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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 9
Do you have any New York Employment questions page 9 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.
Labor and Employment
New York

Recent Legal Answers

If I am a college student on H4 visa, can I get a SSN and work legally if I get a work permit?

Answered 9 years and 10 months ago by attorney Alena Shautsova   |   1 Answer   |  Legal Topics: Employment
If you do not hold F status, but H4 status, you will be able to work once you get an EAD.
If you do not hold F status, but H4 status, you will be able to work once you get an EAD.

Is this legal if my employer has expanded our hours until 7pm, stated it would be for 6 months but 6 months has come and past?

Answered 9 years and 10 months ago by attorney Alena Shautsova   |   1 Answer   |  Legal Topics: Employment
You need to be paid overtime if applicable and for every hour worked. Talk to an attorney.
You need to be paid overtime if applicable and for every hour worked. Talk to an attorney.

If I require an employee to call to work in the morning to see if he needs to come in to work that day do I have to compensate him for being on call.

Answered 9 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Employment
No.  It is clearly a part time job.
No.  It is clearly a part time job.

My mother's company has suspended her cause she got arrested for petty thief?

Answered 9 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Employment
There is nothing improper here.  If she is acquitted, she will be reinstated.  If she is guilty, she will be terminated.
There is nothing improper here.  If she is acquitted, she will be reinstated.  If she is guilty, she will be terminated.

Is it possible for my ex-employer to request wage/money back for working past my scheduled time?

Answered 9 years and 11 months ago by attorney Alena Shautsova   |   1 Answer   |  Legal Topics: Employment
If you worked, you are entitled to be paid for it. Your credibility is damaged however. You should speak with an attorney.
If you worked, you are entitled to be paid for it. Your credibility is damaged however. You should speak with an attorney.

In New York City, how do you contest an erronious 1099?

Answered 9 years and 11 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Employment
The IRS has a form for this.  Also, contact the NYS Department of Labor, who vigorously enforces employers who fail to withhold taxes properly.  You can make a complaint there.
The IRS has a form for this.  Also, contact the NYS Department of Labor, who vigorously enforces employers who fail to withhold taxes... Read More

Is it harassment if one person target you all the time and poke you in the front of your office colleague?

Answered 10 years ago by attorney Alena Shautsova   |   1 Answer   |  Legal Topics: Employment
You should consult with an attorney to see if the harassment you experienced of a type that the law prohibits.
You should consult with an attorney to see if the harassment you experienced of a type that the law prohibits.

I'm 27, can I drive for work on my permit or is there something I can get so I can?

Answered 10 years and a month ago by attorney Alena Shautsova   |   1 Answer   |  Legal Topics: Employment
A learner's permit? You should check with DMV.
A learner's permit? You should check with DMV.

Is it too late to sue if I was terminated in January 2015?

Answered 10 years and 3 months ago by Mr. Michael John Borrelli (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Employment
It really depends on the claim. Different claims carry different statutes of limitations with which to commence an action whether it be an administrative action or a formal civil court action.
It really depends on the claim. Different claims carry different statutes of limitations with which to commence an action whether it be an... Read More

Is it too late to sue if I was terminated in January 2015?

Answered 10 years and 3 months ago by Nathan James Wagner (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Employment
You should talk to a local lawyer as soon as possible. Some wrongful termination claims have a 1 year statute of limitations, so you may have to move quickly to file your claim, or you risk losing it forever.
You should talk to a local lawyer as soon as possible. Some wrongful termination claims have a 1 year statute of limitations, so you may have to move... Read More

What do I do now if ex-employer owes me money?

Answered 10 years and 4 months ago by attorney Alena Shautsova   |   1 Answer   |  Legal Topics: Employment
You can complain to Wage and Hour division of Department of Labor or you can sue your employer.
You can complain to Wage and Hour division of Department of Labor or you can sue your employer.

If I was caught shoplifting two years ago, is that still on my record?

Answered 10 years and 6 months ago by attorney Alena Shautsova   |   1 Answer   |  Legal Topics: Employment
Yes, it is still on your record.
Yes, it is still on your record.

Will a criminal violation charge dropped after 6 months come up in background check?

Answered 10 years and 6 months ago by attorney Alena Shautsova   |   1 Answer   |  Legal Topics: Employment
Yes it will.
Yes it will.

Does my employer have to provide a letter saying I no longer work for them?

Answered 10 years and 6 months ago by attorney Alena Shautsova   |   1 Answer   |  Legal Topics: Employment
It is not illegal.
It is not illegal.

If I was convicted of a misdemeanor at age 17, will employers be able to see now that I am 18?

Answered 10 years and 6 months ago by attorney Alena Shautsova   |   1 Answer   |  Legal Topics: Employment
You should be truthful when filling out employment applications. Consult with an attorney in person.
You should be truthful when filling out employment applications. Consult with an attorney in person.

What happens in a class action lawsuit regarding employment wages? How?

Answered 10 years and 6 months ago by William L. Sanders (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Employment
I would have to read the notice you received to advise you. entitled to join? I suspect you may have this backwards. You likely ARE a member of the class, unless you opt out. If you remain in the class, some one else does all the work, and you may receive some settlement. If you opt out, you are on your own to file your own suit, hire your own lawyer, etc. But, I would have to read the notice you received to advise you, and you should not rely on this as legal advice.... Read More
I would have to read the notice you received to advise you. entitled to join? I suspect you may have this backwards. You likely ARE a member of... Read More

How long will it take if I sponsor my unmarried daughter over 21 years old?

Answered 10 years and 6 months ago by attorney Alena Shautsova   |   1 Answer   |  Legal Topics: Employment
You can find out that by checking visa bulletin.
You can find out that by checking visa bulletin.

What rights do I have to enforce the rules on the use of home office by a consultant?

Answered 10 years and 7 months ago by attorney Alena Shautsova   |   1 Answer   |  Legal Topics: Employment
It seems you need to discuss it with your husband...oh fire the assistant.
It seems you need to discuss it with your husband...oh fire the assistant.

Can we sue our employee for defamation after he was caught with illegal materials? How?

Answered 10 years and 7 months ago by William L. Sanders (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Employment
This is not an employment law question. I do not know the answer.
This is not an employment law question. I do not know the answer.

Can someone be fired for having an affair with the bosses husband? How?

Answered 10 years and 7 months ago by William L. Sanders (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Employment
Yes, in GA, one may be fired for any reason, including a bad reason or a mistake, so long as the discharge is not based on the EEOC protected grounds: Race, age, sex, national origin, handicap, or religion. If it is not on that list, it is not protected, and the employee is fair game for discharge. Therefore, in GA, one may be fired for "sleeping with the bosses' husband" if that is the real reason for the discharge. If an unemployment claim was filed, and there was sufficient, legal evidence (not hearsay) of sleeping with the bosses' husband the unemployment claim would be denied. For more info, Google this: Georgia, employment at will. If you are not in GA, resubmit your question and identify your state. The laws vary from state to state, and this answer may not be correct, if you are not in GA. But, in every state: One should not have sex with any one related to work, unless they are married. It is a foolish act that almost always ends with bad consequences. If one wants to have an affair, do it with some one not connected to work. "Do not get your honey where you get your money."... Read More
Yes, in GA, one may be fired for any reason, including a bad reason or a mistake, so long as the discharge is not based on the EEOC protected... Read More

Can someone be fired for having an affair with the bosses husband? How?

Answered 10 years and 7 months ago by attorney Alena Shautsova   |   2 Answers   |  Legal Topics: Employment
In New York, it will be a good reason.
In New York, it will be a good reason.

What can I do if my boss tried to slap me and they said to take my ID?

Answered 10 years and 7 months ago by Andrew Tyler Velonis (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Employment
I'd have to know more details: how did this come about, were there any witnesses, do you have a union, do you work for a government agency, is there an HR dept.
I'd have to know more details: how did this come about, were there any witnesses, do you have a union, do you work for a government agency, is there... Read More

Could I get unemployment benefits?

Answered 10 years and 7 months ago by Mr. Scott M Behren (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Employment
I would say no.
I would say no.

What can I do if people at my job are harassing me for being gay? How?

Answered 10 years and 7 months ago by William L. Sanders (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Employment
Ask the same question 2 months ago, before the recent Supreme Court decision, and you would get a different answer. But, the supreme court changed a lot with the same sex marriage case. They changed more than just the marriage issue. I do not practice this area, so I can not give you a reliable answer. Go see an attorney that handles discrimination cases. I have heard that EEOC now considers discrimination based on same sex orientation as now actionable. If so, you have a good case. You would even have a good case if you are straight, and others incorrectly perceive you as gay, and discriminate against you.... Read More
Ask the same question 2 months ago, before the recent Supreme Court decision, and you would get a different answer. But, the supreme court changed a... Read More

What can I do if people at my job are harassing me for being gay? How?

Answered 10 years and 7 months ago by Mr. Scott M Behren (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Employment
You can file a complaint with HR or maybe the EEOC or local discrimination entity.
You can file a complaint with HR or maybe the EEOC or local discrimination entity.
Labor and Employment
New York

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