V Jonas Urba
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Answers Posted By V Jonas Urba
Answer to can an employee touch your personal belongings.
Have you notified any of your coworkers that you consider that offensive?If the vase was attached to your body like an umbrella or a cane in your hand it might be offensive?
But what would your damages be? If they broke it of course you could demand they pay for it.
posted Jan 26, 2017 09:42 AM [EST]
You definitely must consult a labor and employment lawyer immediately!
If you are in one of NYC's Burroughs you will have even more protection.
Call a lawyer now before you lose your job. Suing a school district can take years and when those administrators make a decision good luck fighting them - you may win but it usually takes a long time. Even your union reps will tell you that. File union grievances if you have to and exhaust all your CBA rights. Good luck. Act now.
posted Jan 25, 2017 07:09 AM [EST]
If you are in one of NYC's Burroughs you will have even more protection.
Call a lawyer now before you lose your job. Suing a school district can take years and when those administrators make a decision good luck fighting them - you may win but it usually takes a long time. Even your union reps will tell you that. File union grievances if you have to and exhaust all your CBA rights. Good luck. Act now.
posted Jan 25, 2017 07:09 AM [EST]
Go back until you secure another job.
In NY if you lined up another job with a start date and quit the old job to take the new one you would be entitled to unemployment if the new employer and old one refused to employ you.
Unless your pay or benefits are cut substantially you would be limiting your income by not returning.
The Supreme Court U.S has said employment laws are not civility laws. As long as there are no threats of violence or offensive or discriminatory acts no laws broken.
Of course if this is only happening to you because you belong to some protected class of employees such as older workers or minority or foreign national you might want to consult with an employment lawyer.
Unemployment is only for 6 months and it's a competitive market. At least you both know you are day to day and maybe your employer thinks you willike not find another place as good. Find another job and prove them wrong if that's the case.
posted Jan 23, 2017 5:49 PM [EST]
In NY if you lined up another job with a start date and quit the old job to take the new one you would be entitled to unemployment if the new employer and old one refused to employ you.
Unless your pay or benefits are cut substantially you would be limiting your income by not returning.
The Supreme Court U.S has said employment laws are not civility laws. As long as there are no threats of violence or offensive or discriminatory acts no laws broken.
Of course if this is only happening to you because you belong to some protected class of employees such as older workers or minority or foreign national you might want to consult with an employment lawyer.
Unemployment is only for 6 months and it's a competitive market. At least you both know you are day to day and maybe your employer thinks you willike not find another place as good. Find another job and prove them wrong if that's the case.
posted Jan 23, 2017 5:49 PM [EST]
Don't you think that's good for you?
What if you got fired? Unless your union or your own contract guarantees you will be paid accrued leave no law requires them to pay you.
FMLA is not a guarantee of continued employment. Employers eliminate positions or terminate employees for other reasons. Most of the time they need no reason at all.
Be glad you are getting paid because if your job is cut you may never see that money.
posted Jan 21, 2017 3:51 PM [EST]
What if you got fired? Unless your union or your own contract guarantees you will be paid accrued leave no law requires them to pay you.
FMLA is not a guarantee of continued employment. Employers eliminate positions or terminate employees for other reasons. Most of the time they need no reason at all.
Be glad you are getting paid because if your job is cut you may never see that money.
posted Jan 21, 2017 3:51 PM [EST]
Answer to Can I collect NYS unemployment if I worked in NYS for six months after my NJ unemployment expires
Do you have enough credits in either your base or alternate base periods for earnings generated in New York.Your facts do not state how much time has passed since you worked in New York and whether you timely filed a claim. Remember that the purpose for unemployment is to hold you over from one job to the next not from one unemployment benefits period to another one.
File your claim declare all your income including unemployment from Jersey and see what happens.
Never fail to disclose all earnings from any source in any state and good luck.
posted Jan 21, 2017 3:45 PM [EST]
Answer to husband fault - can i apply for spousal support
If you were discharged from your job because of domestic violence or potential for domestic violence and you informed your employer that you were a victim they can not discharge you for that.Apply for unemployment benefits immediately and inform the DOL that you are a victim of domestic violence and that you informed your employer but they fired you anyway if those are the facts. Be honest.
Your employer will likely re-hire you if they review the domestic violence laws in New York and if you were not fired for other reasons.
Your family support question should be raised with a family law or divorce lawyer. We handle labor and employment matters. If your unemployment benefits are challenged by your employer or if your employer refuses to give your job back when you call and remind them that you are a victim of domestic violence call a labor and employment lawyer.
posted Jan 19, 2017 08:30 AM [EST]
Answer to No severance offered after position eliminated
By law they have to pay you for all of the work they permitted you to suffer. The week after Christmas will almost certainly be paid or bad things will happen to them.They have to provide you notice of how you elect COBRA insurance (you essentially pay what your employer paid plus 2% for the same coverage you had for up to at least 18 months if you elect to go that long) if you choose to continue it.
Employers do not have to provide notice nor severance nor accrued leave time unless they promised to do so by contract (Unions and civil servants usually recover such benefits but every once in a while a private employer makes a mistake and promises a payout in a handbook or other document which employees rely upon).
It's unclear whether your own business is making money now and how much? You are correct that reporting all of your earnings to DOL is mandatory!
However you may still be entitled to short term UI benefits. Let them crank the numbers for you. Without misconduct on your part DOL may award you UI benefits until you no longer qualify.
You may have been discriminated? A labor and employment lawyer would spend time taking a closer look? Did you or a family member suffer with a serious health condition? Taking time off work? Seeing doctors? Older? Minority or other protected group? Any one or more of these could lead to a discrimination demand or charge(s) if pursued skillfully and timely (usually no later than 300 days after fired).
Good luck and a better 2017 to you.
posted Jan 16, 2017 4:55 PM [EST]
Answer to domestic violence situation - wrongful termination
Based on your facts you have been discriminated against by your employer because of domestic violence which has been illegal in New York since at least 2009.If you work in New York City or Westchester you have even more protection than provided for by New York's Human Rights Law.
File for unemployment benefits which you are entitled to file for after a week of no pay check if you believe that your employer has fired you. It looks like they may have or will do that and may not tell you.
Filing a claim for benefits should get their attention. Based on your facts you should then either be awarded benefits or get your job back.
Even if the above happens that does not mean that you still can't pursue a claim against your employer for domestic violence discrimination.
The best thing to do would be to contact a labor and employment lawyer ASAP to discuss all of your options. Good luck.
posted Jan 16, 2017 4:02 PM [EST]
Answer to Can my employer obligate me to pay tuition for a required class upfront?
file:///C:/Users/Jonas/Downloads/Tax%20Info%20Feb%202016.pdfIf education is a bona fide requirement of the position you seek to fill and you do not have it unless they are treating you differently or discriminating against you how would that be unlawful? If you were female and all the males were reimbursed up front and you had to pay to be reimbursed later of course that would be unlawful.
posted Jan 16, 2017 08:41 AM [EST]
Answer to Can my employer obligate me to pay tuition for a required class upfront?
Hard to answer. Are you truly an exempt employee? If you still need education, such as getting an MBA, you may not qualify as exempt under the duties you perform. Although your salary appears to presumptively exempt you are you certain that you fall under an executive, professional, administrative, or other exemption? If not you may be entitled to be paid hourly for all overtime which you work. This is something to keep in mind for future reference because employees in NY recover up to 6 years of wages, plus another equal amount as liquidated damages plus their attorneys' fees when employers misclassify employees. You may decide to work for them and years later sue them with records of all the hours they did not properly pay you.Which brings me to your question. You are not being paid below minimum wage obviously or hopefully even with the tuition. You are probably at will - no contract of employment. You probably want and maybe need the job. You may be able to deduct it as an educational requirement. See what Columbia says about tuition here:
posted Jan 16, 2017 08:37 AM [EST]