Employment Legal Questions

The DOL will apply the law uniformly to everyone. If they claim you were not totally unemployed they either have evidence that you earned money which you did not report or that you worked more than 3 days during a week. For example people who have their own businesses work at least 5 minutes every day so that would be problematic. Also, not telling DOL that you plan to run your own business would also be a problem since they need to know at the time you apply for benefits because otherwise they cannot determine who is or is not earning money on their own. You can call Jacob Korder Esq. who is very well versed in New York unemployment benefits. Here are 2 suggestions either way. #1 Make sure to request a complete file of your claim from the DOL before your hearing. They have evidence that you were not completely unemployed and you will need to cross examine the DOL's witness and submit your own bank statements and other evidence to prove or try to prove what income or earnings you had. #2 Testify honestly. A number of years ago when I had time to do these hearings I represented a highly paid sales person who I never met in person. I did have many many documents including sales logs, employee handbook, pay records etc... Everyone appeared by phone and my client lied. I just about hung up. I knew that he needed to tell the truth and that I could not lead him meaning to give him the answer. I had to repair his testimony without handing him or telling him what document he needed to honestly explain. I did it. Don't ask me how. I was amazed myself. The DOL even audited that transcript to make sure I had not led my own client. The client was ecstatic and thanked me for weeks thereafter.The moral of that story is to tell the truth. If I figured out my own client was lying so will the DOL judge. They have heard it all. They nor I need to see a client testifying to hear the truth. Its not that hard when we've done this for 30 years. So don't lie. Introduce all financial records which might help you. They want to give you benefits if they can so don't make it impossible for then to do so by not telling the truth.... Read Answer

Yes, if he made a comment that defamed your reputation, then you could sue him for defamation and slander. I am sure that counsel in your jurisdiction would be interested in at least looking at the case to take on contingency fee. Reason being is the car dealership may have an insurance policy that protects their employees and covers their employees for acts like this defamatory acts like this.... Read Answer

The employer can require a face mask and shield for the employee. By way of example, hospitals are requiring employees to wear face shields of a particular nature and masks and particular clothing such as the lead shield apron. The court will support decisions based upon worker safety. Please call if you have any questions. Ed Dimon, Esq. 732-797-1600... Read Answer

Hello, your facts are a little bit unclear. Are you stating that the person that was assaulted was assaulted on the job as an employee? Or was he or she assaulted while a guest or customer at the business establishment by an employee of that business? Because if the person that was assaulted several times was assaulted by employees of a business, while he was a guest or customer, then that person may have a security negligence case against the company for his damages from the assault.... Read Answer

Have you suggested that you might compete with them? Use the knowledge or contacts you gained unfairly? Trade sexmcrets and confidential information mean what they say. If you don't agree to noncompetition your employer may not keep you. If you are at will they dont even need a reason not to keep you. You might want to find that new job ASAP. If you are considering competing with them consult with an employment lawyer before you do. If you are thinking about signing the noncompetition agreement absolutely pay an employment lawyer to provide an opinion you can rely on.   Many noncompetitions are not enforceable. But the cost to defend one should be incentive enough to obtain a professional opinion just to get some guidance on how to handle or negotiate this.... Read Answer

If your first severance or dismissal pay is paid out more than 30 days after your separation date then in New York State it will not be considered for purposes of unemployment benefits. Make sure to honestly report all of your earnings or wages or income of any type to the DOL throughout your period of potential benefits and never permit someone else to report for you and do not leave New York while collecting unemployment for example a vacation. The DOL will eventually discover that you did if you do. Tell them before you go and depending on circumstances you may be able to continue collecting. And don't open or launch your own business unless you inform them well before you even think about doing so because that is not an option without prior approval. And pay an employment lawyer to review your noncompete. There might be more things to consider than you think because when you receive severance pay in exchange for even an otherwise unenforceable noncompete you are making a choice to be bound by those otherwise unenforceable terms. Many employees would rather just walk away instead so there must be some reason why you wish to be bound by those very possibly otherwise unenforceable terms? There's really no excuse not to pay some lawyer a flat fee to review them and advise you remotely.... Read Answer

So every employee could have taken and cashed your paycheck but they did not? You should probably keep an eye on your credit reports and monitor your loan activity or applications for a while. Damages. Every employment case and essentially all other legal claims are based on damages. And you would be the potential plaintiff on whom the burden of proof would lie. 1) Was the plaintiff damaged? 2) if yes what are the plaintiff's damages? 3) How will the plaintiff prove those damages? 4) What other remedies might be available and how much will it cost to pursue them? Employers are not perfect. They make mistakes. All the time. But they and their managers hand out paychecks. Employees who are "at will" work at the mercy of those who pay their wages or salaries. Employers can keep bad managers and fire good employees. The beauty of "at will" employment is that if an employee is not happy at the workplace they can quit. No questions asked. And if an employer is simply tired of seeing an unhappy employee at work every day they can release them from their misery. Not every employer is a good fit. If you are over this one find a new job first, then quit and move on.... Read Answer

If you were denied benefits, you should appeal the decision within the time frame provided by TWC. You have to go through each level of the appeals process if you keep getting denied. Once you reach the last level, you could file suit against the agency for denying your benefits. However, if they have a valid reason for denying your benefits, you may not be able to move forward with a lawsuit.... Read Answer

You may have a case for age discrimination, but you would have to provide a lot more information so that your claim can be fully assessed. The Age Discrimination in Employment Act protects you from being treated differently because of your age. You would need to file a charge of discrimination to bring your claims before Texas Workforce Commission and the EEOC. ... Read Answer

You state that your job offer was rescinded after you left your prior job. As long as you did not leave your prior job before you were offered a new job you should recover unemployment benefits. Unfortunately most employees do not enter written or enforceable "term" contracts of employment. That type of contract is for some specific term of employment. For example, for one year or unless you are fired for good cause. Most employees are "at will" which means that their employers need absolutely no cause at all to fire them. Unions protect all of their collective members with a contract called a collective bargaining agreement and government employees have civil service protection. Most other employees across the entire USA are "at will." No union, no contract. Apply for unemployment benefits honestly and in New York you should be able to collect them. Of course, if the driving record was affecting your prior employment and you were facing potential or actual consequences there that will require finding an unemployment insurance benefits appeals awyer to see whether you can secure benefits assuming you might be denied. Although sometimes, honest applicants squeeze in. Good luck.  ... Read Answer

There are instances where an employer can withhold wages at the end of employment, but only if you owe them money for some reason (ex., wage advance, relocation agreement, etc.) and have agreed to let the employer offset what you owe against your wages.  If you do not owe them any money, then they owe you ALL wages earned.  You should consider filing a claim with the Texas Workforce Commmission for unpaid wages.  Here is the link: https://www.twc.texas.gov/jobseekers/how-submit-wage-claim-under-texas-payday-law  ... Read Answer

You have some options. You can file a complaint with the wage and hour division of the department of labor. You could file for unemployment benefits since no one is obligated to work for free and by not paying you they are essentially firing you. Or you could sue them in small claims court. You might end up doing all three but maybe not at once.   You have to be paid weekly. Many employers are allowed to pay every two weeks. Good luck. It's probably time to look for a new job no matter what happens. In New York you have up to six years to collect unpaid wages.... Read Answer

Preusming you did not sign the second agreement, the first agreement would is the only one that would control and be enforcible.  Even if the company made a mistake. in order for that mistake to affect the terms of the first agreement, both parties (you and they) would have to had made the same mistake. If both parties to an agreement make mistakes regauring matierial (signifianct/important) terms of the agreement, either party can recind (cancell) the contract which is what the employment agreement actually is.... Read Answer

Has the alleged theft been reported to the police? Has anyone from law enforcement contacted you to discuss thie matter? How much are they claiming that you stole? These facts are important in determining what steps you need to take. Either way, you should have a criminal defense attorney working with you before this goes any further.... Read Answer

The appeal hearings (usually conducted by telephone conference) are designed to be conducted without attorneys.  Though having one is certainly permitted.  The hearing officer will guide both parties though the process, so you need not worry about knowing when to speak and when not to speak.  However, you should be prepared by knowing what you need to say.  The TWC has rules and guidance on its website about these hearings.  For instance, you should be familiar with why the commission initially denied your claim and be prepared to address why that was incorrect.  If the commission made a factual mistake, then you should have testimony (from yourself or other witnesses) or documents showing that it was incorrect and what the true facts are.  Other witnesses can be joined on the call.  They don't have to be present with you.  On the notice you received with the hearing date and time, there is a fax number or email address to which to send documents in advance of the hearing.  If documents are part of your proof as to why you are entitled to unemployment, make sure to sent them in on time in advance of the hearing and send a copy to the District's HR office.  If there are several documents, I would hand-number each page, so that when you are discussing something on the phone, everyone can get on the same page quickly. If both you and the district are in agreement as to some or all of the facts, but you disagree with the commission's application of a rule or law, then you might think about consulting a lawyer.  However, if you do your reasearch on the commission's website, you will find guidance and interpretation of the rules and laws as well.  You should be prepared to provide the hearing officer with the citation to any guidance or interpretation you find that is helpful to your case. Good luck!... Read Answer

Sometimes in the contexts of an employment contract, it is valid to require an employee to sign what is called a non-compete agreement. However, unlike non-compete agreements entered into as part transaction for a transaction for the sale of a business, non-competes in employment contracts are strictly scrutinized by courts. This means, that the agreement may not be enforced if it is unreasonable. Noncompete agreements are contracts or clauses by which one party agrees not to compete with another, in the same economic industry, in a certain geographical area, and for a defined term. Non-competition agreements are not illegal "per se", but they are subject to a careful study by the judge when disputes arise regarding their validity, execution, or compliance. To determine the validity or enforceability of noncompete agreement courts analyze its term of duration, its geographical scope, and the type of activities restricted.... Read Answer

You need to be very careful when cutting salaries.  If you have someone making less than $49,920 annually (if you have 25 employees or less) or $54,080 annually (if you are at 26+ employees) you have violated the law and yes, they can go to the labor board.  This often happens when a full time manager, let's say making $80K per year, is cut to part-time, now working 20 hours a week and down to $40K, they no longer qualify as salary exempt.... Read Answer

When a person marries a LPR or a US Citizen, that person is eligible to adjust his/her status, i.e. get a green card. The application process can be completed in two parts. First, sending an I-130 petition for alien relative (to prove eligibility) and then, form I-485 with accompanying documents and forms. During the second part, an applicant sends its I-765 to apply for work authorization and a social security number. Now, once the I-130 petition is approved the applicant can only move forward with the application. This means that at this point there is still no work authorization. That said, it is worth noting that the law understands that a person must work to live, accordingly form I-486 asks if a person has worked without authorization. Now, considering the question, if a person overstayed his/her visa, a waiver of unlawful presence is necessary. Once that waiver has been approved, a petitioner can move to the second part of the petition for a green card. ... Read Answer