Answers Posted By V Jonas Urba

Answer to DEMOTION IN JOB TITLE AND PAY/ EMPLOYERS REJECTION FOR A PAY-OFF

I can not tell from your question whether your residency or immigration status is possibly at risk. If it is seek counsel from an immigration lawyer.

If your immigration status is not at risk employers are usually free to do as they please with a few exceptions.

The first thing we examine is whether you are under contract, under a union CBA, or protected by government employee civil service laws. Contract employees have definite terms such as "X dollars annually through January 1, 2018" (which is just one example of how a written and signed contract might appear).

Excluding the above terms and conditions are generally subject to change at any time. Also, under the same exclusions employers are not required to provide severance. Under the same exclusions titles mean very little. In the U.S. it's all about how much an employee is compensated. What you are called is almost irrelevant except when deciding which class or category of employee you might fall under.

If your immigration or residency status is at risk seek counsel with an immigration lawyer.

If you are under a definite term written contract pay a labor and employment lawyer to review the specific terms of your employment agreement.

If you believe that you are being discriminated because you are a member of a particular class of employee and you are being treated differently than other classes of employees because of such inclusion which is beyond your control seek an employment discrimination lawyer for advice.

If you need unemployment benefits because you have lost your job not due to misconduct (having your pay cut in half is almost certainly good cause to leave to collect UNEMPLOYMENT BENEFITS but ONLY for this purpose in NY. If residency or immigration status is affected in any way discuss with an immigration lawyer BEFORE you quit - it would do little good to recover unemployment if you are deported which action would disqualify you from benefits since you would not be available to accept another job).

Good luck.

posted Jan 16, 2017 08:28 AM [EST]

Answer to I work for a cable tv company in a telemarketing position where we autodial out to customers to acquire new and/or reacquire past customers on a pool money commision structure including salary. There is inbound calling as well to a minimum. Is it legal fo

Your question was cut off at "Is it Legal Fo......."

I am assuming there is incentive or possibly commission pay involved? Under NO circumstances may you be paid less than minimum wage. Divide total pay by total hours. If on any week you fall below that you more than likely have wage and hour claims under both state and federal laws.

Personal or individual liability applies. A manager who knowingly permits you to suffer such work is personally liable. Those violations usually provide liquidated damages (most often double). And your attorneys' fees and costs are paid by the employer if you can prove such violations.

Here's what the federal government says about your job:

https://www.dol.gov/whd/regs/compliance/whdfs64.pdf

If you are paid above minimum wage you should consult with legal counsel to determine whether your employer is potentially violating any other laws.

posted Jan 12, 2017 10:44 AM [EST]

Answer to Can a salaried employee be docked vacation time if late?

When you say that you have a contract you mean that you have a definite term of employment correct? Meaning there are dates from until when you are guaranteed work unless you break the terms of your agreement correct?

Unless a lawyer has reviewed your "contract" don't confuse an offer of employment which often states that you are "at will" with a contract of employment. There are big differences. Have a lawyer review the document you believe to be a "contract."

A lawyer may also notice that you are being discriminated as you suggest or imply and that would be illegal.

However, to get back to your question, assuming you have some type of contract and assuming there is no discrimination going on? then here's what NY's Department of Labor says about benefits and taking them away:

"Whether an employer must pay for unused time depends upon the terms of the vacation and/or resignation policy. New York courts have held that an agreement to give benefits or wage supplements, like vacation, can specify that employees lose accrued benefits under certain conditions. [See Glenville Gage Company, Inc. v. Industrial Board of Appeals of the State of New York, Department of Labor, 70 AD2d 283 (3d Dept 1979) affd, 52 NY2d 777 (1980).] To be valid, the employer must have told employees, in writing, of the conditions that nullify the benefit."

If you are certain that other employees are not being treated the same way AND that you are not an employee at will (if you mistakenly believe you have a contract when you are at will you can lose your job for no reason at all as an at will employee). Of course if you can prove that others were treated more favorably when they broke the same policies then you may have a discrimination claim but you should proceed with caution.

Don't be your own lawyer. Retain or at least consult with a labor and employment lawyer first. Keep in mind that if I were an employer the easiest way to fire someone is for not showing up on time - especially in health care, when being there is priority one. I might be more concerned with losing my job than vacation benefits but that's me.

posted Jan 9, 2017 09:44 AM [EST]

Answer to I'm a 20 year veteran surgical ICU nurse who went above and beyond all job duties including asking supervisory nursing to get out of the way I'm a huge patient advocate in a situation patient was coding supervisory nursing did not know what they were doin

They "did not know what they were doin...." is the end of your question.

Were you fired?
We're you disciplined?
Did they call police to have you restrained or arrested?
Did you lose pay or benefits?
What are your damages?

Assuming no union and no employment contract don't you have to follow employer's policies? Did you do so?

Are you facing disciplinary action against your license or possibly lawsuits by co-workers or the patient or survivors?

Retain legal counsel.

posted Jan 7, 2017 09:28 AM [EST]

Answer to Can my employer withhold pay expenses from 2015?

I do not understand your question.

Did you request reimbursement in writing? Was your request timely and if not why not? If it was timely why have you waited more than a year to follow up?

How did you or your employer prepare your tax returns for 2015 without knowledge of reimbursement or whether you had unreimbursed expenses?

If you still work for this employer sounds like an accounting and tax issue to discuss with the employer. If you have parted ways probably a DOL claim or if it declines to intervene on your behalf a matter for small claims court. Good luck.

posted Jan 5, 2017 3:33 PM [EST]

Answer to I have an employment offer which I accepted 1.5 years ago which states

Remember that an employment offer is not the same as an employment contract. If there is no start and stop date you are likely an employee at will. If you believe you are under contract pay a lawyer to advise you.

Bonuses and other benefits such as vacation or holidays are discretionary for at will employees. Without a contract or union agreement no employer is required to provide them.

Of course if you are improperly salaried or not exempt from hourly pay (i.e. they pay you salary when you should be paid by the hour) they may owe you back pay, liquidated damages, and attorneys' fees. Consult a lawyer in that scenario.

Otherwise your choice may be to watch compensation squeezed tight or find a new job.

posted Jan 5, 2017 05:27 AM [EST]

Answer to My old employer sent me a Bill for the dept of labor and wants me to send a check to my old employer. What should I do? I would think the Dept of labor would bill me if I was over paid. It looks like my old employer wants me to pay what they owe the dept

Contact the Department of Labor. They will look into it and you will eventually hear from them.

Employees often move. Make sure DOL always has your current contact information and you should hear from DOL at the same time your employer does if anything concerns you.

Does the DOL letter to your employer show you being copied with that letter?

posted Jan 4, 2017 1:46 PM [EST]

Answer to pay salary with bonus

A lawyer should review the offer.

Are you an at will employee? Do you have a definite start date and a definite or proposed no earlier termination than X date? If not you may likely be an at will employee.

At will employees may be terminated for good, bad or no cause. They may not be terminated for a discriminatory or illegal reason but every employee must prove such reason.

Bonuses are usually discretionary. They may or may not be paid and an employee may or may not be entitled to them. Paying extra by bonus, without specifying what criteria must be met and on what date you will have earned the bonus means that it is probably at the discretion of the employer.

Unless your contract or employment is for a specific term with a minimal compensation for such term your compensation may be reduced or eliminated at any time.

May I kindly strongly suggest paying a labor and employment lawyer to fully and completely review your agreement before you rely on something that may or may not be enforceable. For the salary you reference it seems that such a consultation would be the least you could do.

Better to know what you face and your options sooner than later. Good luck.

posted Jan 3, 2017 12:45 PM [EST]

Answer to Promotion with a promised raise after 3 months

Most employees are "at-will" employees. If you have no contract of employment (date certain to date certain), do not work for the government, or are not covered by a union's collective bargaining agreement then you are probably at will.

At will employees can be terminated for a good, a bad, or no reason at all. At will employees may not be terminated for a discriminatory or illegal reason. If you are within a protected category of employees (one example would be an over 40 employee) and you are terminated because of your age and can prove that age was the motivating factor for terminating you then you might have a cause of action assuming you could prove that.

Position elimination is NOT illegal unless a contract or agreement or civil service rules forbid elimination. In fact, positions and titles generally play little role unless the title and higher pay go hand in hand.

Lowering pay is also not illegal unless your compensation falls below minimum wage. Although you could probably still collect unemployment if your pay was cut substantially and you quit - but don't count on that.

Bottom line is that you probably should start looking for another job. Push corporate too hard and they could eliminate the position you still have unless you can prove there was discrimination or that you filed some external complaint or charge and they retaliated against you.

Paying a labor and employment lawyer can be worth the price. If you think there will be or could be discrimination down the line we often work with employees for months and sometimes longer without an employer knowing someone is being counseled. We help employees look for certain behaviors, document their own cases, and then wait for termination to happen. Unless an employee is very good at keeping documents proving employment discrimination without this type of procedure is tough.

If you are being paid above market rates, think finding another job will be tough, or your skills are very limited to a narrow line of work, or you have non-competes which tie your options up getting legal counsel is not even optional. It's mandatory. If you can land another job paying what you make now pretty easily do that and save some money that you would otherwise pay lawyers.

Most of us don't want to take your money unless you truly need us and then we do charge you because we have bills to pay like everyone else. Employees who thank us for spending 15 or 60 minutes on the phone if we think you might have a case down the road are the ones we like to work with. Clients have to be willing to work with their lawyers to resolve employment law matters. Good luck.

posted Dec 21, 2016 1:08 PM [EST]

Answer to Boss is retiring in April. How can I ask for severance pacakge?

Great question! Thanks for asking.

Most employees don't do so and sometimes it costs them.

First, no company has to give anyone severance. Nowadays 1 week for every year of service is not unusual although some companies offer nothing. They have to offer some or adequate consideration if you agree to resign but never do that without seeking a legal consultation.

Second, being fired or told you will be fired is best. Having your pay cut substantially can be constructive discharge which is like being fired. If you simply quit do NOT count on unemployment benefits. Those decisions are made by the state and when the state inquires most employers answer honestly regarding whether you quit or were fired.

Third, everything is negotiable!

Fourth, were you subject to any discrimination which you reported in the recent past or might you or your boss have been whistleblowers? Was your boss asked to leave?

Fifth, do you have another job lined up?

Since you are highly compensated for your position don't quit until you discuss these and other options with a labor and employment lawyer.

Although the consultation will probably (hopefully) cost you money you want to get some advice that you feel comfortable relying on. We sometimes see a client and say "now I see why the employer made the right or wrong decision to let someone go."

Best, off the cuff, without seeing and meeting you, advice is to act as if nothing happened and that you intend to stay for years or maybe decades. The company has already sent you a message that you may lose your job because you are highly compensated. Don't let that scare you into resigning. Being told you will be fired or laid off is almost always better than quitting.

Who else is being asked to leave?
Who is staying or will anyone replace those who leave?
Will witnesses support your solid work history?
Has your industry changed?
What are your employment prospects?
Are you social media connected such as with LinkedIn?
Where do you see yourself in the future?
Can you take advantage of any training or development before you leave?
Where have others from your company landed?
Have you discussed some of these issues with your boss if you trust her or him?

Get all of your documents in order (i.e. performance reviews, handbooks, etc....) and consult with a labor and employment lawyer. The fee you pay will be well worth it and may result in her or him negotiating on your behalf if the worst case happens. Good luck.

posted Dec 15, 2016 1:06 PM [EST]