V Jonas Urba
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Answers Posted By V Jonas Urba
Answer to pay my boss back for unemployment?
No. If it feels wrong it probably is wrong.You have no choice but to honestly report your earnings to DOL. Do not fall into the trap of letting your boss have that type of behavior hang over you.
Think of what else the boss may ask you to do and how dishonest or incredible you may appear for some other future matter should you have to blow the whistle on your boss for illegal behavior.
Who will believe you then? And DOL fraud is a big deal.
posted Dec 12, 2016 6:08 PM [EST]
Maybe. Have you discussed it with your doctor? What does he or she think?
Have you reported it to your employer? Did they send you to their work comp doctor?
Although I don't handle work comp cases you should probably discuss what sounds like it might be an aggravation of a pre-existing condition with a lawyer who handles work comp cases and if you have a lawyer for the first injury you definitely want to notify them ASAP.
posted Dec 8, 2016 12:07 PM [EST]
Have you reported it to your employer? Did they send you to their work comp doctor?
Although I don't handle work comp cases you should probably discuss what sounds like it might be an aggravation of a pre-existing condition with a lawyer who handles work comp cases and if you have a lawyer for the first injury you definitely want to notify them ASAP.
posted Dec 8, 2016 12:07 PM [EST]
Answer to If a coworker talks or test about another is that deformation of character
Defamation or destruction of character can be in writing (called libel) or verbal (called slander).Truth is a defense and if there is no publication (to a 3rd party) there can be no damages. If your former manager still works for the same company then publication probably does not exist.
Is the employee being insubordinate to you (not following your instructions)? Are you permitted to discipline the employee for things like stealing company time (texting while at work or not during a break or lunch time might be a violation of company policy). Read and understand all of your company's policies and apply them equally to every employee that you supervise. If texting is not permitted except during breaks or lunches then enforce the policy for everyone.
Maybe this employee should be on a performance improvement plan?
You should check with human resources first and ask them for suggestions on how you should handle the situation. If this is the employee doing this they may not be employed for much longer.
Of course if the employee is covered by a union then you have a separate set of rules (collective bargaining agreement) that you must follow.
Good luck and follow human resources' suggestions. And most importantly you need to learn all of your company policies and procedures - the employee handbook or rules and regulations - and follow them yourself as well or you could be looking for a new job yourself.
Ask human resources for training programs or videos or webinars that you can take as a manager. They should help you unless you have no HR department which is a totally different problem.
posted Dec 5, 2016 11:03 AM [EST]
I am not sure I understand your question?
Your wife wanted to take FMLA, received a doctor's note permitting her to take FMLA leave, but she continued to work regardless?
Now she has been suspended for not following her doctor's advice? Apparently she needs to speak with her doctor and let the doctor know that she "powered through" her illness.
She can probably expect that her doctor will not be much happier with her than her employer is.
She should understand that if she requests time off for a serious health condition, the doctor gives her time off, and she chooses not to take the time off bad things may happen. You know the employer is concerned for her health just as her doctor is and she has dug herself a bit of a hole now.
Did she cause her health condition to get worse by not following doctor's orders and will her employer trust her in the future if she tells her doctor she needs time off and then tells her employer the opposite or keeps working?
Remember that FMLA is not an insurance policy. An employer may discipline or fire employees even if they have serious health conditions for reasons like not disclosing that they may pose a risk to themselves or others or have told employers differing stories regarding illnesses. She needs to be careful and truthful or she could lose her job. Seek legal counsel immediately for more detailed suggestions ASAP! Especially since she needs the job.
posted Nov 21, 2016 6:35 PM [EST]
Your wife wanted to take FMLA, received a doctor's note permitting her to take FMLA leave, but she continued to work regardless?
Now she has been suspended for not following her doctor's advice? Apparently she needs to speak with her doctor and let the doctor know that she "powered through" her illness.
She can probably expect that her doctor will not be much happier with her than her employer is.
She should understand that if she requests time off for a serious health condition, the doctor gives her time off, and she chooses not to take the time off bad things may happen. You know the employer is concerned for her health just as her doctor is and she has dug herself a bit of a hole now.
Did she cause her health condition to get worse by not following doctor's orders and will her employer trust her in the future if she tells her doctor she needs time off and then tells her employer the opposite or keeps working?
Remember that FMLA is not an insurance policy. An employer may discipline or fire employees even if they have serious health conditions for reasons like not disclosing that they may pose a risk to themselves or others or have told employers differing stories regarding illnesses. She needs to be careful and truthful or she could lose her job. Seek legal counsel immediately for more detailed suggestions ASAP! Especially since she needs the job.
posted Nov 21, 2016 6:35 PM [EST]
You should consult with a lawyer. The WARN Act may apply.
Are you protected by a union or contract of employment?
I am not aware of any employees anywhere in the state who are automatically entitled to severance pay, except possibly up to 6 months of unemployment benefits if you otherwise qualify (severance pay will affect such benefits in many cases), or even paid vacation, unless some contract provides benefits to you.
You need to provide specific details to a lawyer for advice you can rely on in this very serious situation.
posted Nov 19, 2016 4:05 PM [EST]
Are you protected by a union or contract of employment?
I am not aware of any employees anywhere in the state who are automatically entitled to severance pay, except possibly up to 6 months of unemployment benefits if you otherwise qualify (severance pay will affect such benefits in many cases), or even paid vacation, unless some contract provides benefits to you.
You need to provide specific details to a lawyer for advice you can rely on in this very serious situation.
posted Nov 19, 2016 4:05 PM [EST]
Answer to 220 title given to someone who never did work in that title
Are you a union member? If so collective bargaining agreement (CBA) likely covers that but how does it affect you? If you have the position you need, want, are qualified to hold, do you care unless that title and the laborer holding it affects your safety on the job?I have seen positions go to relatives, friends, favorites, etc.... and unless the CBA, a contract, was violated in some way, would a union arbitrator care if you raised the issue? In law school they told us "if you want "fairness" join a monastery or convent."
You have grievance rights assuming you are union. Before filing decide what you want other than to throw a wrench in the union system created for your members. It's a system and any system is never perfect.
If you truly want to see change become a union steward. Several clients have done that. They may not be totally happy but serving in those roles gives them some power they would otherwise not have. You rock that union boat too much you will either get sick or fall off.
If you are not in a union contact the NLRB and organize. Good luck.
Welcome to the world of unions - more fair, but never perfect.
posted Nov 11, 2016 4:54 PM [EST]
Answer to Can a company offer severance and then take the offer back?
Be thankful that you are still employed.Do NOT quit unless you find a new job with a definite pay rate and start date. If you line up a new job, quit, and then are fired from the new job you should be able to collect unemployment. If you quit without another job lined up you will probably not qualify for unemployment benefits.
As for contracts, if they knew that you were relying on the severance and had taken action (making plans to move or selling your house) and that you had relied on their promise of severance then you may have detrimentally relied on their promise to offer you severance.
If they simply refuse to pay you something they were not required to pay you how would you prove that you gave something in return for the severance (made some bargain with them) they offered and then took back? No employer is required to provide severance.
However, if they offered severance only to women or to another protected class or group of employees and you are not female nor a member of the group or class which was denied severance and it was because of such illegal reason that they denied severance that might be actionable.
Consult with a labor and employment lawyer to be sure. The facts determine what claim or claims you may have and you can not possibly list all the relevant facts on this list serve in order for anyone to provide you with an actionable or reliable answer. Get counsel.
We often discover things like improper pay practices or other violations of law when speaking with employees and more often than not we negotiate even better packages than employees are offered on their own (we can never guarantee a better severance package but it is no secret that your signing a general waiver or release of potential claims or actions against an employer is worth money to any employer). Good luck.
posted Nov 10, 2016 11:58 AM [EST]
It never hurts to consult with an employment lawyer.
Regardless of whether you were fired for cause or not lawyers can sometimes, and often negotiate some type of severance agreement for employees. Longer term employees are favorites since you have devoted more years to one employer.
You were probably not union represented although that does not matter so much. You probably applied for and will receive unemployment benefits.
There is no harm in seeking a consultation. We often speak with employees for 15 minutes, sometimes longer, for no charge. We don't want to waste a potential client's or our time if we don't think we can help. The 15 minute conference usually provides enough information to decide whether to go further, consult in person, etc...
Call a labor and employment lawyer. You have nothing to lose in doing so.
posted Nov 10, 2016 11:17 AM [EST]
Regardless of whether you were fired for cause or not lawyers can sometimes, and often negotiate some type of severance agreement for employees. Longer term employees are favorites since you have devoted more years to one employer.
You were probably not union represented although that does not matter so much. You probably applied for and will receive unemployment benefits.
There is no harm in seeking a consultation. We often speak with employees for 15 minutes, sometimes longer, for no charge. We don't want to waste a potential client's or our time if we don't think we can help. The 15 minute conference usually provides enough information to decide whether to go further, consult in person, etc...
Call a labor and employment lawyer. You have nothing to lose in doing so.
posted Nov 10, 2016 11:17 AM [EST]
Answer to Can I sue employer for withholding my check wrongfully or is there penalties in New York state?
File a claim with NYS Department of Labor.Labor Standards investigates and "endeavors" to collect on these claims. If you had "good cause" for quitting you may be entitled to unemployment benefits. Consult legal counsel before filing such a claim.
For unpaid wages you must first demand to be paid. You might begin with certified or registered mail to them or a fax or hand delivery of a demand or all of the above. You will want proof that you demanded payment to your "correct" or current address or direct deposit and they failed to pay you after demand.
http://www.labor.ny.gov/formsdocs/wp/LS223.pdf
Good luck.
posted Nov 10, 2016 10:54 AM [EST]
Answer to can a employer tell you that you can take two weeks vacation till you earn it.
No employer is required to provide vacation unless there is an enforceable contract. Unions usually negotiate vacation for their members in collective bargaining agreements.However if you are not in a union but are lucky enough to work in New York City (one of the Burroughs) looks like you probably have earned 40 hours of sick leave. Check your employee handbook or consult with a lawyer or the New York City Commission on Human Rights if you believe there is some type of discrimination such as other employees are treated differently. The Commission will not object if you also hire and bring your own lawyer to resolve this. Good luck.
posted Nov 2, 2016 1:52 PM [EST]