V Jonas Urba
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Answers Posted By V Jonas Urba
Not sure what "I tried to sue my employer" means. If you filed a charge, complaint, or action and it was either dismissed or you did not pursue it then you may have a timeliness issue regarding filing, appealing or otherwise acting.
The real issue appears to be what you did or did not do following the furlough. By that I mean did you diligently continue to follow up for rehire, called, texted, emailed regularly and did you make good faith efforts to mitigate your damages, meaning look for other work or re-apply for jobs with this employer? What have you done since losing this position? An employment lawyer knowledgeable in this area is likely to ask you very specific questions regarding these issues. Missing a filing or other deadline can be fatal. Call employment lawyers for further clarification. It's all about your facts.
posted Mar 28, 2024 09:56 AM [EST]
The real issue appears to be what you did or did not do following the furlough. By that I mean did you diligently continue to follow up for rehire, called, texted, emailed regularly and did you make good faith efforts to mitigate your damages, meaning look for other work or re-apply for jobs with this employer? What have you done since losing this position? An employment lawyer knowledgeable in this area is likely to ask you very specific questions regarding these issues. Missing a filing or other deadline can be fatal. Call employment lawyers for further clarification. It's all about your facts.
posted Mar 28, 2024 09:56 AM [EST]
Answer to Can my employer require repayment of all tuition reimbursements
The isolated sentence appears to say that. But the best option is to either ask your HR department or whoever offered that to you for clarification or retain an employment lawyer to review the entire offer letter and your employer's policies. Policies may change and there may have been some specific reason why your employer agreed to such reimbursement. Maybe there was discussion of growth in the company, maybe you relocated or sold a home and relied on what your employer promised. Or maybe you suspect or have been notified of an anticipated reduction in force. All of these possibilities could impact what happens and generally, everything is negotiable if you do so in advance. Usually an agreement is an agreement and there must have been some special circumstances because most employers try to avoid lawsuits. And disparate treatment is a real claim. They offer a benefit to you but not to other salaried or hourly comparable positions. Employers should not favor your potential promotion with higher education benefits but deny promotion potential to other protected classes; i.e. ages or races. Benefits should be similar for all full-time salaried employees or for hourly employees or other classifications unless good, non-discriminatory reasons exist which do not result in probable disparate treatment or impact.posted Feb 11, 2024 2:53 PM [EST]
Probably unless the desk was your property and an agreement, union or private, allowed you to store presumably employer property in your private space.
When you are at work the employer has a duty to keep the workplace reasonably safe and it's not unusual for employees to be disciplined when employers discover situations which merit discipline even when an employee might be on FMLA for example.
It can check to make sure you have complied with its policies as well as work assignments.
I have heard of employers reimbursing employees for their private cell phones also used for work. When the employer discovers a terminable offense it wipes that employee's private phone clean then reactivated it with the carrier it is paying. Employers may also request to see a cell phone used during work hours. Property used in furtherance of an employee's job is the employer's concern and most will exercise their right to access for good cause which can be almost anything. Of course it can't steal your private information such as credit card data used exclusively for you.
posted Jun 22, 2023 1:38 PM [EST]
When you are at work the employer has a duty to keep the workplace reasonably safe and it's not unusual for employees to be disciplined when employers discover situations which merit discipline even when an employee might be on FMLA for example.
It can check to make sure you have complied with its policies as well as work assignments.
I have heard of employers reimbursing employees for their private cell phones also used for work. When the employer discovers a terminable offense it wipes that employee's private phone clean then reactivated it with the carrier it is paying. Employers may also request to see a cell phone used during work hours. Property used in furtherance of an employee's job is the employer's concern and most will exercise their right to access for good cause which can be almost anything. Of course it can't steal your private information such as credit card data used exclusively for you.
posted Jun 22, 2023 1:38 PM [EST]
"About to whistle blow" is different from actually "whistleblowing". Unfortunately, precision is key with employment law matters. New York's whistleblower law was enhanced recently but it still requires blowing the whistle somewhere. Did you have a reasonable belief that a law was being broken and did you report that either to your employer or to some outside entity after which you were retaliated against? I just spoke with an employee who complained about discrimination after the employee was being investigated by the employer. Luckily that employee has union protection but timing is everything.
posted May 3, 2023 11:12 AM [EST]
posted May 3, 2023 11:12 AM [EST]
Reach out to some employment lawyers. End stage renal disease is serious. Unfortunately, all employees still bear the burden of proof. Once you establish that you are protected AND able to perform the essential functions of your job, with or without accommodation, the employer will allege what it claims to be a legitimate, nondiscriminatory reason to let you go (it might allege that you are an essential employee or that you have exceeded the maximum leave times bearable by this sized employer in its industry, without creating undue hardship to it).
This is where it gets tricky. If you need an accommodation you should ask for one with your physician's support of course. Then you will participate in a back and forth with your employer about how you might perform with or without accommodation. If the employer alleges undue hardship you may discuss alternatives. Most employers are careful enough to document these interactive process discussions. If no accommodation is available, for example medical experts cannot reasonably anticipate your return to work date or that date is too far out, that could result in termination. Remember that everyone, unfortunately even those most ill, must work or be trying to work. Social security disability recipients can have discrimination claims for part-time work but they are still working. Don't quit, make sure physicians keep providing return to work dates, and continue regular communication with HR. "At will" employment is what it sounds like. Good luck! Call some employment lawyers to discuss more than legal conclusions. We all need facts and search for strong ones.
posted Nov 3, 2022 3:13 PM [EST]
This is where it gets tricky. If you need an accommodation you should ask for one with your physician's support of course. Then you will participate in a back and forth with your employer about how you might perform with or without accommodation. If the employer alleges undue hardship you may discuss alternatives. Most employers are careful enough to document these interactive process discussions. If no accommodation is available, for example medical experts cannot reasonably anticipate your return to work date or that date is too far out, that could result in termination. Remember that everyone, unfortunately even those most ill, must work or be trying to work. Social security disability recipients can have discrimination claims for part-time work but they are still working. Don't quit, make sure physicians keep providing return to work dates, and continue regular communication with HR. "At will" employment is what it sounds like. Good luck! Call some employment lawyers to discuss more than legal conclusions. We all need facts and search for strong ones.
posted Nov 3, 2022 3:13 PM [EST]
If you perform services for the employer you must be paid for them.
If you are overpaid, no longer working, you generally return overpayments barring a contract to the contrary..
If you signed a noncompetition agreement which is valid, enforceable, reasonable you will be bound by the expressed, plain language of the agreement.
If you need an employment lawyer to review the document(s) you signed many will do so, remotely, for flat rates.
posted Jul 22, 2022 1:13 PM [EST]
If you are overpaid, no longer working, you generally return overpayments barring a contract to the contrary..
If you signed a noncompetition agreement which is valid, enforceable, reasonable you will be bound by the expressed, plain language of the agreement.
If you need an employment lawyer to review the document(s) you signed many will do so, remotely, for flat rates.
posted Jul 22, 2022 1:13 PM [EST]
Answer to Is this ageism?
I think the question you asked is whether it was "but-for" ageism? See below:https://www.jacksonlewis.com/resources-publication/supreme-court-rules-adea-plaintiffs-are-not-entitled-mixed-motive-instruction
The challenge with federal law age discrimination claims will be proving that were you younger you would have been promoted. Not simply that age played some role in the selection process but that it was the "but-for" cause of you not being promoted. A challenge for sure.
You might want to explore claims under New York's Executive Law which might be stronger by calling some employment lawyers about your particular facts. Employment law claims are all about the details.
posted Apr 23, 2021 08:25 AM [EST]
New York employers do not have to provide PTO or paid time off.
But beginning in 2021 New York employers statewide must provide paid sick leave. Here is a general link:
https://www.ny.gov/programs/new-york-paid-sick-leave
Since the paid sick leave is mandatory, not optional, some employers have begun cutting back on PTO or even eliminating it completely unless it is related to illness.
Employers can require employees to work whatever their business necessity requires. Some employers earn most of their money on weekends so working those hours might be a legitimate business necessity.
Of course, employees may request accommodations to exclude working certain days or times if such requests are supported by the protected class or classes to which they belong. Your question references no such classes of protection.
Review your employee handbook carefully. Most employers follow it uniformly for all employees. Although most handbooks are not contracts, if your employer is not following theirs ask human resources for clarification.
Unless you belong to a union protected by a collective agreement or have a private employment contract or work as a civil servant, be careful about an employer's mandate to take PTO. Employers, excluding the groups mentioned above, can eliminate PTO completely for everyone. Maybe contact the NLRB about how to organize your employer's employees to unionize before challenging taking mandatory PTO or you might be facing many unhappy co-workers if everyone's PTO is taken away.
posted Apr 8, 2021 08:49 AM [EST]
But beginning in 2021 New York employers statewide must provide paid sick leave. Here is a general link:
https://www.ny.gov/programs/new-york-paid-sick-leave
Since the paid sick leave is mandatory, not optional, some employers have begun cutting back on PTO or even eliminating it completely unless it is related to illness.
Employers can require employees to work whatever their business necessity requires. Some employers earn most of their money on weekends so working those hours might be a legitimate business necessity.
Of course, employees may request accommodations to exclude working certain days or times if such requests are supported by the protected class or classes to which they belong. Your question references no such classes of protection.
Review your employee handbook carefully. Most employers follow it uniformly for all employees. Although most handbooks are not contracts, if your employer is not following theirs ask human resources for clarification.
Unless you belong to a union protected by a collective agreement or have a private employment contract or work as a civil servant, be careful about an employer's mandate to take PTO. Employers, excluding the groups mentioned above, can eliminate PTO completely for everyone. Maybe contact the NLRB about how to organize your employer's employees to unionize before challenging taking mandatory PTO or you might be facing many unhappy co-workers if everyone's PTO is taken away.
posted Apr 8, 2021 08:49 AM [EST]
Are you being terminated from your 35-year position by the owner's younger family members?
Is your age or some other protected class to which you belong being considered by the younger family members in making their decision to terminate your employment?
With no written employment contract, no union representation, and no government employer you are probably considered an "at will" employee. If you are fired, you should recover unemployment benefits in New York State while you look for another job.
Employers may not discriminate against you. They may not consider the protected classes to which you belong in their decision to keep or to terminate you. Some of the protected classes to which you may belong, which cannot be considered, are your age, health or the health of others who you might care for, your race, your gender, sex or sexual identity, your marital status, your religion, your disabilities, the disabilities that this employer's family believe you might have, or the disabilities of persons for whom you care or associate with (i.e. caring for elderly family, etc...) or other protected classes to which you might belong.
Vigilant employers, although no law requires it, do offer employees some severance in exchange for those employees signing a general release and waiver, giving up employees' rights to sue their former employers for the above and more.
Were you paid for all of the hours you worked for this employer? Including overtime hours? Even if you were salaried you might be owed unpaid overtime if your employer improperly classified you as exempt when your job duties required that you be paid by the hour plus overtime pay. It's amazing how often that happens even by large corporations to this day.
In those situations you would have up to 6 years to recover unpaid wages or overtime. But once you sign a severance agreement you almost always give up or waive your rights to pursue such claims.
The above are examples of why it often pays to have an employment lawyer discuss these issues with you and review any proposed separation or severance package before you sign it. Good luck.
posted Feb 18, 2021 11:54 AM [EST]
Is your age or some other protected class to which you belong being considered by the younger family members in making their decision to terminate your employment?
With no written employment contract, no union representation, and no government employer you are probably considered an "at will" employee. If you are fired, you should recover unemployment benefits in New York State while you look for another job.
Employers may not discriminate against you. They may not consider the protected classes to which you belong in their decision to keep or to terminate you. Some of the protected classes to which you may belong, which cannot be considered, are your age, health or the health of others who you might care for, your race, your gender, sex or sexual identity, your marital status, your religion, your disabilities, the disabilities that this employer's family believe you might have, or the disabilities of persons for whom you care or associate with (i.e. caring for elderly family, etc...) or other protected classes to which you might belong.
Vigilant employers, although no law requires it, do offer employees some severance in exchange for those employees signing a general release and waiver, giving up employees' rights to sue their former employers for the above and more.
Were you paid for all of the hours you worked for this employer? Including overtime hours? Even if you were salaried you might be owed unpaid overtime if your employer improperly classified you as exempt when your job duties required that you be paid by the hour plus overtime pay. It's amazing how often that happens even by large corporations to this day.
In those situations you would have up to 6 years to recover unpaid wages or overtime. But once you sign a severance agreement you almost always give up or waive your rights to pursue such claims.
The above are examples of why it often pays to have an employment lawyer discuss these issues with you and review any proposed separation or severance package before you sign it. Good luck.
posted Feb 18, 2021 11:54 AM [EST]
If your first severance payment occurred more than 30 days after your severance date or last day of work then you could have applied for, began certifying for, and presumably receiving unemployment for the entire time that you were paid severance.
However, if your pay never lapsed then you will apply for unemployment benefits and the issue will be whether you chose to leave your seasonal job, whether you would have qualified for unemployment benefits even if you were still there, and if not, whether there was good cause for your choosing to leave that job.
Call some employment lawyers if the above does not answer the truncated question I think you were going to ask.
posted Feb 15, 2021 12:04 PM [EST]
However, if your pay never lapsed then you will apply for unemployment benefits and the issue will be whether you chose to leave your seasonal job, whether you would have qualified for unemployment benefits even if you were still there, and if not, whether there was good cause for your choosing to leave that job.
Call some employment lawyers if the above does not answer the truncated question I think you were going to ask.
posted Feb 15, 2021 12:04 PM [EST]
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