Answers Posted By V Jonas Urba

Answer to I was cleared of charges that I harassed a co-worker. The case was cleared by our HR, board members and Hr consulting firm. But knowing this worker she most likely will not let it go. What are my rights. I really don't want to be on pins and needles for t

What are your rights? Your day in court is one.

Are you asking whether you can sue this employee for defamation of character? Did you suffer economic damages? Caused by her? That you can prove?

If she sues you a defense may be frivolous lawsuit with a request for attorneys' fees although fees are not commonly granted.

Retain counsel. Secure documents related to the incident to prove it applied to everyone and not directed to her. If your lawyer recommends have the lawyer draft affidavits for witnesses. I guess you can retain counsel and begin preparing your defense for when she sues you if you believe she will.

Whatever you do you should not retaliate and you should follow your own lawyer's advice closely. Good luck.

posted Mar 9, 2017 7:16 PM [EST]

Answer to Is there a case when being threaten by an employer if you apply for unemployment after firing you ?

Has he applied for and received Unemployment?

He needs to honestly apply. Apparently the reason he was fired was for alleged theft.

He state that reason then waits for employer's response. He then asks DOL for a hearing if he disagrees. The judge decides who to believe.

Employees at will have no recourse unless he was discriminated and he can prove race, religion, national origin, because of his sex, etc. . The Title VII civil rights mostly.

Wish him luck. He needs to be very honest at DOL. I have seen people who should not have received benefits get them because they answered honestly. I have seen other people who should have received benefits be denied because they were not honest.

Unless the owner spreads false rumors which causes him not to get another job AND he can prove those rumors false and believed by hiring authorities not much more unless he had a disability, etc... discuss with an employment lawyer.

posted Mar 8, 2017 7:29 PM [EST]

Answer to I was shoved and groped and grabbed by the owner foraccusing me of unlawful recording and I denied it but was recording cause was scared over possible retaltion over an issue

A. What is your question?
B. What was "the issue"?
C. What do you want or think you should get?

1) To who or to what did you report "the issue"?

2) Was or is "the issue" being investigated?

3) Were you attempting to conduct your own investigation of "the issue"? If yes, why? Whose idea was that?

4) Have you reported the groping to whoever is actually conducting the investigation of "the issue"?

posted Mar 7, 2017 5:31 PM [EST]

Answer to I had a car accident 4 years ago. 1 year ago I started having serious back pain and I was fired

Call some employment lawyers.

No enough facts. 4 years is a long time. Did you file a workers compensation claim with a lawyer? If not call a workers compensation lawyer if this is a workers compensation aggravation.

Did you ask for an accommodation? Provide medicals? Request time off for PT? Ask for FMLA leave?

Spend an hour or two with either a work comp lawyer or an employment lawyer.

There must be something else going on. You worked there 4 years even after the accident and now you were fired? There are pieces missing and a skilled lawyer needs to find out what they are before advising you.

posted Mar 6, 2017 1:25 PM [EST]

Answer to In New York State, is it legal for a company to select individuals for layoff based on their age in order to achieve an average target for all impacted employees?

Age is not a bona fide occupational qualification unless a specific law provides a limit. For example most of us might not feel that secure if we allowed 85 year old police officers.

As a general rule no.

However employment law is all about the facts. Was age the sole factor for making decisions or were other factors considered.

Years ago we could argue an employer considered age. Today in most jurisdictions we have to argue but for age an employee would still be working.

These are complicated analyses. You should consult an employment lawyer.

posted Feb 25, 2017 06:00 AM [EST]

Answer to I was laid off in Nov 2016 with a call back date in april 2017. Will i still get my vacation days coming, March 28th, of 2 weeks or did i lose that because i was laid off but remained on schuele. Thanxs! Note: upon return(s) after layoffs, other employyee

Maybe. Are you union? Contract? Did you claim unemployment benefits? Could you have been called back earlier? Were you working someplace else during the layoff? Pension, other benefits continued during layoff i.e. health insurance?

Try to argue continuity of employment. Meaning you never left.

Remember that we in the U.S. have no right to vacation time or pay. We are pretty much expected to work 24/7. So your goal should probably be to get back to work first and then ask questions and push the envelope so to speak on benefits after you have been back on the job for a while.

If you were starting a brand new job you would probably want to know the vacation, benefits, etc... before you started. So if you act like nothing has changed and proceed as if you are entitled to take vacation, maybe it will work out that way. If your employer thinks you just want to return to claim your vacation and then leave you can predict how that will turn out.

A lot of what we do as employment lawyers is figure out how to get employers to do what our clients want without direct threats or filing lawsuits. That's where many employees get it wrong. They think that hiring a lawyer means litigation. If that's what you get off the bat you probably hired the wrong lawyer.

In your case you should probably do the same. Try to get what you want without the threats or the lawsuit. Good luck.

posted Feb 21, 2017 4:10 PM [EST]

Answer to My employer is closing his business but would like me to continue this business from home including storage.. Am I entitled to regular salary and do I charge him for storage?

Wow. Sounds like a loaded question. Short answer is what have you agreed to do for the employer?

Employees generally work certain hours that their employer tells them they have to work. The employer exercises lots of CONTROL over them.

Independent contractors generally do the job how, when, and wherever they want to and at their own discretion.

Will you incorporate a business to protect yourself? Will your employer compensate you for all the risk you are accepting? What if a hurricane or other natural disaster destroys the records who will be subject to liability?

You really should have a lawyer advise you on this. Your question is complex and it sounds like you are accepting lots of responsibility and hopefully will be paid lots of money with someone paying lots of insurance premium to cover any and all potential liability. Good luck.

posted Feb 7, 2017 2:14 PM [EST]

Answer to company acquired, non compete

No one can answer that question for you without reviewing your entire non-compete agreement.

An employment lawyer will discuss your job title and duties with you.

Will analyze the scope of the non-compete. Reasonable as to time, geography and activities prohibited?

Determine when or if you obtained any specialized knowledge, skills, education, training, valuable lists or other trade secrets, from who, and at whose expense.

Analyze how enforcement of the non-compete might affect you and determine whether there is any chance that the agreement might be narrowed if necessary.

Assess the circumstances under which you signed the agreement.

Determine how you are treated in relation to others depending on protected classes of employees to which you may belong.

Evaluate all of your benefits and work history.

Determine what your old versus new duties might be, overlap, customers, clients, co-workers, affects possibly on other employees or former employees, etc.... Lots to evaluate here.

Look to dollars - bottom line - financial impacts to the companies, to you, to the industry, etc....

Research case law in New York for your particular industry and non-competes. There are plenty of cases out there.

Determine who drafted the non-compete and whether prior challenges have been made, court decisions, etc...

Look at your education, experience, background, position, role within both organizations, and related matters.

These are just a sampling of issues which a skilled lawyer will evaluate. Plan on at least a few hours in a legal consultation. Some lawyers provide telephone consults and you never have to meet them in person. If you determine that they are interested in helping you that's an option and can save you time and possibly expense.

Don't assume that courts will not enforce these. Although NY is no fan of non-competes they are enforced. Worst scenario:

1) You accept a new position and fail to disclose the non-compete.

2) The new employer has no issue with it.

3) You resign from your old job and your old employer serves you with a notice to cease and desist or an injunction.

4) You take it to your new employer, they want no part of it and they let you go. You have no job and are still facing a potential or actual lawsuit.

An employment lawyer will help you with a strategy to minimize potential unemployment.

Good luck.

posted Feb 6, 2017 6:02 PM [EST]

Answer to Harrasment and/or discrimination due to race, gender or disability?

Wow. You have a very interesting fact pattern.

I also looked at where you are in NY and discrimination in my opinion happens frequently where people are not exposed to differences from what they are accustomed to dealing with.

I also can tell that you are intelligent and your fact recollection is strong.

You made the right choice to reach out BEFORE filing charges with some agency. And since this just occurred you should apply for unemployment, tell the truth, and preferably have a lawyer represent you even if by telephone. You can not lose your unemployment benefits hearing and the testimony or evidence you discover there could help you with a potential discrimination claim.

We NELA national employment lawyers association attorneys are representing more clients long distance. Over the past couple years I have represented a couple clients who I never personally met. I recovered benefits recently for an unemployment claimant who initially answered a question falsely during a telephone hearing and I was able to correct that big problem without leading my client (which is prohibited) and the client recovered benefits.

May I suggest that you speak with experienced labor and employment counsel immediately (they may need to spend several hours reviewing specific details even though you have provided enough to show that you definitely may have a claim - often we can tell there's no claim and most of us tell the client we believe x y or z will be issues and quickly decline which is not your case yet).

Whoever the lawyer you select is should tell you the biggest potential weakness of your case - every case has one - and how that lawyer plans to address the weakness.

Some of us have represented employers before and we can put our employer hat on and tell you this will be an issue but here's how we can attack the weakness.

Good luck. Keep in mind that although NY has a 3 year statute of limitations for state court actions lawyers like me limit our practice to federal courts and 300 days from your firing you must take action or be forever barred. Count 300 days from the date of termination and know that if this is not resolved by that date you must file charges or a complaint by such date to preserve most and maybe all your rights.

Thanks for being thorough. We have to speak or review 10 to 20 potential clients to find 1 where we are likely to recover. And there just are that many hours in a week to accept clients who we can't help. Good luck.

posted Feb 1, 2017 07:03 AM [EST]

Answer to Are itemized receipts for Business meals required or can the CC receipt be used alone to submit for reimbursement. Law or company policy is the question.

Sounds like a tax question? Maybe seek CPA or tax counsel's advice if your company policies are not clear then clarify them with in house counsel.

posted Jan 27, 2017 11:05 AM [EST]