Employment Legal Questions

An employer covered by Texas and federal anti-discrimination laws (which means an employer with at least 15 employees) has an obligation to take appropriate remedial action when it determines that an employee has been subject to a hostile work environment. While a single incident of harassing conduct would generally not create a hostile work environment, a fact-finder might reasonably conclude that a single incident involving physical assault does do so. Without dispute, if the respondent slapped the complainant's arm in anger, this would constitute workplace violence and justify severe discipline, including termination of the respondent's employment. However, if the respondent patted the complainant's arm in a joking manner, this would not constitute workplace violence. While it might justify some discipline, I am not aware of any authority that would fault an employer for not terminating the respondent's employment under these facts. Given that this incident occurred during a sales call, were there other employees present? Was the client present? Conducting a thorough investigation requires the employer interview all witnesses, including -- as awkward as it might be -- the client. Ultimately, based on information from all witnesses as well as the complainant and respondent, you should draw a reasonable conclusion and take appropriate remedial measures.... Read More

Your employer has a legal obligation to engage in the reasonable accommodation interactive process in good faith. Your employer does not have a legal obligation to provide you with the accommodation of your preference. Depending on the facts and circumstances, your request to work remotely might or might not be reasonable. If your employer suggested another obligation which would have allowed you to perform your essential job functions, then it would have complied with its legal obligation. If your employer refused to engage in the reasonable accommodation interactive process in good faith or otherwise failed to provide you a reasonable accommodation, and if your impairment otherwise qualifies as a disability, then you might have one or more claims under the Americans With Disabilities Act and related state law.... Read More

Without doing any statatory reasearch to see if the reason is actually addressed, I would suppose that one reason for the requirement could be to ensure that the person alpying for the renewal was, in fact, the same person who got the orignail licence.  I can see such a policy being rationally related to the State's interest of prtecting children and, therefore, justified under that rational.... Read More

You may have a case under the Americans with Disabilities Act (ADA).  However there are many elements and time limits that must be observed in order to succesfully navigate throught suche a case.  My office would be happy to speak with you further regarding a potential claim. 203.870.6700.  You can also go to the following link provided by the Connecticut Judicial Branch to review and read more about this process.  https://www.jud.ct.gov/ada/Grievance_Proc_SuperiorCourt.pdf... Read More

The key is the company response. Did they have the employee remove the material from the Internet ? Has there been inappropriate behavior at work which has been the subject of a complaint ? The company has to be put on notice and the company must then respond. These are fact sensitive cases. Ed Dimon, Esq. 732-797-1600 ... Read More

Most employee handbooks are not contracts. Their purpose is to protect employers who may be accused of disparate or unequal treatment of employees. Most employers try to follow the terms of those non-contracts in order to show that they treat all employees the same and that they promote compliance with labor laws. No lawyer may comment on bonus payments without reviewing/reading your particular policy. However, most policies do state that employees need to be on the payroll when bonuses are paid. A bonus, by definition, is discretionary. That means that employers are not mandated to pay bonuses and they often do so to encourage employees to continue working hard. If you decide to inform your employer that you are leaving, you probably should not count on the bonus. But to be sure, you should pay an employment lawyer to review your policy if you truly believe that you were entitled to the bonus payment. If you leave and are not paid the bonus you will likely have to sue the employer in small claims court. You may even need to retain a collecitons attorney if the employer does not pay thereafter.... Read More

Your employer must treat all employees the same. And it must follow CDC guidelines. Please see this link: https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws As you can read, the guidelines are subject to change at any time. What many people fail to recognize is that medicine is not an exact science. But that does not mean that we should not listen to the majority views of medical experts. They are trying to keep us safe and not kill people unnecessarily. If you have symptoms of the disease or have travled to high risk places then you should disclose those to your employer and your employer then assumes the risk that you may be contagious to others if there is an outbreak at work. Think of it this way. The governor tries to protect us when we are in public such as getting fuel or at the grocery store. The employer, with GUIDELINES from OSHA and the CDC, interpreted by the EEOC, are responsible for making our workplaces reasonably safe and free from know hazards. Some employers are much more risk taker types which places those employees at greater risk. But that does not mean that they can not take such risks. Such risks are generally not wise but our country does not necessarily prohibit risk taking employers from doing business. Good luck. Hopefully, this answers your questions. What will likely happen after this is done is that employees will need to choose workplaces which have similar philosophies regarding health and safety to their own. It may divide us even more than we are currently divided. It may force some to move from where they have lived their entire lives and to be very selective about where they work. You may simply have to find another job if your current employer is a big risk taker and does not consider potentially better testing worth the effort. Remember, that testing is to make sure that you do not infect others. If others are contagious because they have been inadequately tested that will not protect you even if you wear a mask. Social distancing and mask wearing are mostly to protect others. Excess hand washing and wearing gloves is mostly to protect you.   ... Read More

I just reviewed the Manhattan Community Board 3 sick leave policy. It is very specific. There are prerequisites which must be met. Check on line. You can Google and pull up your employee handbook online. Your sick leave policy will be posted somewhere. Call your HR department and ask someone to explain those benefits to you. A private lawyer may charge you to review and provide an opinion on your policy. Suing for 2 weeks of pay will not likely be cost justified. Why not file a grievance with your employer or union if HR is unable to explain why you apparently are not covered? Take notes of who you speak with and what they tell you.... Read More

I do not understand your question. If the employer is mandating that employees wear face shields then everyone must wear a face shield. That would include anyone you come into contact with. The face covering, whatever it is, is to protect other people. When we wear face protection that means that we care about the health and safety of other people. Wearing a face protection device is not necessarily protecting you as much as it almost certainly protects others. Those who do not do so indicate that their fellow citizens or residents mean nothing to them. If the employer refuses to provide the device then how would an employee know that the device they buy will meet the employer's expectations. Smart employers will list makes and models of devices in their employee handbooks. If other employees do not have to do the same you may have a discrimination claim for filing with the New York State Division of Human Rights. Any employee who has reason to believe discrimination may file a complaint. Good luck.... Read More

Mangers are sometimes but not always exempt from overtime pay. I can't tell you how many times employees would be better off being paid hourly than salaried. Many times an employee only realizes that when they land another job or leave. I assume they pay you a salary. Hopefully you have the discretion and independent judgment needed to be salary exempt. What that means is that if you are called a manager but don't have the discretion and independent judgment to be salary exempt then you are not. With a decent employment lawyer you might in that case be able to argue that you should have been paid hourly, you were not exempt, and you want to go back up to 6 years, ask for liquidated damages, and have your employer pay your own attorneys' fees when you win at trial. They are good cases but rarely easy or fast. You are apparently non union, you do not work for the government nor did you enter an employment contract, an agreement usually signed by an employee and their employer for a specific term (i.e. one year contract). If none of these apply you are probably "at will". What that means is that your private employer can lie to you. But they can not discriminate against you. Sometimes an employee thinks they were discriminated and when an employment lawyer speaks with them it turns out they are owed unpaid overtime. They were improperly classified as managers and should have been paid hourly plus overtime. In your case it might be that you were discriminated for some protected  class to which you belong and that might be your strongest claim. Or you might just quietly confidentially look for another job and leave a dishonest employer once you find a better one. Dishonesty itself is not illegal. Dishonesty in selling a product or negotiating a goods contract might be. But in employment as long as an employee is paid at least minimum wage plus overtime thats often OK. Unless the employee is misled into believing they are an assistant manager when they have no authority to hire or fire, don't make policies and the list goes on. In that case even a $90,000 a year manager might be entitled to unpaid overtime. Why? Because their salary pay stubs misrepresented the implied discrtion and independent judgment they were supposed to have. Make someone a manager they better have the discretion and independent judgment which goes with that title. It is shocking how many employees never realized they were being discriminated. But proving that takes time and good strong facts. Call some employment lawyers because I can read that if you complain too much without having a backup plan of potential litigation you could lose your job and maybe even unemployment benefits.... Read More

Timely appeal the denial of benefits. Make sure to introduce into evidence all your medical records as well as all the jobs you have applied for which you can actually perform. Hire an employment lawyer for your unemployment appeal hearing if it's not too late. Everyone has a duty to mitigate damages which means to keep looking for work. Gather all the evidence of that which will probably be as important as your medical evidence.... Read More

A licensed employment lawyer in New York can do that. We charge anywhere from $250 to $500 to review those. If you have an employment contract, non-compete concerns or other issues probably the high end. Good luck. Usually the lawyer will speak with you, agree on a fee and when the review will occur, you pay on line, the lawyer reviews and makes notes on the agreement which are scanned and emailed to you, sometimes you engage in a follow up phone conference. Any services beyond those would be extra.... Read More

The vacation check maybe depending on how you left, what their policy was and whether it was applied uniformly. The last paycheck probably not. There are very limited circumstances under which employees consent in writing to deductions from pay. Withholding pay is never allowed unless they had overpaid you or were obligated usually by court order to forward the money for your unpaid debts if any. Demand your money in writing certified mail green card returned. If they dont pay sue them in small claims court in whatever county you worked or where they do business. It costs very little for you assuming it's done in good faith. An employment lawyer would need to carefully read all of your paperwork mentioned above, lawyers have bills like you, and it looks like it would be more economical for you to give it the old college try yourself with the small claims court. Good luck.... Read More