More

I dont know. Is colorado a permanent change and if so call a lawyer in that state. If you are not sure about exempt status and still are considered a new York employee call one of us. Those claims are challenging but recovery can be sweet. Good luck. Remember that neither you nor your employer nor your title determines exempt status. It's all about control, discretion independent judgment and specific position and job duties.... Read More

You must be able to perform your job duties with or without reasonable accommodations. Is intermittent FMLA helping you do so? Have you asked your health care providers about other accommodations. The Family Medical Leave Act does not "protect" anyone's job if an employer documents that during the time you are on the job you are not meeting expectations. For example, if everyone else's error rate is 2% and yours is double you may not be performing to standards. The key is equal treatment of performance while you are actually there. Do you need an assistant to keep work flow going while you are not there so you are not overwhelmed every time you return? More importantly, would providing one create an undue hardship and therefore be unreasonable?    ... Read More