Employment Legal Questions

Are you an "at will" employee? No union, no private contract, not working for the government. If you are "at will" the employer needs no reason to let an employee go. None. So, technically you do not have to provide the police report. But if you don't, and you are "at will", the employer does not need to keep you on the payroll. The more important question is why do they want the police report? Do you have a history of absences? Do they not believe the excuse? If the employer does not believe you then you need to take action immediately to repair that situation. You probably took photographs of the damage to the cars with your phone. If it was a rental car then that company has a record of damage. If it was a private care then the body shop which repaired the damage has records. If the damage was not repaired on a private care then someone can draft an affidavit of ownership of the car along with sworn statements that the photographs they attach reflect the damage done while you were a passenger. If the driver was the owner then they can provide the affidavit with the photographs.   "At will" employees have to prove discrimination if they object to being terminated. That usually requires an employment lawyer. You should call several employment lawyers and ask them whether the above is true and what might you do in the event that you are being discriminated. If it's not discrimination, better to start the job hunt now. Good luck.... Read More

It's all about control. Those who control are generally employers. And the test for control differs from one governmental agency to another.   Many employers and employees think they can call themselves an independent contractor and that makes them a 1099 contractor. Not true.   Only the Department of Labor decides based on a complex fact based analysis who is or is not an employee. I have represented clients who they themselves believed were 1099s, who signed written contracts that they were independent, who the DOL determined were employees even though their pay rates for a year would have been a quarter million dollars and the 1099 contractor even decided their own rate of pay.   This misclassification can be very costly for an employer. Employment lawyers should be consulted.... Read More

What do your civil service papers say? Employee handbook, collective bargaining agreement, performance evaluations over 5 years, any and all verbal or written disciplinary notices over 5 years, promotions, etc... make sure you obtain a complete copy of your personnel file. It is subject to FOIL so anyone could obtain it if they paid for copies.   What does your union recommend? You need to exhaust all of your administrative remedies. If you face an adverse employment action which is sustained make sure to timely appeal that. Retaining private lawyers will be expensive so cooperating with union counsel might be a good idea.   If none of the above work are you being discriminatorily targeted? None of your facts reflect that. Consult with employment lawyers for possible discrimination although data security breaches if you should have known sound potentially serious. Especially if you deal with CONFIDENTIAL data that sounds compromising or potentially compromising.   We live in strained times. Data breaches can be catastrophic and the state or local governments have serious duties to protect breaches or even potential breaches. You have your work cut out for you. If you dont work as hard as your union or private counsel does to save your career it might be short lived.  Good luck.... Read More

Mr. Kubiak, Unfortunatly, there is not statutory or legal right/entitlement to severance pay if the employer has less than 50 employees, either under Federal or NJ law.  Even with 100 or more employees, laid-off workers are not necessarily entitled to severance if given the proper notice.  As for "other compensation", that is a very broad term and can be affectged by many variables, such as a collective bargaining agreement, etc.... Read More

In general, not complying with a company's cellphone use policy can be grounds for termination.  However, that policy cannot be enforced in a discriminatory manner or in a way that violates other protected rights . . .  such as Familial Status (Parental Status) protection.  Of course every situation is fact specificand can include many variables.... Read More

If you earned the bonus prior to separation of employment, and there is nothing in the written plans or employer policy against you receiving the bonus, then the bonus should be paid.  The facts you indicate are that the employer did send yo the check, but are you saying they stopped payment?  That would potentially bring about new claims as well.  I think you should seek counsel, and discuss it in more detail.  ... Read More

You are in a difficult position. You have a legitimate claim and now you must fight another battle at the same time with the same employer. You must proceed with you claim if you want redress. You must also address the allegations against you. I would focus upon the two litigations and not begin a third litigation regarding defamation. Defamation cases are expensive to litigate and difficult to prove. Ed Dimon, Esq. 732-797-1600... Read More

You must make a clear written record of what happened and what your witness will say. You must then determine how the written record and testimony helps [or hurts] with regard to the ruling and the basis of your employer's appeal of same.  We can review and advise you. Ed Dimon, Esq. 732-797-1600... Read More

Call Harvey Sanders or Lindy Korn. Or look under NELA or the state or county bar associations which have lawyer referral services. You might be responsible for unpaid wages which you may not have thought about. In New York those can go back 6 years and most employers do not keep great records. So even though you say part time if they can credibly argue full time or more unemployment might be the least of your concerns. Good luck. Sorry to hear about your husband but his condition is unlikely to have any bearing on labor laws.... Read More

The short answer is "No."  The Texas Payday Act states that hourly employees must be paid, at minimum, twice per month on pay dates that have been previously established by the company.  That said, I can't tell from your question whether the reason you didn't get paid on time was that the employer was punishing you for failing to clock in for an entire week or whether, since you didn't clock in for an entire week, the paycheck was not prepared accurately or on time. If the delay was punishment, then the employer probably violated the Payday Act.  If the delay was unavoidable becuase you didn't punch in for an entire week, the employer may have technically voilated the Act, but I'm not sure the Texas Workforce Commission (TWC), which enforces the act, would take any action. In any event, if you want to do something about the situation, you should contact the TWC and ask to file a Payday Act complaint.  If you choose to do so, bear in mind two things:  1) the process can take a couple of months - if the employer makes up the skipped paycheck in the interim, there is probably nothing the TWC will do; 2) the statute does not contain any protection against retaliation - if your employer fires you because of the complaint, you will not have any legal remedy.   Good luck.... Read More

Absolutely if you breached any common law duties of loyalty or confidentiality. You have a common law duty of loyalty to your employer. Even after you leave you can not disclose confidential information which you were privy to while you worked for a former employer. Even if an employer does not take reasonable steps to keep client lists confidential, once you are on notice not to contact clients your best option is to stop. Since you say the employer "would get an attorney" it sounds like you no longer work for this employer. That's all the more reason to stop. In some cases you might owe not just your own attorney's fees but in many cases employees find themselves having to reimburse their former employer for its attorney's fees as well. You should consult an employment lawyer immediately for details.... Read More

Maybe. Do you observe any religious holdiay which has been denied to you? Have you requested time off for such a holiday? The more interesting question is how you get paid and how many hours per week you work? Are you salaried? If so, are you sure that you qualify for an exemption? You might be entitled to overtime? You should call and speak to employment lawyers. We can often quickly help you decide whether a more in depth analysis is warranted.... Read More

Usually, no.  The Texas Payday Act states that an employer may not deduct any amounts from a paycheck except required taxes and child support unless it has written permission from the employee.  The second thing to know is that even if the employer had such written permission, it violates the Federal Fair Labor Standards Act if the deduction causes the paycheck to be reduced to an amount that results in an hourly wage which is less than minimum wage. You may file a Payday Act complaint with the Texas Workforce Commission - Labor Law Deparment to recover monies owned to you by way of an unlawful deduction.  See its website for the forms.  You have 180 days from the date you should have been paid to file the complaint.  The process takes some time, but it is free. Good luck.... Read More

Past employers have a conditional privilege to make certain statements about an employee to a prospective employer.  However, employers must also protect employees' privacy rights, particularly in connection with medical information, and there are protections for WC history.  You may find this article useful.... Read More