Answers Posted By V Jonas Urba

Answer to I am a provisional employee in Orange County NY. I received a score of 90 on my civil service exam and after one of the interested 95's declined to interview I became reachable. My employer stated they have no intention to interview me- but are interviewi

Is it because of discrimination? Are you in a protected class? Speak with an employment lawyer. Many facts need to be evaluated. Certainly not simple or straight forward.

posted Aug 31, 2017 3:29 PM [EST]

Answer to I'm short $2,500 to= 1/2 my highest paid Qtr in 2016 for eligibility, anything I can say in hearing?

Documents. Bring records with you. Bank statements, tax returns, deposit slips or anything else which shows how much you earned.

I have practiced law in 3 states with New York being my final stop. I find New York's civil servants, maybe even more than other states', want to help employees. They are not out to deny you benefits.

But Administrative Law Judges (ALJs) and DOL employees can only do so much. They have no equity jurisdiction. They can not do what they think is right. They have to follow the written law and rules.

Bring 2 copies of every single document (and move it to be marked and accepted as evidence at the appropriate time which the ALJ will help you do) which shows how much you actually earned in each relevant quarter. The DOL may or may not have a representative at your first hearing but that's irrelevant. The ALJ will review all of your records, verify or document that they differ from what was reported as earnings, and will tell you in a decision why you do or do not qualify.

Your case is pretty straight forward. You either can show you earned enough to meet what the LAW requires (no fudging or guessing) or you do not. Good luck.

posted Aug 24, 2017 1:54 PM [EST]

Answer to Hi, I gave my current job a 2 week notice. Today being payday he told me that VK time is now accrued. He said it was in the hand book I never got. So anyways he took 19 hours out of this check for my VK back in March. Now my pay stub says I have 19 hours

Some employer's have no handbooks. That is not illegal.

Even with handbooks or verbal policies employer's are permitted to change them.

Are you being treated like every other employee who resigns? If you think and can prove discrimination of some type with some evidence call an employment lawyer. Or call the NYS DOL.

posted Aug 23, 2017 11:27 AM [EST]

Answer to WRONGFUL TERMINATION IN NYS. I am looking for a bit of advise on what to do. I worked for a LLC and loved it. Just recently my employer had her secretary call me. When I called back and spoke with the owner she told me that I was fired for supposely sayin

Assuming no union, no written contract of employment or not a civil servant you were likely at will. They don't need a reason.

The disorder requires a "reasonable" accommodation. Allowing even occasional profane language is probably not reasonable. If medication does not control such behavior then the employer can fire you with or without a reason.

You absolutely must consult with an employment lawyer (someone who limits their practice to these issues) about unpaid overtime. You may have a claim on that. Good luck.

posted Aug 20, 2017 09:34 AM [EST]

Answer to I have attendance issues and have FMLA. I don't know what I can do.

It sounds like you may be a union member. If that's true your union should help you comply with FMLA or intermittent FMLA leave. The employer must treat you the same way they treat any other employee. FMLA gives you no more flexibility for tardiness than any other employee. For example, if employees who are on notice of being tardy continue being tardy and after X notices lose their jobs then the same standard will apply to you. Read your doctor's note carefully. It probably does not say that your condition permits you to report whenever you get there. Regardless of the terrible MTA (we all get that - it's awful but no excuse).

If your supervisor believes that you were tardy before you took FMLA, that your tardiness was not because of your illness unless your doctor wrote that your tardiness was because of your illness, and that is unlikely to change then they may discipline you further with or without FMLA.

You pay union dues. Union advice or counsel should be free and part of your dues. Ask them and see if you are comfortable with their response.

A labor and employment lawyer will need to review your collective bargaining agreement and obtain a full history of your particular illness, your performance evaluations before the FMLA, your raises or promotions, etc... It's a big job and many of us will charge you for that type of consultation or evaluation.

You have to decide what this job means to you and whether you can find another one easily if you lose this one. A union will treat you like any other member. FMLA does not give you a pass to be late so if everyone is treated the same for tardiness you could lose your job even if on FMLA for being late.

Another option would be to take your FMLA all in one lump period and then always be on time when you return.

I have seen employees lose their jobs after they return from FMLA for reasons that have nothing to do with medical leave. Being late would be one of those reasons. Decide what this job is worth to you and then proceed accordingly. Best. Jonas

posted Aug 13, 2017 5:02 PM [EST]

Answer to If I was an independent contractor in Sales and was terminated am I still entitled to my last payroll check? Please advise. Thank you.

New York State's Department of Labor probably provides an answer:

https://labor.ny.gov/legal/counsel/pdf/payment-of-commissions-frequently-asked-questions.pdf

If this does not work I strongly recommend bringing all of your pay records, agreements, job descriptions, etc... to a New York Labor and Employment lawyer for a thorough consultation if you would like an opinion that is more than a guess. Good luck.

posted Aug 11, 2017 11:21 AM [EST]

Answer to say for example I signed something under an old employer that that employer has not paid to the contracted company. can said company legaly ask me for the money? I share no ownership in the business of my previous employer

For example? What does that mean and what exactly did you sign?

No seasoned lawyer will guess regarding your liability as a Manager and whether you signed solely in your Managerial capacity as an agent of a specific entity or whether you led the other party to believe that you were personally guaranteeing whatever it was you signed.

If you received a certified letter looks like it might be time to invest in a legal consultation for piece of mind. Or negotiate if you think you owe money since you are the person who signed without legal counsel. Or if the cost of defending formal action costing thousands is of little concern wait to potentially be served with a summons and a complaint.

posted Jul 15, 2017 11:39 AM [EST]

Answer to My friend who lives and works in Connecticut has been working for a semi-large (retail sales) corporation for over 25 years and has never gotten a raise. He makes about $12 an hour plus approx. 3% commission. He is considered a salesman but is the 'assist

I am licensed in New York. I have no knowledge about Connecticut. He should contact a lawyer in that state.

In New York or when I practiced in Florida years ago or even Colorado more years ago there was no law requiring raises or insurance or even employment continuation. All 3 states were at will. An employee can get fired for no reason at all, a good or bad reason. An employee must show discrimination if they want to prove illegality.

In those states getting another job is usually the solution unless an employee is not exempt from overtime or not paid all commissions due.

In New York sales people sign sales commission agreements so they can anticipate what their pay will be. If Connecticut requires that he should take his agreement for review by a Connecticut employment lawyer.

posted Jul 8, 2017 07:21 AM [EST]

Answer to Hi, I live in NYS and due to a company merger, I was laid off. A severance agreement was signed offering me a month of salary and 3 months health benefits, I would pay the COBRA premium and then the Company would reimburse me. It has been two months now,

Call New York DOL.

Ask them whether they will help you recover wages. Although not technically earnings you are entitled to be reimbursed and the state will likely collect taxes so they should help you.

Last option sue in small claims or other court for breach of contract.

We would help you had we negotiated the deal since we would likely have insisted on a prevailing party attorney fee provision to avoid this. Now you may have to pay a lawyer a few grand if above does not work and that's probably not what you wish to do. Best.

posted Jun 30, 2017 06:26 AM [EST]

Answer to What is the maximum number of hours an employer can keep me for as a part-time worker?

Are you asking because you wish to receive benefits? If so no employer has to pay any employee benefits.

I think the question you may have wanted to ask was whether one employee working 35 hours a week receives benefits and another one (you) works 37 hours and does not receive benefits. That would probably be illegal especially if, for example, all males received health insurance and females did not. That does still happen although illegal.

For overtime wages it makes no difference what you are called (full time, part time, etc...) the general rule (there are exceptions) is that any week worked over 40 hours means the employee receives 1.5x their regular rate of pay.

posted Jun 28, 2017 04:51 AM [EST]