Employment Legal Questions

Hello,  My firm handles employment-related legal matters. I can offer a free consultation over the phone. The purpose of the call will be discuss your situation in more detail so that I can fully evaluate whether you have any viable legal claims. Please provide your name, phone number and email address. I will be in touch to schedule mutually convenient time for the consultation. Thank you. ... Read Answer

You have very limited time to file an appeal the denial of unemployment benefits. It is very common for the initial determination to be a denial even though you should be eligible. Contact an attorney as soon as possible. Most appeals are done over the phone, meaning the attorney's location does not necessarily need to be close to you. ... Read Answer

Severance is a substitute for income and, as such, is taxable. The relocation payment is more complex in that the the amount given to you may be taxable, but the monies spent on relocation is tax deductible. One of my partners is both a CPA and a tax attorney. I did speak with him this morning. We can get more detailed answers if you need them. Ed Dimon, Esq. 732-797-1600 ext 235... Read Answer

If you have a reasonable fear for your physical safety or are being stalked go to the police. You can request an order of protection similar to any type of domestic situation where a partner feels threatened. Such an order will result in a transfer or termination of employment (hopefully not yours were a court to determine you are the aggressor) since that employee will then need to stay clear of you.... Read Answer

Interesting question. Have you called your physician? If you have any underlying conditions, are older, or vulnerable you may request an accommodation under either the NYS Human Rights Law or the ADA. Every employer has to comply with its general duty to provide a safe workplace under OSHA. But OSHA has guidelines not independent actions which individual employees pursue. String instruments are different from horns which require deep breathing which enhances the possibility of inhaling viruses. Ask your doctor. Make sure you communicate closely with HR and explain your concerns. Take notes. Keep records. There have not been that many COVID-19 lawsuits yet but that will likely change. Ask the employer for a copy of their safety guidelines for COVID-19. Every employer should have some by now. What extra cleaning and disinfectation will they be performing? You need all that information for your doctor. You will also want to call employment lawyers to follow up before you make final decisions. These are fluid times. Nothing is certain. Good luck. Watch some employment law reality check videos on YouTube.... Read Answer

If he has a copy of the short term disability plan he can submit his claim directly to the insurance company.  If his short term disability is funded by his employer then he can submit all his medical records directly to the employer or third party thag handles the std.  if you can not get any disability information then you must send a certified letter via us mail requesting a copy of the disability plan documents.  ... Read Answer

Apply for unemployment? You might qualify under the pandemic unemployment benefits even if you don't under state guidelines? Apply honestly and see what happens. Tell the DOL exactly what happened. Not having you report to your sister sounds legitimate. But there must be another shift other than the one your sister manages and most places do not want to lose hard workers because it costs money to train new employees. Since your sister still works there ask her how you can fit into the employer's workplace. Remember that not every employee is a good fit for every employer. I doubt that I could have worked for some of the employers that my brother worked for when we were younger. He and I have different styles, etc... Don't try to force yourself to work in a place if it's not the right fit for you because it looks like the fit is good for your sister. ... Read Answer

Hello,    Generally speaking, if you were laid off and not terminated for something that rises to the level of wilful misconduct, then you should qualify for unemployment. However, there are some exceptions. Feel free to contact my office for a free consultation. (215) 967-1544 or jwc@lawjwc.com... Read Answer

It sounds as though you already answered your own question.  Unless there are other elements at work such as a licensed certified supervisor, you have a problem.  Please feel free to contact us for assistance whether it is to properly set up and incorporate your business or for defense litigation or criminal defense.  Good luck. 203.870.6700... Read Answer

Be careful. Releases are contracts. You should retain a lawyer to review the severance agreement for a flat fee to make sure you do not release an impairment potential settlement. Medical benefits are not the same as settlement payments which could lead you down a long litigation. If you do not have a work comp lawyer retain one. They only recover if you recover and their fees are approved by the work comp board. Sign nothing without lawyers' reviews.... Read Answer

Hello,    You might qualify for unemployment under these circumstances. The general rule is that if you voluntarily reisgn, you are only eligible for unemployment  if the resignation was for a "necessitous and compelling reason." Also, you only qualify if you have exhausted other available remedies. For example, in this case, it may be best for you to see if your employer is taking reasonable steps to protect its employees, such as enforcing social distancing practices and/or providing personal protective equipment before you resign or otherwise refuse to show up for work. Ultimately, whether you would qualify for benefits would depend on the specifics facts of your situation. ... Read Answer

Hello,  I can discuss the workers' compensation view point. If you were injured by the robber or have developed PTSD you may have a claim for workers' compensation benefits. You would certianly want to see a doctor and fill out the necessary forms as well as inform your employer of the injury.  There is an arguement that this would not be covered by workers' compensation because the injury was the result of someone committing an intentional tort, but I would recommend still filing a claim and seeing a doctor if you are injured. ... Read Answer

Hello Mr. Bernardo,    Claustrophobia might be considered a disability under the Americans With Disabilities Act. Whether you have a case against your employer arising out of your termination would depend on the answer to several question, including: 1) Have you formally been diagnosed with claustrophobia? 2) Was your employer aware of your diagnosis? 3) Did you request an accommodation related to your claustrophobia (such as having more space between workers)? There may be other relevant questions or issues depending on the specific facts of your case. You should consult with an employment law attorney for further guidance. Feel free to call or email my office: Law Office of Jonathan W. Chase - (215) 967 1544 / jwc@lawjwc.com. I can offer you a free consultation at your convenience. ... Read Answer

Hello,    If you are a salaried employee that is exempt from the overtime laws, then it may be legal for you to get paid even though you did not actually work. For example, it is common for a salaried employee to receive their full pay for a week even if they took a day off that work.  However, if you are non-exempt, and you are workingin more than 40 hours per week, you may be entitled to overtime. An experience employment law attorney can help you determine whether you are properly classifed as exempt or non-exempt and wether your employer's payment practice is legal. ... Read Answer

If you have no contract with your employer either union or private employment contract and you don't work for the government then you are probably at will meaning you can leave or they can fire you; no questions asked, no reason needed. Many employees believe their employer has to notify them in writing to fire them, needs some reason to do so or can not change their job duties or job description for no reason. They are wrong. Unless the employer will be breaking a contract or some law they can do any of these things usually with no notice and for no reason. It looks like you are not happy. You need to leave. Don't get fired for gross misconduct or you may not collect unemployment. Look for another job confidentially and discreetly and then leave after you have another job lined up IN WRITING AND FOR A SPECIFIC TERM SUCH AS FROM NOW UNTIL JULY 1 2022. If you don't have a term you have no contract and if you don't have a contract the bait and switch might happen again. Good luck and remember that our entire world will likely look and function much differently when or if this ends so be prepared with a written specific term agreement. Unless you could prove for example that you detrimentally relied on their promise to employ you until you die or until you qualify for social security or for one year, etc... and that you told them that you were incurring expenses i.e. selling a house and moving, and now they are firing you, how would you prove detrimental reliance? Good luck. Stay safe if you are being required to work around others face protection is mandatory for all. Make sure people who look healthy don't kill you with a virus they don't know they have.... Read Answer

What if you do not return to work? Don't you want to recover the leave you earned? Leave is also not wages or earnings although you MUST report it to DOL when you apply for unemployment. Apply for unemployment be honest and tell them what your employer is doing and let DOL figure it out. Good luck. I think everyone should prepare for the potential of not returning to the same job or employer.... Read Answer

If you earn less than $504 weekly and your pay has been cut over 10% you may qualify for unemployment benefits in New York. If you qualify for even $1 of state unemployment you should receive an additional $600 per week of pandemic unemploymemt until potentially July 26 or 27, 2020 assuming you continue to qualify for state unemployment.... Read Answer