Answers Posted By Jeanne M. Valentine

Answer to Can I sue the company who didn't pay me until two month later~

Ms. Pastor has it right - there is no need to sue anyone. Simply call the EEOC or Department of Labor in your area and they will get you paid. It's not just a breach of their agreement with you, it is unlawful to withhold your income for any length of time so they are in big trouble. If you want to get paid instantly, tell your former employer they have 2 days to issue you a check before the Department of Labor is notified and trust me, the DOL will investigate the entire company if they are alerted to this practice. It won't be good for anyone. Good luck.

posted Jul 3, 2013 10:26 AM [EST]

Answer to Can an employer garnish my wages for a broken laptop?

It is unlawful to deduct anything from wages except taxes, insurance and authorized investment payments. The employer must pay you exactly what you earned less those enumerated deductions. They can go after you in other ways to get the money for the broken lap top. They can fire you, they can demote you, they can sue you. But they cannot withhold your earned pay unless they have a court order permitting them to do so.
Good luck.

posted Dec 6, 2012 3:04 PM [EST]

Answer to I know severance pay isn't mandatory, but.........

You're right, severance pay is not mandatory unless the employer is obligated to pay it pursuant to an employment contract. Precedence doesn't apply where they are under no obligation to pay severance to begin with. Ask yourself if the owners are all younger than you or if they have made any comments about "retiring" or your age and, if so, perhaps they are terminating you due to your age rather then lack of business. That would be unlawful - it's not easy to prove but be sure all your rights are protected.
Good luck.
Jeanne M. Valentine
www.HusonValleyEmploymentLaw.com

posted Apr 25, 2012 1:43 PM [EST]

Answer to what are my options if my company is using me to help with outsourcing

New York considers your employment to be "at will." that means you can be fired or you can quit at any time for any reason (other than a violation of your civil or statutory rights, which appear to not be an issue here). Because you don't have a contract obligating your employer to keep you employed for any specific length of time, they can fire you today, next week, after the company implements the new system - whenever. As long as they pay you for the work you're doing, they have met their end of any employment relationship you have. You don't have a right to future employment - no one does without a contract. If you want a contract to guarantee future employment, you should speak with a lawyer to have a proposal drafted.
Good luck.
Jeannie Valentine
www.HudsonValleyEmploymentLaw.com

posted Apr 10, 2012 07:22 AM [EST]

Answer to how can i prove the masons are an organized gang who bully non members in the workplace?

Bullying in the workplace is not unlawful. Employment in the US is "at will" which means employees are not indentured servants and are free to quit at any time, for any reason. There is no legal entitlement to a job, no entitlement to a pleasant working environment and no entitlement to fair treatment amongst employees (although all employees are entitled to be treated fairly with respect to their age, sexual orientation, gender, race and religion). If you're being discrimnated against due to those factors, then maybe you have something but there is no protection from being a "non-member" of an organization unless it's a recognized labor union. And trust me, even fighting a labor union is an uphill battle.

Good luck.

posted Feb 10, 2012 5:54 PM [EST]

Answer to Cursed at and threatend with a corrective action (write Up)

There is far too much information missing from your post to adequately assess it. Most importantly, what was the "leave" you were talking about? There are special rules for employers concerning medical/caregiver leave that may apply. Otherwise, employers are free to fire employees for any reason or no reason at all in NY, and it is universally true that an employer is entitled to terminate an employee who walks off the job. You are always entitled to fight for unemployment benefits, but whether you will win is largely dependent on the leave to which you refer and the nature of your argument with your supervisor. Good luck.

Jeannie Valentine
The Valentine Law Office PLLC
www.HudsonValleyEmploymentLaw.com

posted Jan 28, 2012 1:13 PM [EST]

Answer to Is an employer required to pay vacation pay if exceptions were made to past employees?

Vacation pay is governed by the employer's company policy. There is no law in NY requiring any employer to pay vacation pay due or earned when employment terminates; instead, the law states that employees must be paid vacation/holiday/personal/sick pay in accordance with company policy. However, I would have advised the employer to treat each person exactly the same in every situation because the employer risks the NYS Department of Labor finding that the policy is not "hard and fast," and so they do owe vacation pay that is in line with their "practice." I believe you have a good argument to be paid your vacation pay because the employer has made exceptions to its policy in the past, although your argument is not the proverbial slam dunk. You have nothing to lose to pursue it. Good luck.

Jeanne M. Valentine
www.hudsonvalleyemploymentlaw.com

posted Nov 22, 2011 7:18 PM [EST]

Answer to Do I have any legal rights as I resigned from my position when asked to do something illegal.

As long as you complained about the illegal activity, or stated your objection to it, and refused to participate in the illegal activity and stated your reasons for refusing to participate, AND if you can prove you were essentially forced to quit, then your termination may have been unlawful. In NY, an employer is prohibited from retaliating against an employee for refusing to participate in insurance fraud, but only if the employee has objected to the fraud; the employer must know you objected to it. Retaliation claims typically have a one-year statute of limitations so you may have missed the deadline to file a law suit. You need to discuss the details of the fraud and the circumstances surrounding your resignation with an employment lawyer to know your rights - everything is fact-specific. Good luck.

Jeannie Valentine
www.HudsonValleyEmploymentLaw.com

posted Oct 3, 2011 11:15 AM [EST]

Answer to I signed a, NON COMPETE CLAUSE

The simple answer is no. Non-competes can be enforceable as long as they are fair regardless of how your employment terminates. Fair is defined by various factors under the law. If you were fired because the company could not pay you, effectively laid off for instance, then it's probably not enforceable in NY. You need to have an employment lawyer look at the language to adequately advise you on whether and where you may be able to work and for how long. Good luck.
Jeanie Valentine
www.hudsonvalleyemploymentlaw.com

posted Sep 27, 2011 3:07 PM [EST]

Answer to My employer is trying to force me to resign through extreme micro-management

Hello. It seems like your situation is very unfair, and unfortunately typical when an employer wants to convince an employee to quit. Employees have the right to enjoy a work place free from discrimination and retaliation based on your statutory or civil rights: your employer may not harass you because of your age, race, sexuality, gender, religion or if you're pregnant or a whistleblower (you tell a governing authority about unlawful practices in the company). However, there is no right to a pleasant working environment or to fair treatment amongst colleagues. I see nothing in your post that would support a claim that your employer is violating your civil rights. It reads as if you are simply in a bad place with a bad boss, and there is nothing unlawful about that because you are free to leave. As for the non-compete, you may have something there...depending on when it was issued, if it was renewed, if it's supported by consideration, how broad it is, etc. Contact an employment lawyer to look it over for you and maybe you'd be ok to compete if you quit or if you're fired based on the langage. NY courts often do not enforce non-competes unless they meet very strict requirements. Good luck.
Jeannie Valentine
www.hudsonvalleyemploymentlaw.com

posted Sep 27, 2011 09:04 AM [EST]