New York Employment Legal Questions

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321 legal questions have been posted about labor and employment by real users in New York. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include whistleblower litigation, wage and hour law, and occupational safety and health (osha). All topics and other states can be accessed in the dropdowns below.
New York Employment Questions & Legal Answers - Page 6
Do you have any New York Employment questions page 6 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 321 previously answered New York Employment questions.

Recent Legal Answers

It depends on the contract terms under which it was given.  The best way to handle it is not to give it back, make sure your position is stated in writing, and if they sue you, you have defenses.
It depends on the contract terms under which it was given.  The best way to handle it is not to give it back, make sure your position is stated... Read More
If this was not a scam, you can sue for the pay.
If this was not a scam, you can sue for the pay.

Is it illegal to take someones prescription to use for money?

Answered 8 years and 2 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Employment
What you are doing is illegal.  Give her the pills and sue for the money.
What you are doing is illegal.  Give her the pills and sue for the money.

What are my rights as it pertains to withdrawing a resignation?

Answered 8 years and 2 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Employment
Unless you have a contract, the resignation is meaningless.  You can quit on no notice whenever you want, and you can be fired on no notice whenever the employer wants.  If there is a contract, follow it on notices and write a withdrawal.
Unless you have a contract, the resignation is meaningless.  You can quit on no notice whenever you want, and you can be fired on no notice... Read More

Terminated Employment

Answered 8 years and 2 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Employment
Yes, as long as you were not discriminated against for a prohibited reason like race.
Yes, as long as you were not discriminated against for a prohibited reason like race.

How many days in a row can you work without getting penalized

Answered 8 years and 5 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Employment
As long as you are paid overtime, you can be asked to work as much as your boss wants, and quit if you do not like it.
As long as you are paid overtime, you can be asked to work as much as your boss wants, and quit if you do not like it.
Do they use their own cars or the school owned cars?  If school owned, definitely not.  If not, probably not.
Do they use their own cars or the school owned cars?  If school owned, definitely not.  If not, probably not.

I'm getting no representation at all from the Union

Answered 8 years and 5 months ago by attorney Lori Nevias   |   1 Answer   |  Legal Topics: Employment
You have two problems, my friend: you have a big mouth, and you're barking up the wrong tree. First- what did you expect to get from an internal investigation, exactly? If the general chairman is an embezzler and the president of the union did not share your outrage when informed of that, think he might be an embezzler, too? Second- this is a criminal matter, and you should've gone quietly to the District Attorney.  This is what they do- they put corrupt union bosses in jail. If your proof was convincing, they would have probably used you in a sting operation. But now you're useless in that capacity because everybody in the union knows who you are and what you're trying to do. Go to the DA with your proof, anyway. Did I mention it's what they do? And drop your internal investigation. Act like you made a big mistake and are sorry and the love notes and flat tires should stop. But let the DA know you'll work with them in any way you can. Quietly.  Your other complaint, for misrepresentation, seems unrelated to the other two, depending on what you're talking about, exactly. Were you misrepresented in prosecuting your internal charges?  If so, see the first paragraph above. If not, whatever it is, wait until things quiet down, and it becomes known that you're no longer (openly) on a crusade to take down the union bosses. It's not your job to do that. Give it some time and then you should have better luck getting your union reps to help you. ... Read More
You have two problems, my friend: you have a big mouth, and you're barking up the wrong tree. First- what did you expect to get from an internal... Read More
Yes. If you didn't sign a non-compete agreement, you can notify your patients that you're leaving and tell them where you're moving. In fact, you must notify them- you can't just leave and let them find out you're no longer their provider. If you had signed a non-compete, you would refer them to the other providers in your practice. But either way, they need to be put on notice that they need to select a new medical provider, or know where to find you after you leave. ... Read More
Yes. If you didn't sign a non-compete agreement, you can notify your patients that you're leaving and tell them where you're moving. In fact, you... Read More
Without more, just his statement, you will not be able to sue successfully.
Without more, just his statement, you will not be able to sue successfully.

Does it really take 20 days to get your workers comp settlement check?

Answered 8 years and 6 months ago by attorney Alena Shautsova   |   1 Answer   |  Legal Topics: Employment
It may take even longer.
It may take even longer.

Can I be terminated for not signing an emplyee handbook change?

Answered 8 years and 6 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Employment
Unless you have a contract, you can be terminated for any reason, unless it is protected, like your race or religion.
Unless you have a contract, you can be terminated for any reason, unless it is protected, like your race or religion.

Is it okay that I haven't gotten paid in over a month?

Answered 8 years and 6 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Employment
No.  Call the New York State Department of Labor immediately.
No.  Call the New York State Department of Labor immediately.

How do I get a court appointed attorney if I have an attorney already?

Answered 8 years and 6 months ago by attorney Alena Shautsova   |   1 Answer   |  Legal Topics: Employment
There are no free Immigration lawyers appointed by the government. You may try legal services, sometimes, they would assist with an Immigration case for free, but it is a limited representation usually.
There are no free Immigration lawyers appointed by the government. You may try legal services, sometimes, they would assist with an Immigration case... Read More

I have a question.

Answered 8 years and 6 months ago by attorney Kenneth T Kerner   |   1 Answer   |  Legal Topics: Employment
It is certainly worthwhile to investigate this issue. Have you obtaobtained the medical records for both yourself and your chilcchild?  Please call or email me to set up a consultation at no cost. Thank you.    Ken Kerner 212-964-1098
It is certainly worthwhile to investigate this issue. Have you obtaobtained the medical records for both yourself and your chilcchild?  Please... Read More

Who can I speak to?

Answered 8 years and 8 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Employment
Any arrangement you decribe must be subject to contract.  Otherwise you must be paid at least minimum wage for your work.  Thus, you can sue and/or file a complaint with the NYS department of Labor.
Any arrangement you decribe must be subject to contract.  Otherwise you must be paid at least minimum wage for your work.  Thus, you can... Read More
For a lawsuit, it is always better to be fired.
For a lawsuit, it is always better to be fired.
File a claim with the New York State Department of Labor.
File a claim with the New York State Department of Labor.
You do not have to be paid for not working unless your contract says otherwise, or in NYC you are not paid for five days of vacation otherwise.
You do not have to be paid for not working unless your contract says otherwise, or in NYC you are not paid for five days of vacation otherwise.
If you are fired it is a retaliation claim.  You can sue.
If you are fired it is a retaliation claim.  You can sue.
You cannot be fired for being sick.
You cannot be fired for being sick.

How can I prove my innocence and not have my name slandered for theft?

Answered 8 years and 10 months ago by attorney Alena Shautsova   |   1 Answer   |  Legal Topics: Employment
You should work with a criminal defense attorney.
You should work with a criminal defense attorney.
You can certainly ban smoking on the company property, including offices, outdoor areas, and especially directly outside the entrances and exits-and prohibit "smoking breaks" during work hours (it always amazes me how office workers seem to feel entitled to take unlimited smoking breaks.). But if you are trying to prevent employees from smoking on their personal time away from company property, that's not possible because smoking is legal.... Read More
You can certainly ban smoking on the company property, including offices, outdoor areas, and especially directly outside the entrances and exits-and... Read More

late pay rights

Answered 8 years and 11 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Employment
Unless you have a contract for a certain payment day, being paid a few days late is not illegal.
Unless you have a contract for a certain payment day, being paid a few days late is not illegal.