V Jonas Urba
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Answers Posted By V Jonas Urba
Why? If you are leaving? If the Director was discriminating against employees because of their race, color, religion, gender, national origin, disability, age or other protected class then you probably would have reported that to HR already. And HR would have been compelled to investigate and take some corrective action. If they did not you might have set yourself up for a decent severance package had you timed it correctly with the help of an employment lawyer. But it sounds like you just decided to leave for a better or more sane work environment.
Bullying by itself is often not illegal as long as it's an equal opportunity bullier meaning everyone regardless of protected class gets to feel the bullier's wrath. It often trickles down. Top management think that bullies are good and if you work for a company that has that philosophy, complaining might do you more harm than good. You did not complain earlier maybe because everyone was bullied? If that was the case name one good reason to complain when you leave other than thinking you might feel better.
posted May 22, 2020 02:43 AM [EST]
Bullying by itself is often not illegal as long as it's an equal opportunity bullier meaning everyone regardless of protected class gets to feel the bullier's wrath. It often trickles down. Top management think that bullies are good and if you work for a company that has that philosophy, complaining might do you more harm than good. You did not complain earlier maybe because everyone was bullied? If that was the case name one good reason to complain when you leave other than thinking you might feel better.
posted May 22, 2020 02:43 AM [EST]
Answer to Teacher training program was cancelled because of COVID-19, do I qualify for unemployment?
You should contact Michigan and give them your status. All states coordinate with one another. They will eventually catch up and you can only file in one at a time. Thinking that it closed will not do. Continue claiming with Michigan if you qualify.posted May 18, 2020 10:15 AM [EST]
Answer to Can a predetermined outcome be used as pretext?
Are you asking whether an employee who complains can not be disciplined?A non-discriminatory reason to terminate an employee is a good reason as is no reason at all in most cases.
Let's use an example of an employee who takes FMLA leave and they are asked to clean out their desk before leaving. The employer already knows that this employee is not a good fit; maybe they are always late. This employee takes their FMLA and the day they return to work they are fired. The employee alleges it to be FMLA interference but the employer has time records and maybe verbal warnings of tardiness. Was the termination unlawful? Under these facts probably not, but many employees think medical leave protects them from termination as do some employees who file complaints only to find out they were wrong.
posted Apr 28, 2020 12:21 PM [EST]
Non-competes are generally frowned upon in New York. However, the employee choice doctrine can convert an otherwise unenforceable agreement into a fully enforceable one.
Employees sometimes accept money in exchange for agreeing to terms which would otherwise be unenforceable. Be careful.
Employees who quit sometimes are treated less well than those who are fired; especially without cause.
All of the facts must be evaluated by an employment lawyer before you can rely on any opinion. Call some today.
Some agreements specify that the language is confidential and that advance notice to them is necessary but whether that's enforceable depends on the law which is applied. Some are governed by other states' laws by agreement and sometimes the chosen law may not be adopted by the state in which you work. You really should have an employment lawyer review your agreement.
posted Apr 20, 2020 2:48 PM [EST]
Employees sometimes accept money in exchange for agreeing to terms which would otherwise be unenforceable. Be careful.
Employees who quit sometimes are treated less well than those who are fired; especially without cause.
All of the facts must be evaluated by an employment lawyer before you can rely on any opinion. Call some today.
Some agreements specify that the language is confidential and that advance notice to them is necessary but whether that's enforceable depends on the law which is applied. Some are governed by other states' laws by agreement and sometimes the chosen law may not be adopted by the state in which you work. You really should have an employment lawyer review your agreement.
posted Apr 20, 2020 2:48 PM [EST]
Answer to Can New York state public hospitals choose not to hire you due to medicinal marijuana prescription?
You have to disclose all lawful prescription medication up front once a conditional offer of employment has been made and they begin medical testing. If that prescription prevents you from adequately performing the essential functions of your job you may have a problem.You need to immediately take the job description to your physician and ask him or her whether you can perform it with or without an accommodation? And what might the accommodation be? You may or may not have a disability and the medication may or may not impair you either way?
If you operated heavy machinery or had a CDL license you might not be able to do those jobs?
Unless your system is clean and you can pass the test not telling them would not be good but make sure you have the prescription AND the doctor's note saying you can perform those job duties medicated if necessary.
My understanding of medicinal marijuana is that it has a different effect on the human brain than street marijuana but you need a medical expert to explain that to you.
Good luck. They may have a different test for medicinal marijuana but I dont know for certain.
If you lie on an employment application all bets are off. When they discover that you may automatically lose the job so not disclosing medication is never good; assuming they have a legitimate business interest for asking and most employers do.
You should probably also consult an employment lawyer anywhere in NYS to discuss the particulars of your situation in confidence.
posted Feb 23, 2020 1:24 PM [EST]
Answer to is this wrongful termination?
Sounds like a very unfortunate situation.I take it that you were non-union, a private employer, with no employment contract. If true, you were an "at will" employee. They did not even need a reason to let you go.
Employee who are placed on PIPs should call employment lawyers immediately. In your case, it may not have helped. But sometimes we can reinforce how important it is to train, learn, do everything you possibly can to overcome the PIP. Many employers don't even provide PIPs. They just let employees go.
You have not described any discrimination. It sounds like they tried to help you succeed but at some point the supervisor may have decided it was not a good fit.
If there is a positive to this experience, you were not fired because of your personality. That's much more difficult to fix. Not having the skills is something you could eventually learn. Having poor interaction with people might be unfixable.
For your next job, try to learn as much as you can not just on the job but at home. If you are in a career you have never been in, you have to train yourself and at work. Employers don't even have to provide training today unless you happen to be covered by a union agreement and the union insists on training new employees like they used to do for journeymen.
What this shows is that employers in this industry simply can not find people with experience to do those jobs so they gave you a chance. If that's what you want to do, study on your own and apply to another company after you have gained some additional knowledge. Since it's not your personality or ability to get along with people, you will find another job probably in this same industry. It's a positive. If they can't find experienced people neither can their competition. Good luck.
posted Feb 20, 2020 1:36 PM [EST]
Employees who work in any of New York City's Boroughs or Westchester County may not be required to provide medical documentation unless they miss 3 consecutive days from work. Otherwise, employers may request medical documentation to confirm absences.
Absences from work are probably the easiest way for any employer to terminate an employee. Whether it's a car problem or other needs excluding FMLA leave or pre-approved absences, most reasons are good reasons to either discipline or terminate employees as long as the employer is not motivated by discriminatory intent. For example, minority employees are disciplined while Caucasian employees who use the same excuses are not.
If there is no discrimination she should probably make arrangements to avoid lateness or unexcused absences and assure the employer that she will take steps to avoid future issues, excluding medical emergencies of course (i.e. find a new repair shop, car pool, etc.... - many employers don't care and have no legal duty to care about any employee's personal issues which do not involve medically excused absences or requests for medical accommodations which are needed by that particular employee, if any).
posted Feb 19, 2020 3:46 PM [EST]
Absences from work are probably the easiest way for any employer to terminate an employee. Whether it's a car problem or other needs excluding FMLA leave or pre-approved absences, most reasons are good reasons to either discipline or terminate employees as long as the employer is not motivated by discriminatory intent. For example, minority employees are disciplined while Caucasian employees who use the same excuses are not.
If there is no discrimination she should probably make arrangements to avoid lateness or unexcused absences and assure the employer that she will take steps to avoid future issues, excluding medical emergencies of course (i.e. find a new repair shop, car pool, etc.... - many employers don't care and have no legal duty to care about any employee's personal issues which do not involve medically excused absences or requests for medical accommodations which are needed by that particular employee, if any).
posted Feb 19, 2020 3:46 PM [EST]
Employers do not have to provide any documentation to former employees excluding wage documents such as for the DOL (i.e. unemployment) or to the DOF or Treasury (i.e.for income taxes).
However if you need paperwork due to visa, immigration, or for work permit reasons then you should contact an immigration lawyer.
posted Feb 19, 2020 04:35 AM [EST]
However if you need paperwork due to visa, immigration, or for work permit reasons then you should contact an immigration lawyer.
posted Feb 19, 2020 04:35 AM [EST]
Any employment lawyer needs to read your severance agreement before advising you regarding acceptance. We charge a flat fee for that and most of those are done remotely. No need to waste time traveling to a lawyer's office.
Regarding the dating a client that was probably ok but I generally discourage that. Because if the relationship goes south either the client will fire the vendor or vice versa. It's even worse if you date someone working for your own employer.
Associational discrimination, promissory estoppel, and breach of contract are sometimes other theories but those facts should be discussed in private with a knowledgeable employment lawyer.
posted Feb 8, 2020 08:00 AM [EST]
Regarding the dating a client that was probably ok but I generally discourage that. Because if the relationship goes south either the client will fire the vendor or vice versa. It's even worse if you date someone working for your own employer.
Associational discrimination, promissory estoppel, and breach of contract are sometimes other theories but those facts should be discussed in private with a knowledgeable employment lawyer.
posted Feb 8, 2020 08:00 AM [EST]
Complete and submit all forms timely as requested. If in doubt, always check with human resources. Keep records of who and when you speak with and what you discuss at human resources. Potential claims rely on documentation, telephone conferences, emails, texts so keep all.
The ADA does not recognize any named illnesses (i.e. diabetes) or conditions (i.e. anxiety or very poor vision) as disabilities. Many employees suffer with such illnesses or conditions but are not disabled when they follow doctors' orders, take medication, wear corrective eyewear, etc.... As an example, a diabetic person, insulin dependent, medically compliant, may never require an accommodation under either federal or state laws and therefore, in the workplace, they do not have a disability UNLESS their employer regards or perceives them as disabled, which happens infrequently, and would be illegal.
New York State's Executive Law is broader than federal law and your combination of ailments might be more protected under our state's laws. Have you requested accommodations with human resources? Engaged in the interactive process? Asked your doctor for suggestions of what you might need to help you perform the essential functions of your job?
If you require accommodations for one or more disabilities, engage in the interactive process. If you are uncertain what that is, retain an employment lawyer to help you do so. Unexcused absences may be construed as job abandonment, no call, no show, or insubordination which might disqualify you from unemployment benefits were you terminated.
posted Feb 1, 2020 07:37 AM [EST]
The ADA does not recognize any named illnesses (i.e. diabetes) or conditions (i.e. anxiety or very poor vision) as disabilities. Many employees suffer with such illnesses or conditions but are not disabled when they follow doctors' orders, take medication, wear corrective eyewear, etc.... As an example, a diabetic person, insulin dependent, medically compliant, may never require an accommodation under either federal or state laws and therefore, in the workplace, they do not have a disability UNLESS their employer regards or perceives them as disabled, which happens infrequently, and would be illegal.
New York State's Executive Law is broader than federal law and your combination of ailments might be more protected under our state's laws. Have you requested accommodations with human resources? Engaged in the interactive process? Asked your doctor for suggestions of what you might need to help you perform the essential functions of your job?
If you require accommodations for one or more disabilities, engage in the interactive process. If you are uncertain what that is, retain an employment lawyer to help you do so. Unexcused absences may be construed as job abandonment, no call, no show, or insubordination which might disqualify you from unemployment benefits were you terminated.
posted Feb 1, 2020 07:37 AM [EST]