New York Employment Legal Questions

Slip and fall cases are, by their nature, difficult. First, you must be able to prove negligence on the part of the property owner/occupant. Negligence could be defined as the failure to use REASONABLE care; the owner is not a guarantor. To do this, you must be able to prove that the owner put the slippery substance there, or that they had prior knowledge of the hazard and failed to take care of it promptly. Second, they will claim comparative fault, meaning that you had a duty to watch where you were walking, and thus are partly at fault. The result is that most lawyers are reluctant to take a slip and fall case unless there are substantial damages, and there are at least some arguments to be made on fault. You should definitely see a lawyer.... Read More

Vacations are not governed by any GA law. No law requires them to give employees any vacations. This is an employee benefit. There are no laws governing forfeiting vacation upon separation. Some companies pay, others forfeit when separated. Some forfeit only if the separation is involuntary. It is completely up to the company, therefore there is no one legally correct answer.... Read More

Unless the company's maintenance on the truck (if owned by the company) was 'grossly negligent', then your only option is workers compensation. You should file for same immediately. If someone else maintained or owned the trucks, you may have a claim. You should consult with counsel. Gerry Wendrovsky, Esq.- Upper West Side Accident Lawyer www.upperwestsidelawyer.com... Read More

Sue for what?- being induced to do something that you knew was illegal? There is an old saying- 'to get equity, you have to do equity'. The fact that you were fired may have been a blessing in disguise. Gerry Wendrovsky, Esq.- Upper West Side Employment Lawyer www.upperwestsidelawyer.com... Read More

Your question raises interesting issues, for which the answer requires more information- such as what is the claim the group has against your employer, what is the business of the nfp, and whether your 'termination' is appropriate. You should consult with local qualified counsel. Gerry Wendrovsky, Esq.- Upper West Side Employment Lawyer www.upperwestsidelawyer.com... Read More

Once your employer closes up shop, he willhave to terminate the pension and give you the opportunity to either roll over into an existing IRA or create a new IRA for your benefit. Rather than speculate on what hasn't happened, why not ask him when and how he will do the above? Gerry Wendrovsky, Esq.- Upper West Side Employment Lawyer www.upperwestsidelawyer.com... Read More

Most states have a law that require the employer to provide you access to, or a copy of your personnel file upon written notice to the employer.  Some states may limit this to current employees or those who were employed within the last 12 months.  You should check with your local state laws about this through the NY Dept of Labor or with an attorney.  Your request for your personnel file should also be in writing or email so you can document that you made this request.... Read More

You should contact the Dept. of Labor in Pennsylvania and New York to let them know that you have not been paid for hours worked. No reason justifies withholding earned pay. Go to their websites (Start with PA, because that's where you worked and were not compensated) and file a complaint or try to speak with a representative.... Read More