V Jonas Urba
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Answers Posted By V Jonas Urba
Unless you committed gross misconduct or your earnings fall short of minimal requirements, if you were short-term, you should qualify for benefits through the NYS DOL.
You may be thinking of social security benefits which some government entities lawfully opt out of because their own benefits or safety net is superior.
posted Jan 12, 2021 7:02 PM [EST]
You may be thinking of social security benefits which some government entities lawfully opt out of because their own benefits or safety net is superior.
posted Jan 12, 2021 7:02 PM [EST]
Answer to I have worked for my employer over 1 year and now being asked to sign a non compete is this legal?
Maybe. Many employees are asked to do so.Many of these are negotiable. Your employer can require it in order to keep your job but the terms themselves might be unenforceable.
Non-competes must be reasonable as to the time period, geographic, and activity restriction. Overly broad ones might be deemed unenforceable or a court could "blue pencil" or modify it.
The best thing is to ask an employment attorney to review it, to advise you regarding what you might face in the future, and to help you determine whether it is worth negotiating or debating with your employer or whether you can live with its terms.
I have seen physicians, specialists, who signed such documents 30 years ago, never gave it a second thought, and now they want to resign but might have to move a long distance if they wish to continue to practice because of their highly specialized work and because they have developed relationships with professionals in the field across half the country.
It all depends on exactly what you do, exactly what you might want to do in the future, and precisely how the non-compete is drafted. I have seen excellent language from independent lawyers and very poor language drafted but some fairly large law firms.
Bottom line is that it depends. But if you want to keep your job you will likely have to sign something. Just don't sign anything without first getting legal advice which you can do from hundreds of miles away and for flat rates nowadays!
posted Dec 11, 2020 07:44 AM [EST]
Answer to Am I allowed to keep my severance package even though I get another position in the same company?
The answer to your question depends on what the severance agreement states.Many severance agreements prohibit working for the same employer. Others require advance notice before accepting a position with any affiliated company. Some have language which state that severance ends the minute an employee returns to work.
You should pay an employment attorney a flat fee to review your agreement if you are denied the severance pay or the job.
posted Dec 6, 2020 6:54 PM [EST]
Not good. How do you actually know what she was thinking? Offensiveness rests in the eyes of the beholder. Would you have any idea what I might find offensive? Absolutely not since you and I have never met and you have no clue regarding who I am.
Same goes for her. Maybe she was setting you up. Maybe she has ulterior motives and wants your job or thought it might be funny to get you fired? Neither you nor I know that.
Your scenario happens much more often than you might think. I recall years ago a gentleman who failed to report a co-worker who shared that their spouse was simply no longer doing it for them. The potential client did not report this co-worker. Then one day the potential client was sick and pushed the co-worker away hoping the co-workers would not catch the virus. The co-worker, who probably would have been fired had the potential client reported the comment about their spouse, went to human resources, alleged that being pushed away to not get sick was offensive, and the potential client was fired.
What's the moral of the story? Never, ever discuss romantic issues with anyone about anyone at work. And if any employee discusses or shares personal romantic issues with you report them to protect yourself. That's simply the best policy or else the person you think is your friend might become your foe to suit their own interests.
posted Sep 23, 2020 08:54 AM [EST]
Same goes for her. Maybe she was setting you up. Maybe she has ulterior motives and wants your job or thought it might be funny to get you fired? Neither you nor I know that.
Your scenario happens much more often than you might think. I recall years ago a gentleman who failed to report a co-worker who shared that their spouse was simply no longer doing it for them. The potential client did not report this co-worker. Then one day the potential client was sick and pushed the co-worker away hoping the co-workers would not catch the virus. The co-worker, who probably would have been fired had the potential client reported the comment about their spouse, went to human resources, alleged that being pushed away to not get sick was offensive, and the potential client was fired.
What's the moral of the story? Never, ever discuss romantic issues with anyone about anyone at work. And if any employee discusses or shares personal romantic issues with you report them to protect yourself. That's simply the best policy or else the person you think is your friend might become your foe to suit their own interests.
posted Sep 23, 2020 08:54 AM [EST]
Answer to If I deposit my severance check after 30 days of termination will that affect my unemployment?
The date of deposit is not the dispositive date. If severance is paid by an employer within 30 days of your termination date then the DOL will not pay unemployment benefits until that severance or dismissal pay is exhausted. That is a broad generalization but the date of your deposit is not what matters. When I review severance agreements for clients I insist that the language in the agreement specifically states no severance or dismissal pay until more than 30 days after the date of termination.posted Sep 16, 2020 01:55 AM [EST]
Answer to US Employer overseas Separation Agreement
U.S. labor laws do not apply outside the U.S. Think FMLA which is not enforceable anywhere except within the territorial boundaries of the USA.If you lived and worked in some foreign country you should seek legal counsel from a licensed attorney in that country. If you worked for the U.S. government you need an attorney who represents federal employees. Good luck.
I tried to help an employee living in Canada and working remotely for a NY employer years ago. The company alleged that it was unaware that any of its employees worked remotely as residents of foreign countries and fired the employee. The company did not wish to comply with Canada's labor laws and had every right to fire that remote worker who was employed by the NY based employer.
When we leave the U.S. we are relying on whatever local laws may or may not protect us. We are figuratively and literally "on our own."
posted Sep 13, 2020 07:30 AM [EST]
Answer to Paid non-compete and unemployment benefits
You should ask a New Jersey attorney. In New York unless 30 days have passed between your termination date and your initial receipt of severance pay you will have to wait until your severance pay is exhausted.posted Jul 15, 2020 2:37 PM [EST]
If you collect disability insurance then you are not ready willing and able to work.
To collect unemployment you must certify every week that you are applying for jobs and you must be ready to begin work if offered a suitable job.
So no. If that was your employer's idea it was not a good one. Insurance fraud has potential criminal penalties also which you should discuss with a criminal defense lawyer.
posted Jul 13, 2020 2:59 PM [EST]
To collect unemployment you must certify every week that you are applying for jobs and you must be ready to begin work if offered a suitable job.
So no. If that was your employer's idea it was not a good one. Insurance fraud has potential criminal penalties also which you should discuss with a criminal defense lawyer.
posted Jul 13, 2020 2:59 PM [EST]
Answer to std disability
Workers compensation provides benefits. There may be a connection between this surgery and workers compensation. Hire a workers compensation lawyer. They work on contingent fees and those fees must be approved by the state. So there is no downside to doing that. Plus many of them handle social security disability claims and can provide excellent suggestions on timing and longer term planning. Good luck. He really should have a comp lawyer on his side.posted Jul 7, 2020 08:26 AM [EST]
Answer to In NYC can on employer diny accrued vacation pay after Cov-19 State Shot down?
Most employers can change their policies at any time.Your best option would be to retain a lawyer for the limited purpose of reading all of your employer's policies, handbooks, contracts, amendments in order to provide you with an opinion which you can rely upon.
Employers must treat everyone the same. So, for example, if their policies are not contracts, which most are not, and the employer eliminates earned vacation for all employees, that may not be illegal. A lawyer needs to evaluate the documents.
posted Jun 23, 2020 08:07 AM [EST]