New York Employment Legal Questions

This might be discrimination, but it depends upon the details of your situation. One important detail is whether your employer could have accommodated your disability by assigning you to a route that did not require you to drive through the mountains. You should talk with a lawyer who specializes in wrongful termination and discrimination cases.... Read More

George, Two quick thoughts regarding your query. First, the New York Department of Labor offers a form that allows you to file a wage and hour complaint on your own.  That complaint form can be found here:  http://www.labor.ny.gov/formsdocs/wp/LS223.pdf Second, the New York Labor Code has a wage collection law designated as "Payment of Wages" to collect wages that you are owed but are unpaid.  That law specifies that employers must stick to their established pay schedule for paying employees.  If an employee is separated, quits, or is fired, then that money will still be owed, typically by the next pay period. There are other facts that are important to this claim, including: the nature of the work you performed, the employer's pay schedule, and any written contracts you have with that employer, as well as offers of bonuses or further compensation.  Despite this information, I would still consult with an employment lawyer in New York.  I do not practice law in New York.  Furthermore, there are other claims that could also be part of the complaint.  Consulting a plaintiff's employment lawyer in your jurisdiction is my ultimate recommendation to you.... Read More

I'd need a lot more info to give you a definite opinion, but in general, if you led them to believe that you were hiring them, and they went ahead and did work that they reasonably believed they were going to get paid for, then you might be on the hook. On the other hand, if they went ahead and acted on an assumption or a misunderstanding, that's their problem. Depending what state you live in, you may have some grounds for defense based on the "Statute of Frauds", which provides that some contracts must be in writing in order to be enforceable.... Read More

The answer really depends on what the co-worker was saying/doing to you and what exactly did you complain about and to whom.  You can not be retaliated against for having complained of harassment based on your race, religion, gender, national origin, disability, age, sexual harassment (and there are some other "protected classes") but you should really contact an attorney to discuss the specific facts in your situation in more detail.... Read More

Unfortunately, there is not enough information provided in your questions to really give the situation a fair assessment; the situation sounds much more complicated, but if you are not being paid minimum wage, that may illegal (depending on your job).  The next step should be to contact an attorney to discuss the facts in more detail and to see if you can get the help you need.  Good luck.... Read More

The answer is a little complicated, but generally speaking, the amount you were paid is spread over the number of hours you worked (regular and OT) and divided to get the average - and that is your hourly rate, what is then owed is the 1/2 that was not paid for every hour of OT worked.  This answer may change if you have a contract or something in writting as to your hourly rate.  Again, it is more complicated than that and you should contact an attorney as soon as possible becuase there are various time limitation that may pertain to your case under the different Federal snd State laws.... Read More

There is probably little you can do about this.  Your employer can give a raise and take it back, just as it can reduce/increase your hours, change your schedule, increase/decrease your pay, require you to work overtime (as long as it pays you), prohibit you from working overtime, etc.  However, what the employer cannot do is rescind or take away a raise becuase of your race, religion, gender, national origin, disability, age, or sexual orientation (or becuase you complained of discrimination.)   It is probably best to contact a few attorneys directly and that should give you a better idea as to what you can or can't do about this.  ... Read More

If your vacation and tenure were in writing, the 'new' employer is going to have a hard time with the NYS Labor Department. My suggestion is that you contact them and file a complaint. Generally, speaking, three weeks of vacation and tenure, if it was company policy and in writing, can not be dispensed with summarily by a successor corporation. Gerry Wendrovsky, Esq.- Upper West Side Employment Lawyer www.upperwestsidelawyer.com... Read More

The plain answer to your question is yes, anybody can sue anyone else for anything, so certainly you can sue your employer. The question is whether or not any lawsuit would have merit. In New York, you are an at will employee so you can be hired, fired or mistreated for any reason or no reason. So long as your employer's adverse treatment is not motivated by an illegal reason, the treatment, while maybe not fair, is not illegal. Failing to pay overtime for hours worked over forty for non-exempt employees is another story. You must be paid overtime if you are not exempt. Further, you must be provided with a statement showing hours worked, rate of pay and taxes withheld. If your employer is not doing this, you can sue him and you would have a valid claim. Contact an attorney.... Read More

Yes, people switch up lawyers all the time, especially in comp cases. Since your present lawyer has been working on this so long, though, you might have difficulty finding one who would be willing to take over at this late stage. Giv eyour current lawyer one last chance. Meet with him/her in person, agree on a deadline, confirm it in writing, and if it is not done, then switch.... Read More