Employment Legal Questions

It's hard to predict that because judges' schedules determine dates. I am without knowledge regarding how you were discriminated but it's important to consider that "retirement" will not help wage loss damages calculations. A number of years ago a general practice lawyer, with about 40 years of experience, called me. He had failed to advise his client that it was imperative to keep looking for work and to keep a detailed log of every job a terminated employee applied for and was rejected after the "discriminatory" job loss. Mitigation of damages is key for all terminated employees. Remember that the courts tell us that employment discrimination damage awards are not a lottery ticket. What the courts mean is that every discriminated employee must prove the damages she or he has suffered. And the first prong of calculating damages is to examine past wage loss. For any period of time in which an employee was not seeking alternate employment many courts, if not all, may conclude that an employee did not mitigate damages and therefore will not award based on wage loss. During this pandemic I have personal knowledge of an employee who was reluctant to leave their job because they were of advancing age. They were certain that no one would hire them given their age. But as fate would have it, an employer from a far away state was willing to give them a remote job, working from home, earning more money than they earned from their prior employer. And with technology those possibilities are ones which I have heard about over and over again. I have spoken with and represented employees earning $500,000 as well as $50,000 pre-pandemic. And these employees have landed out-of-state positions, working from home here in New York, without ever leaving their residences, to interview, get hired, and perform jobs from home. Speak with your NYS DHR lawyer about mitigation of damages and what your best case scenario outcome might be if you failed to mitigate. My employment law reality check videos on YouTube suggest calling many employment lawyers for good reason. The Division of Human Rights does great things. But when pre-hearing conferences or settlement opportunities go nowhere sometimes it's because one or both sides have not deeply examined their positions or expectations. The judges who conduct those conferences are not ones who will hear your case. But they have witnessed hundreds or more complainants with very good lawyers lose those hearings more often than win them. Read the decisions. Both sides must be realistic about resolution. Take a look at decisions or orders of the New York State Division of Human Rights, paying special attention to the percentage of complainants who win at hearing, as well as the dollar amounts of awards. Google it. Those decisions, posted on-line, are valuable. Stay healthy and good luck. ... Read Answer

Everyone is entitled to be paid their wages or salary earned. Some employees have written agreements while others rely on verbal or handshake deals. Either one is valid although the verbal or handshake one is much harder to prove without witnesses or other evidence to support the pay rate. It looks like the pay rate had nothing to do with your quitting. By that, I mean, that the employer was paying you 700 weekly before you quit. In that scenario it should be much easier to prove that your agreement, regardless of whether it was put in writing or just verbal, and regardless of whether you agreed to work for a specific time period or were like most "at will" employed, should be enforceable. It also looks like you will potentially be filing a lawsuit in small claims court. The county small claims court clerk should be able to provide you with forms to help draft the complaint. The county where you performed services or where you live are the clerks you should contact. Before you start filing lawsuits you might consider a certified or registered letter to your former employer. This is not legal advice but the letter might read soemthing like this: Dear former employer, I worked until X date. Before then I informed you that I was "leaving". I had been paid X dollars a week before I resigned. My last paycheck was only for Y dollars (see attached). I should have been paid Z dollars instead (see copies of emails, texts contracts attached showing the higher rate). There was no policy or contract which I am aware of that required me to do anything before I resigned. I did not sign any authorization that you could deduct anything from my final paycheck except the normal deductions for taxes, etc... that you had been taking out all along. You owe me AA dollars plus interest, my costs of filing suit if I have to plus whatever else a court awards. I look forward to receiving BB dollars from you at CC address by DD date or I will have to pursue formal legal action. Sincerely, your name. Then when you file in court the above plus attachments will essentially be your lawsuit plus whatever the clerk suggests you add. Keep the signed return green card from the post office proving that your employer received your demand letter plus copies of the letter, receipts, attachments. Good luck. You should get paid. Small Claims Court.... Read Answer

OK so animals are only treated as property, and as a result their owners cannot sue for any emotional distress or pain and suffering or mental anguish that the owner has incurred as a result of medical negligence. However you can sue for any medical bills that have been incurred as a result of a veterinarians negligence. Most attorneys don't take these types of cases, so it will be a very uphill battle for you. You can always file a lawsuit in small claims court if the medical bills that you have incurred as a result of their negligence have to be born by you out of pocket.... Read Answer

Many employment law attorneys handle this type of thing. You have the ability to request an appeal, but that has to be done within 30 days of the overpayment determination. Contact an employment law attorney ASAP for specific advice. If all avenues of appeal have been exhausted, and especially if you are having other financial difficulties, you should consult a bankruptcy attorney. ... Read Answer

It sounds like you may be a victim of discrimination. It's illegal to discriminate based on a person's medical condition or their need to get treatment for a medical condition. Also, under the medical marijuana act, employers are not permitted to terminate you for having a medical marijuana card. There is also a chance here that they may have retaliated against you for filing a Workers' Compensation claim. I strongly recommend that you get a consultation with an employment and disability lawyer. Many of us would be happy to provide a free and confidential consultation. All you need to do is ask. Eric A. Shore... Read Answer

I'm so sorry that you were sexually assaulted at work. His behavior was not only inappropriate, but it was illegal. You definitely have rights and there are some actions you may want to take to protect your rates. For example, you should consider reporting this in writing to Human Resources. If you are still working with this individual, you may have a right to have him removed from the premises or to have him work different shifts so that you do not have to work in close proximity to him. I recommend that you get a free consultation with an attorney. Many of us would be happy to provide one. All you need to do is ask. Eric A. Shore... Read Answer

I believe you asked this same question on AVVO. I tried to provide some suggestions on that site. Apply honestly and if you are even considering opening your own business or conducting business as an independent contractor on-line make sure you ask New York State's Department of Labor before doing so. Were you to engage in or launch your own business before requesting or informing DOL that you intend to do so, that oversight usually results in a denial of benefits. Request permission before applying for unemployment benefits. Call some employment lawyers who have handled unemployment appeals during COVID, which I have not had the time to do. ... Read Answer

So in most jurisdictions, an uninvited guest or person who has no legal claim on property ownership or on the title deed can only be removed from that residence by the owner filing an unlawful detainer action. You should tell him that if he does not leave voluntarily, then you will be forced to file an unlawful detainer action, and he most likely will not be able to get a lease b/c an eviction action would go on his credit report. You should retain counsel in your state for representation. ... Read Answer

This very much sounds like retaliation. Not sure there are damages here that will make the case economically viable for a lawyer but the facts as presented are troubling. Yous should speak to a lawyer who specializes in employment law; you find one via the Michigan Bar attorney referal line at 800-968-0738.... Read Answer

Probably not a case unless you were a contracted employee.  If you were an at-will employee, then we would look to see if you are part of a protected class being discriminated against.  How long did you quarantine for? Do you have any at-risk qualities? Auto-immune disseases?  I think this would be difficult but I would need more details.  203.870.6700.... Read Answer

Although noncompetition agreements are not, generally, favorably viewed, courts do enforce them when necessary. Remember that an agreement is an agreement even if one side gets a bad deal. They use a balancing analysis to determine the impact on an employee's ability to work versus the investment, resources, contacts, training and other factors the employer invested and might unfairly lose. No one can answer your question with the sparse facts you provided. Rather than risk a cease and desist letter, possibly an injunction, you would best be servied by calling employment lawyers. Many will gladly speak with you on the phone for a few minutes. And probably most will agree to read and make suggestions on the actual restrictive covenant, employment offer letter, empoyer policies, other documents such as job descriptions which might be necessary for a flat fee. It's much cheaper to go that route than to lose 2 jobs. The one you quit and the new one which is potentially told about the restriction and lets you go for non-disclosure of the restriction.... Read Answer

Most employment is at will which means that an employee can be hired, promoted, or fired for good cause, bad cause, or no cause at all.  Absent statutory protection for certain classes of people against discrimination, an employer is free to act as he she or it wishes and the employee is free to quit at any time. I trust this has been helpful and, if you are in the Delaware Valley, feel free to call or email me on a free initial basis.   Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read Answer

The contract does have red flags. You should speak with the employer to determine the reasons for the clause and if the reasons apply to you. By way of example, are they moving the employee and family a long distance for this work ? Is there special training ? Ask for examples of how applied. Ed Dimon, Esq. 732-797-1600... Read Answer

Assuming you are a person of color, it is possible that you have a case: -on one hand, the tone and nature of the comment could be taken as a slur against you -on the other, your employer views promotion of people of color to be a company goal if you are interested in pursuing this, you will need the help of an expert in the law of labor and discrimination. I would be happy to refer you to a such a lawyer.   I hope this helps.... Read Answer

Yes so if a person is subjected to a hostile work environment, based on any discrimination based on race, ethnicity, skin color, national origin, disability, age or gender and a few others, then that person has a claim against the company if he or she put the company on notice of the discrimination and the company failed to take steps to stop it. If a direct supervisor was involved in perpetrating the discriminatory conduct, then that emoloyee does not have to put the company on notice. The company would be strictly liable if that person suffers an adverse employment decision. You should discuss your case in a private phone conference with counsel here in the state of Florida about possible representation.... Read Answer

Yes a witness that has been subpoenaed must show up to give testimony in the case that he has personal knowledge about. If you do not show up then a warrant for your arrest can be issued and you will be arrested and jailed once you are picked up for contempt of court. If you have been subpoenaed you are entitled to travel costs, so you should call the number on the subpoena and work out an arrangement so that they can pay for your transportation.... Read Answer

Objective observations of articulable symptoms of impairment. Just smelling is not enough. Just observing bloodshot eyes is not enough. It really depends on how he or others observed you performing your duties. And maybe your supervisor only noticed you make an error or mistake and required a drug test. An employer is unlikely to argue smell prompted testing. Your best test of whether you did not commit gross negligence will probably be when you apply for unemployment. Almost anyone qualifies for unemployment in New York so if you are denied that will speak volumes about any potential discrimination claim which you have not referenced. Employers can and do make mistakes and unless they discriminate by doing so, what's the cause of action?  You might be protected if you were once addicted to drugs or alcohol, were in rehabilitation and no longer abused drugs or alcohol, and you were fired. Or maybe your supervisor thought you were under the influence, sent you for testing based solely on his smelling marijuana, and your test produced a false positive, and your performance was not impaired with or without testing, you might have a claim. You state that you used to do the night time shift with him and it wasn't an issue because almost everybody smokes weed. Assuming that was before marijuana legalization how would that help? Employers can change policies or change how they enforce policies as long as everyone is treated similarly. If you were driving 85 mph down the interstate and were pulled over could you argue that 10 cars just passed you going more that 85 so the cop should have pulled them or everyone over? You drove the car a cop thought "I have enough on this guy to uphold a ticket" and only you were pulled over, so how does that argument work? When everyone violates a presumed policy against impairment at work everyone has to work without fault to avoid discipline, erst the first person who is observed performing below "standards" may lose their job even when others unseen performed worse. The employee must have facts which support a plausible theory of discrimination. Having your manager know you smoke weed anywhere is never a good thing, legal or not. Sharing personal information at work often causes bad outcomes. See this link: https://www.jdsupra.com/legalnews/nysdol-issues-guidance-regarding-the-9960323/ ... Read Answer

Maybe. It's tough to say for sure. Any time you have a situation where an employee is not following a manager's instruction the manager should follow the procedure in the employer's handbook or employee policies. Often that involves a verbal or written notice, suspension, possibly termination. If you verbally warned the employee, maybe writing them up would have been the next step. Most employers are not excited about calling the police unless it looks like safety is an issue. A guess would be that this employee might have a history of being problematic. Some employees need to be removed or suspended when it looks like they might get out of control. It's hard to say whether you should have called the police first. The employer may allege that you did not follow its policies or the handbook. It looks like you may have acted reasonably but that might not support discrimination. You know the hardest part of our jobs? Tellling employees that: 1) If they have no written employment agreement like a union contract or a private employment contract AND 2) The terminated employee has no facts to support a plausible (not just a guess or a hunch) theory of discrimination, unless is unpaid wages, we often cannot help. Courts are not super personnel boards. That means that a court will not come in and tell a poorly managed company how to run its business. Sometimes a company has no idea who was at fault and it just fires everyone. That's not necessarily illegal unless an employee has evidence of some form of discrimination against recovering addicts, persons with disabiliites, or other protected classes of employees. You should recover unemployment benefits unless you committed gross misconduct. If you touched the employee first, even if he taunted you to do so, that might be gross misconduct and benefits recovery questionable. Keep looking for another job. All employees have duties to mitigate or find new work and you are in an industry that needs skilled managers and employees.... Read Answer

Your wife does not have to put up with this abuse. She should retain counsel here in the state of Florida on contingency fee, which means she does not pay anything unless she wins the case. If the case is handled discreetly, she may be able to get a private and confidential settlement from the doctor without filing suit.      ... Read Answer

No one can force you to sign anything. But without a contract or policy severance is not required of any employer. So if your employer pays you lawful consideration, which can be almost anything, you may be giving up rights to challenge agreements which otherwise might not be enforceable. No lawyer can advise you on noncompetition provisions without knowing much more about what you do, who you do it for, and by reviewing the terms of the agreement you might sign. One thing that is almost certain is that in most cases employees have 7 days to rescind or revoke a signed agreement. In most cases employees have 21 days to review severance provisions, at least in New York, plus another 7 days to decide not to accept the terms. Your best option would be to pay an employment lawyer to review the agreement before you sign it. Today, many of us do so for flat rates and we do that for clients statewide. Seeing a lawyer in person is becoming more rare for many of us. Good luck. Retain an employment lawyer is your best option before signing. ... Read Answer

  As employment law is not my main area of practice, I sought advice from a local employment attorney who provided the following advice. As a general matter, an employer can require vaccination (and proof thereof) unless the employee has a documentable medical reason (i.e., disability), confirmed in writing by a treating physician; or religious reason, confirmed in writing  by clergy. If you fall into one of these categories, please advise as the law may protect you. Otherwise, there is no currently recognized legal protection for refusing an employer’s request to take the vaccine.  Feel free to call or email me for any follow up.   Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read Answer

As employment law is not my main area of practice, I sought advice from a local employment attorney who provided the following advice. As a general matter, an employer can require vaccination (and proof thereof) unless the employee has a documentable medical reason (i.e., disability), confirmed in writing by a treating physician; or religious reason, confirmed in writing  by clergy. If you fall into one of these categories, please advise as the law may protect you. Otherwise, there is no currently recognized legal protection for refusing an employer’s request to take the vaccine.  Feel free to call or email me for any follow up. Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read Answer