V Jonas Urba
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Answers Posted By V Jonas Urba
You should collect unemployment benefits in New York unless you committed misconduct (as determined by the Unemployment Insurance Appeal Board). This is quite different from ordinary misconduct. Unless you knew or should have known that you could get fired for doing something you should collect benefits unless you quit.
Many terminations are unjust but not illegal or unlawful. If you were not union, not government, not under a written employment contract you were probably "at will." Most employees are at will. Employers need no reason; absolutely no reason to fire an at will employee. However, if you were discriminated and can prove that then you might have a case. It takes an employment lawyer sometimes a few hours to determine whether you have a viable claim. Call around and speak with some. And if your unemployment benefits are challenged possibly retain a lawyer to help you with that on a contingent fee. No lawyer can take any money from you for unemployment unless that lawyer's efforts result in your receiving benefits and then the amount has to be approved by the UIAB and it's much less than a successful recovery might yield for illegal or discriminatory termination. Good luck.
posted Apr 24, 2017 5:04 PM [EST]
Many terminations are unjust but not illegal or unlawful. If you were not union, not government, not under a written employment contract you were probably "at will." Most employees are at will. Employers need no reason; absolutely no reason to fire an at will employee. However, if you were discriminated and can prove that then you might have a case. It takes an employment lawyer sometimes a few hours to determine whether you have a viable claim. Call around and speak with some. And if your unemployment benefits are challenged possibly retain a lawyer to help you with that on a contingent fee. No lawyer can take any money from you for unemployment unless that lawyer's efforts result in your receiving benefits and then the amount has to be approved by the UIAB and it's much less than a successful recovery might yield for illegal or discriminatory termination. Good luck.
posted Apr 24, 2017 5:04 PM [EST]
You do not work in any of the City's Burroughs apparently. You are also non-union although I do not know whether you operate under a written contract of employment (i.e. April 1 2017 to April 1 2018). Assuming you do not work for the government.
With that said, an employer may require an employee to use accrued paid time off - the following is directly quoted from the U.S. Department of Labor Wage and Hour Division regarding FMLA pay:
"Substitution of Paid Leave - Employees may choose to use, or employers may require the employee to use, accrued paid leave to cover some or all of the FMLA leave taken. Employees may choose, or employers may require, the substitution of accrued paid vacation or personal leave for any of the situations covered by FMLA. The substitution of accrued sick or family leave is limited by the employer's policies governing the use of such leave."
The only way for a lawyer to provide you with a definitive answer or opinion is to review all of your policies and procedures, any contracts under which you may be operating, and any other possibly binding documents which your employer may have led you to reasonably rely upon.
Although Human Resources is charged with knowing and applying policies uniformly unless they are discriminating against you, assuming they are applying this company's policy uniformly, you will need to find documentation to confirm what was apparently verbally told to you. You have every right to file charges for discrimination if there was discrimination (age, race, religion, national origin, etc..... or possibly disability - more information needed) of some form, but if you are "at will" you will certainly want to confirm a good faith argument, preferably with legal counsel on your side, before going down that road.
posted Apr 17, 2017 2:33 PM [EST]
With that said, an employer may require an employee to use accrued paid time off - the following is directly quoted from the U.S. Department of Labor Wage and Hour Division regarding FMLA pay:
"Substitution of Paid Leave - Employees may choose to use, or employers may require the employee to use, accrued paid leave to cover some or all of the FMLA leave taken. Employees may choose, or employers may require, the substitution of accrued paid vacation or personal leave for any of the situations covered by FMLA. The substitution of accrued sick or family leave is limited by the employer's policies governing the use of such leave."
The only way for a lawyer to provide you with a definitive answer or opinion is to review all of your policies and procedures, any contracts under which you may be operating, and any other possibly binding documents which your employer may have led you to reasonably rely upon.
Although Human Resources is charged with knowing and applying policies uniformly unless they are discriminating against you, assuming they are applying this company's policy uniformly, you will need to find documentation to confirm what was apparently verbally told to you. You have every right to file charges for discrimination if there was discrimination (age, race, religion, national origin, etc..... or possibly disability - more information needed) of some form, but if you are "at will" you will certainly want to confirm a good faith argument, preferably with legal counsel on your side, before going down that road.
posted Apr 17, 2017 2:33 PM [EST]
Did you pursue this with your union? Advancement and failure to promote are grievable incidents if timely pursued.
If you failed to do that was there discrimination by your superior and what evidence is there to prove that?
Are you responsible for the person who failed to card swipe and did you timely report such failure if that is part of your job?
If this person reasonably believed you were not performing your job what do you think should happen to them for reporting you and why? Assuming no supervisor was working at the time you were seen in the lounge who else would possibly report wrongdoing if it appeared there was wrongdoing?
posted Apr 15, 2017 3:33 PM [EST]
If you failed to do that was there discrimination by your superior and what evidence is there to prove that?
Are you responsible for the person who failed to card swipe and did you timely report such failure if that is part of your job?
If this person reasonably believed you were not performing your job what do you think should happen to them for reporting you and why? Assuming no supervisor was working at the time you were seen in the lounge who else would possibly report wrongdoing if it appeared there was wrongdoing?
posted Apr 15, 2017 3:33 PM [EST]
You are entitled to be paid for all hours worked. No contract is needed. Even if I did not know you and you came on my property and I saw you begin working for me by mistake and I said nothing I would owe you the reasonable value of services you provided for me.
Tell the employer if you are not paid you will call the Department of Labor.
posted Apr 7, 2017 5:07 PM [EST]
Tell the employer if you are not paid you will call the Department of Labor.
posted Apr 7, 2017 5:07 PM [EST]
An employee qualifies for benefits under a base or alternate base period.
https://labor.ny.gov/formsdocs/factsheets/pdfs/p832.pdf
If you look at the bar graph it looks like you would not be included in either period. Call DOL if you think you could.
Unemployment is about earnings and the timing of those earnings. Lack of work is a valid reason to collect unemployment benefits. Poor performance also usually qualifies. Insubordination and misconduct (with proper notice to the employee of course) often result in denial of benefits.
posted Apr 6, 2017 1:15 PM [EST]
https://labor.ny.gov/formsdocs/factsheets/pdfs/p832.pdf
If you look at the bar graph it looks like you would not be included in either period. Call DOL if you think you could.
Unemployment is about earnings and the timing of those earnings. Lack of work is a valid reason to collect unemployment benefits. Poor performance also usually qualifies. Insubordination and misconduct (with proper notice to the employee of course) often result in denial of benefits.
posted Apr 6, 2017 1:15 PM [EST]
Answer to Can I be fired after I submit paperwork for my retirement?
If that happens and affects your retirement benefits you must and I repeat must call an employment lawyer to discuss.Do so immediately! Do not wait. Most of us provide free telephone conferences initially. No need to charge for an office consultation unless we truly believe we can help you.
posted Mar 24, 2017 05:36 AM [EST]
Are you at will? No union, not a government employee, no contract of employment? If none of these apply to you then you are almost certainly "at will." What does that mean? The employer needs absolutely no reason to fire you. They can't target you as a member of a protected class or group of employees but otherwise they need no reason to let you go.
If none of the above apply to you then you will probably never see your accuser(s). The employees above can insist on hearings or go to arbitrations. Most at will employees have no such rights.
Assuming none of the above apply to you the answer to your question is "no."
Never quit. Lawyer up before you "potentially" (need way more facts to assess that) lose your job. And good luck.
posted Mar 16, 2017 4:38 PM [EST]
If none of the above apply to you then you will probably never see your accuser(s). The employees above can insist on hearings or go to arbitrations. Most at will employees have no such rights.
Assuming none of the above apply to you the answer to your question is "no."
Never quit. Lawyer up before you "potentially" (need way more facts to assess that) lose your job. And good luck.
posted Mar 16, 2017 4:38 PM [EST]
How much severance were you told you would receive and how will you prove that?
Did you detrimentally rely on the fact that you were losing your job? Sold your home. Made plans to move somewhere else. Accepted another job at lower pay? And did you keep your employer informed of your own plans so that it knew you were relying on the promises made to you?
I usually ask clients what they want and why they think they should get it? If you have a new job, hopefully paying more, great! If you don't have another job and can keep working that sounds pretty good also.
Of course if there is some type of discrimination going on you probably should consult with an employment lawyer while you are still working. Quitting almost always destroys any leverage you might have if there is any potential that they acted unlawfully. Seek counsel.
posted Mar 16, 2017 12:37 PM [EST]
Did you detrimentally rely on the fact that you were losing your job? Sold your home. Made plans to move somewhere else. Accepted another job at lower pay? And did you keep your employer informed of your own plans so that it knew you were relying on the promises made to you?
I usually ask clients what they want and why they think they should get it? If you have a new job, hopefully paying more, great! If you don't have another job and can keep working that sounds pretty good also.
Of course if there is some type of discrimination going on you probably should consult with an employment lawyer while you are still working. Quitting almost always destroys any leverage you might have if there is any potential that they acted unlawfully. Seek counsel.
posted Mar 16, 2017 12:37 PM [EST]
Answer to Retaliation???
And the reason you have not called an employment lawyer to discuss this yet is because........?Many of us do not charge to speak with you initially on the phone. We need the facts. Lots of them. That takes time. If/when we think you may have a claim we schedule a conference.
You should call some lawyers who limit their practice to employment law before you lose your job if that's what you are being told is in the works. The way you handle this is critical. Good luck.
posted Mar 15, 2017 11:34 AM [EST]
Discuss with your workers compensation lawyer. If you don't have one you should probably retain one.
The ADA allows you to ask for a reasonable accommodation. Other than limiting the hours per week does your doctor have other suggestions?
As a manager you might have to work more than 12 hours a week? All of your duties and work history should be reviewed with an employment lawyer. Call some to develop and action plan. McDonald's hires lawyers. You should too. Good luck.
posted Mar 11, 2017 5:53 PM [EST]
The ADA allows you to ask for a reasonable accommodation. Other than limiting the hours per week does your doctor have other suggestions?
As a manager you might have to work more than 12 hours a week? All of your duties and work history should be reviewed with an employment lawyer. Call some to develop and action plan. McDonald's hires lawyers. You should too. Good luck.
posted Mar 11, 2017 5:53 PM [EST]