V Jonas Urba
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Answers Posted By V Jonas Urba
Most employees are "at will." If no union collective bargaining agreement, written term employment contract, or civil service laws protect you then you are probably "at will" like most employees are.
Never joke around or suggest leaving. Employers need absolutely no reason to let most employees go. You opened the door and they went for it. Also, they may deny your unemployment now because they may claim that you quit.
Make sure you deliver a letter to HR, your manager, etc... explaining to them that you had no intention of leaving, you enjoy working there (if you can say that with a straight face), you value them as an employer, and you wish to continue working. Hand that letter to everyone before you leave.
Do you have copies of all your performance evaluations and other important documents which you are lawfully entitled to access and which concern you? Have you LinkedIn connected with everyone you need to connect with to get another job? Have you considered offering to transfer somewhere else if this department is not the right fit for you?
Do whatever you can to stay. If you have to apply for unemployment you may have to say you joked about leaving, they gave you 2 weeks notice, then you did everything in your power to stay and they forced you out anyway. Don't just pack up and go because you may be denied unemployment benefits. Whatever you do, never lie to the DOL. That will assure that you do not recover unemployment benefits. Good luck.
posted Jul 5, 2018 10:25 AM [EST]
Never joke around or suggest leaving. Employers need absolutely no reason to let most employees go. You opened the door and they went for it. Also, they may deny your unemployment now because they may claim that you quit.
Make sure you deliver a letter to HR, your manager, etc... explaining to them that you had no intention of leaving, you enjoy working there (if you can say that with a straight face), you value them as an employer, and you wish to continue working. Hand that letter to everyone before you leave.
Do you have copies of all your performance evaluations and other important documents which you are lawfully entitled to access and which concern you? Have you LinkedIn connected with everyone you need to connect with to get another job? Have you considered offering to transfer somewhere else if this department is not the right fit for you?
Do whatever you can to stay. If you have to apply for unemployment you may have to say you joked about leaving, they gave you 2 weeks notice, then you did everything in your power to stay and they forced you out anyway. Don't just pack up and go because you may be denied unemployment benefits. Whatever you do, never lie to the DOL. That will assure that you do not recover unemployment benefits. Good luck.
posted Jul 5, 2018 10:25 AM [EST]
Workplace rules are not a civility code. That's a paraphrase from the United States Supreme Court. Employers do not have to be nice to employees.
But employers may not treat employees discriminatorily because an employee belongs to a protected class.
Do you suffer with a disability for example? Have you asked for an accommodation? Consult an employment lawyer for more info.
posted Jun 22, 2018 3:40 PM [EST]
But employers may not treat employees discriminatorily because an employee belongs to a protected class.
Do you suffer with a disability for example? Have you asked for an accommodation? Consult an employment lawyer for more info.
posted Jun 22, 2018 3:40 PM [EST]
Answer to Legally tied to my employers tuition retention agreement if they are sold?
"Once you are no longer an active employee or in protected service." Are you being terminated? New York will certainly examine who chose to sever your employment relationship. Were you fired or did you quit?If you are being fired your interpretation might? be correct although without complete evaluation of the documents referenced no one could provide you with a legal opinion upon which you might rely.
Today, many clients pay for reviews without ever meeting local counsel (i.e. on-line credit card payments for telephone consults - I represent more clients daily who I never meet in person).
You probably know why New York Law instead of Ohio Law was cited. New York has a long history of following Common Law doctrines. They include Duty of Loyalty, Faithless Servant, Quantum Meruit, among hundreds of others, which supplement codified state and federal laws. Additionally, the Long Arm Statutes which can reach out and grab someone regardless of where one resides, assuming sufficient New York contacts, are rather expedient.
Before relying upon your interpretation of an agreement which may be inaccurate you should retain counsel to review PDF e-mailed documents such as offer letters, prior and future employers' policies/procedures, employment contracts, tuition reimbursement agreements, waivers, amendments to benefits, revisions, etc...).
Please note that New York Courts have found the public policies of other states to be repulsive to those of New York State (i.e. Florida Law has been cited in at least one recent employment law case as repulsive if memory serves me correctly). It makes sense to have a skilled New York lawyer review all of your documents to advise you accordingly.
posted Jun 10, 2018 08:55 AM [EST]
If you work in or for an employer who applies new york law there do not appear to be monetary quantifiable damages based on your facts?
Unless you can prove that someone caused you to suffer a loss which you can quantify by, for example, associating a dollar amount to whatever valuable information you lost.
I have no knowledge of Canadian law.
posted May 29, 2018 6:23 PM [EST]
Unless you can prove that someone caused you to suffer a loss which you can quantify by, for example, associating a dollar amount to whatever valuable information you lost.
I have no knowledge of Canadian law.
posted May 29, 2018 6:23 PM [EST]
Answer to Okay for an employer to purposely schedule all shifts 5-15 minutes short of a 6 hour mandated break?
Employment laws are not a civility code. No employer needs to be fair or nice to any employee. They need to comply with labor laws.Without a union, a fixed term employment contract or working for the government employees are generally "at will." Employers are free to fire employees for no reason. Employees are free to leave for better jobs.
Is the employer violating spread of hours or other labor laws concerning pay? New York is very strict about enforcing wage and hour laws. Sometimes employees are paid a salary when their duties and responsibilities require them to be paid hourly. Other times hourly employees perform more than de minimis services for employers off the clock or responding to texts, e-mails and other work matters during their off hours or during an "interrupted" meal period. These hours often must be compensated.
Seek an employment lawyer consultation about these types of situations if getting a new job is not practical.
posted May 13, 2018 1:43 PM [EST]
Answer to Can you be charged for vacation time upon leaving w/ a Front Loaded vacation policy?
Does your question have anything to do with paid medical leave and an employer's obligations in New York State?If so, the employee should consult with an employment lawyer immediately.
If no, is it simply a change in benefits policies affecting everyone prospectively?
Under what terms did this employee leave your employer? Why did they leave? What other arrangements, loans, etc... might they have made with this employer which you are not aware of? Have you seen the written notice provided to the employee?Did the employee receive salary advances, etc....?
The employee should consult with legal counsel to get all the relevant facts for an opinion they can rely on.
posted Apr 19, 2018 2:18 PM [EST]
Answer to Do I have a chance to sue even after signing waiver (under duress)?
Similar to constructive discharge. Tough but not impossible.Have a lawyer review your agreement thoroughly. The longer you wait the less likely you might have an argument to make.
Unemployment benefits are pursuant to new state laws. The DOL wants people to recover benefits so long as everyone complies with the same laws and regulations. They were probably correct but have your counsel review that as well.
I am sorry to hear about your illness / disease. Sounds like you work in one of the 5 Burroughs. The New York City Human Rights Law is one of the most inclusive in the nation. Be thankful. You probably have a lot more rights than employees in almost any other part of the country. Make sure you consult with an employment lawyer next time.
If you believe that you are being blacklisted try to gather as much information as you can. New laws prohibit employers from discriminating against disabled, perceived disabled, and especially persons who are currently unemployed. Try to find out, in a civil manner, what criteria you may be missing or who the successful candidates have been. What are their educations, experience, and skill sets?
It's a very competitive market out there and discrimination does not include hiring the most qualified candidate. Keep records of every job you apply for and take notes of every question you are asked. Even today, some employers ask illegal questions during interviews. Keep copies of applications you submit.
It might pay to pay an employment lawyer to spend an hour or two with you discussing your specific duties, experience, and how you might better land a job. It sounds like your life is back on track and the right mindset, directed toward specific goals will probably land you in a great job. This is New York. It does not get any better than here even during these tough times. Good luck!
posted Apr 18, 2018 3:42 PM [EST]
Should you not ask your accountant that question to get the most advantageous tax treatment of a bad or potentially not collectible debt?
posted Apr 5, 2018 10:04 AM [EST]
posted Apr 5, 2018 10:04 AM [EST]
Truth is a defense to slander or defamation. Were the statements made by your employer to other coworkers true?
Did you send texts to "another employee" and did those texts include negative comments about your employer?
Every employee owes a duty of loyalty to their employer. If an employee does not like an employer or what an employer does the best action is never to document negative comments in texts, e-mails, or on social media. A better option is to find a new job.
If you have no union, no written employment agreement, and you do not work for the government you are most likely an "at will" employee. Most employees are "at will." They can be fired for a good reason, a bad reason, or no reason at all. An unlawful reason might include discrimination but an employee has to prove that they were fired because they are a member of a class of protected employees. That's not easy to do and requires evidence. Good luck.
posted Feb 28, 2018 09:31 AM [EST]
Did you send texts to "another employee" and did those texts include negative comments about your employer?
Every employee owes a duty of loyalty to their employer. If an employee does not like an employer or what an employer does the best action is never to document negative comments in texts, e-mails, or on social media. A better option is to find a new job.
If you have no union, no written employment agreement, and you do not work for the government you are most likely an "at will" employee. Most employees are "at will." They can be fired for a good reason, a bad reason, or no reason at all. An unlawful reason might include discrimination but an employee has to prove that they were fired because they are a member of a class of protected employees. That's not easy to do and requires evidence. Good luck.
posted Feb 28, 2018 09:31 AM [EST]
What does your union contract say? Most of them have very specific provisions about what happens when a company is liquidated, sold, or acquired by another company.
Was everyone treated the same way? If new PTO or earned leave policies are adopted do they apply to everyone from the same date? Are some classes of employees who are protected treated more favorably than others?
It sounds like you still have a job. Were this a non-union employer and they gave you the proper notices then you might not have either your position or the earned leave.
You have at least three choices. Set up an appointment with your union (preferably a lawyer) to discuss what options you have to possibly challenge what happened. Contact the National Labor Relations Board (assuming this is a private employer and private union) if you believe that the NLRA was not applied properly or followed. Or pay for a consultation with private counsel to review all of your documents - collective bargaining agreements, pay stubs, employee policies, etc... Good luck.
posted Feb 17, 2018 08:09 AM [EST]
Was everyone treated the same way? If new PTO or earned leave policies are adopted do they apply to everyone from the same date? Are some classes of employees who are protected treated more favorably than others?
It sounds like you still have a job. Were this a non-union employer and they gave you the proper notices then you might not have either your position or the earned leave.
You have at least three choices. Set up an appointment with your union (preferably a lawyer) to discuss what options you have to possibly challenge what happened. Contact the National Labor Relations Board (assuming this is a private employer and private union) if you believe that the NLRA was not applied properly or followed. Or pay for a consultation with private counsel to review all of your documents - collective bargaining agreements, pay stubs, employee policies, etc... Good luck.
posted Feb 17, 2018 08:09 AM [EST]