V Jonas Urba
- Member Information
- Answers Posted
- Articles Posted
- Documents Posted
- Blog Articles Posted
Answers Posted By V Jonas Urba
Not sure what your question is. If you need unemployment you should recover 7 weeks which is minus 1 week waiting.
If your employer moves too far and you convince DOL that the new commute would be too expensive or you had other good cause not to go to new location you might get up to 26 weeks of unemployment.
No employer unless union or government has to pay and many do not pay severance to at will employees. Good luck.
posted Jun 24, 2017 12:12 PM [EST]
If your employer moves too far and you convince DOL that the new commute would be too expensive or you had other good cause not to go to new location you might get up to 26 weeks of unemployment.
No employer unless union or government has to pay and many do not pay severance to at will employees. Good luck.
posted Jun 24, 2017 12:12 PM [EST]
Answer to Disciplined for telling cubemates I felt excluded when they speak Spanish?
Does your employer have a policy on that?Does your employer value teamwork and you as an employee?
The next time you are evaluated for performance make sure teamwork is not part of that evaluation.
Language is what makes us a united team. We should never prohibit any employee from speaking their native tongue (on their non work time unless that is an essential part of their job - for example, they work as a translator) but if your employer wants to permit exclusion then you will never be able to even be considered for promotion to a supervisory role. How could you supervise employees who could be mocking you to your face?
And would you want to stay employed with an employer who does not understand that teamwork is often the most important factor in any successful business? With that mindset they may not survive all together?
posted Jun 21, 2017 04:30 AM [EST]
You are either exempt or hourly or maybe commissioned, etc... Exempt means you earn the same weekly or biweekly salary. Employees and employers sometimes erroneously believe or call an employee exempt to evade overtime pay or to compel overtime work. It's complicated. Seek legal counsel.
If you are not really exempt you are probably hourly and must be paid for all hours plus overtime at time and a half.
When an employer begins docking a salaried employee's pay that practice itself indicates the employee may not have the authority or discretion which comes with being exempt.
Skilled lawyers debate this issue regularly. The internet will not provide an answer for you.
posted Jun 5, 2017 08:45 AM [EST]
If you are not really exempt you are probably hourly and must be paid for all hours plus overtime at time and a half.
When an employer begins docking a salaried employee's pay that practice itself indicates the employee may not have the authority or discretion which comes with being exempt.
Skilled lawyers debate this issue regularly. The internet will not provide an answer for you.
posted Jun 5, 2017 08:45 AM [EST]
Have you discussed this with HR? You need to follow their lead.
Hopefully HR will support your formal progressive disciplinary action of this employee. Of course if HR does not discipline employees you can not single out one employee. That would be discrimination.
Good luck and follow either HR or your own immediate supervisors suggestion and be consistent and equal with disciplinary action.
posted May 24, 2017 5:28 PM [EST]
Hopefully HR will support your formal progressive disciplinary action of this employee. Of course if HR does not discipline employees you can not single out one employee. That would be discrimination.
Good luck and follow either HR or your own immediate supervisors suggestion and be consistent and equal with disciplinary action.
posted May 24, 2017 5:28 PM [EST]
Answer to Filed for unemployment while briefly out of country
It depends on whether what you did was willful? The following is directly from New York State's Department of Labor in the frequently asked questions section. This is what the site says:"What is a monetary penalty?
A: A monetary penalty is assessed if we believe that you willfully made false statements or representations, or purposely withheld pertinent information, in order to obtain benefits.
Q: Is the monetary penalty optional?
A: No. The monetary penalty must be assessed unless it is overruled by an Administrative Law Judge, the Appeal Board, or a court.
Q: Is the monetary penalty imposed instead of a forfeit day penalty?
A: No. The monetary penalty is imposed in addition to the forfeit day penalty.
Q: Does the monetary penalty apply to all programs related to unemployment?
Yes. The monetary penalty applies to all benefits under regular Unemployment Insurance, Extended Unemployment Compensation, Extended Benefits, Combined Wage Claims, Unemployment Compensation for Ex-Service Members, Unemployment Compensation for Federal Employees, Self-Employment Assistance Program, Trade Readjustment Allowances, and 599 Training Program. No programs related to unemployment are excluded.
Q: How is the amount of the monetary penalty calculated?
The amount of the monetary penalty is calculated based on the amount of overpaid benefits.
If the willful overpayment is $666.67 or greater, the monetary penalty is 15% of the total overpayment.
If the willful overpayment is $666.66 or less, the monetary penalty is $100."
Never misrepresent anything to New York's Department of Labor. I have seen them bend over backwards to help an honest claimant out but once they determine you were anything but they will recover the overpayment sooner or later. It may take a few years or longer but they do pursue overpayments and penalties.
posted May 22, 2017 11:04 AM [EST]
Take it to a lawyer.
There must be more to the letter. If it just says you received 4 weeks notice not an issue. But when it states you have the right to transfer that sounds like they are giving you something. And when someone gives you something you usually have to give them something.
Unemployment is determined by state DOL. You did not quit or commit misconduct per New York UIAB decisions you should get benefits. However if the letter says you agree to resign that would be very bad and no one should agree to that. Almost no one ever.
posted May 17, 2017 10:40 AM [EST]
There must be more to the letter. If it just says you received 4 weeks notice not an issue. But when it states you have the right to transfer that sounds like they are giving you something. And when someone gives you something you usually have to give them something.
Unemployment is determined by state DOL. You did not quit or commit misconduct per New York UIAB decisions you should get benefits. However if the letter says you agree to resign that would be very bad and no one should agree to that. Almost no one ever.
posted May 17, 2017 10:40 AM [EST]
Answer to Can I claim unemployment benefit for two jobs?
File your claim once. List your pay history. The Department of Labor will calculate your pay rate based on your base or alternate base periods.If you worked for two employers at the same time and lost both jobs at the same time then your compensation rate will be based on income from both. Of course if you continue to earn some money from any job you MUST disclose that to avoid any type of misrepresentation, fraud, or penalties which are assessed when appropriate.
posted May 16, 2017 08:47 AM [EST]
Your question ended with "there has never been a nurse 3 at this facili"
Have there been Nurse 3s, in recent history, at most New York facilities?
All states are trying to save money. Hiring Nurse 2s instead of Nurse 3s is not illegal.
If your wife was paid at Nurse 3 for a while then returned to Nurse 2 salary is that illegal? Is she covered by a civil service collective bargaining agreement or a contract which might protect her promotion or prevent a pay cut?
Assuming your wife insisted on a contract she likely has highly unique certifications which other nurses do not hold. Her specialized training and education, excluding supervisory skills, probably make her so uniquely qualified that the facility could not find Nurse 2s to competently perform her job.
This facility's needs probably recently changed, or the facility is remotely located making the applicant pool scarce, since administrators decided to pay Nurse 3 compensation to protect the public health and safety at this facility. Patient safety would have been compromised by having Nurse 2s supervise.
posted May 10, 2017 4:14 PM [EST]
Have there been Nurse 3s, in recent history, at most New York facilities?
All states are trying to save money. Hiring Nurse 2s instead of Nurse 3s is not illegal.
If your wife was paid at Nurse 3 for a while then returned to Nurse 2 salary is that illegal? Is she covered by a civil service collective bargaining agreement or a contract which might protect her promotion or prevent a pay cut?
Assuming your wife insisted on a contract she likely has highly unique certifications which other nurses do not hold. Her specialized training and education, excluding supervisory skills, probably make her so uniquely qualified that the facility could not find Nurse 2s to competently perform her job.
This facility's needs probably recently changed, or the facility is remotely located making the applicant pool scarce, since administrators decided to pay Nurse 3 compensation to protect the public health and safety at this facility. Patient safety would have been compromised by having Nurse 2s supervise.
posted May 10, 2017 4:14 PM [EST]
Answer to Can I sue former employer
Maybe. Speak with an employment lawyer. Was there discrimination? You may have some idea why this happened. A good lawyer may be able to help you confirm what you think the real reason for firing you was.posted May 4, 2017 3:04 PM [EST]
Answer to Does FMLA count as Employment in a Relo Package?
The Family Medical Leave Act is a federal law. It does not apply to employees unless they have worked for the same employer for at least one year.A relocation package or agreement is a contract. Assuming you were relocated by the same employer you may qualify for FMLA.
No lawyer can answer contract or relocation agreement questions without sitting down with you and reviewing the agreement (i.e. what did you agree to do and for how long), company policies and your facts. If you have been out for a condition you knew you would need time off for before you relocated and did not disclose to your employer you definitely need to schedule a consultation with an employment lawyer. I suggest you do so regardless.
posted Apr 26, 2017 07:45 AM [EST]