V Jonas Urba
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Answers Posted By V Jonas Urba
You have to request reconsideration timely.
You should do so ASAP. Attache the medical letter to your request. You should also apply for benefits from the last position.
The key is good cause and timeliness.
Mail certified, fax, call, and don't wait.
If you did not raise health issues at your first unemployment hearing you are at the mercy of the Unemployment Insurance Appeals Board but no harm in trying.
Make sure you have good cause for not raising the health issue initially. Good luck. Do both - old job and new job and remember that any employer can appeal as can you.
posted Oct 31, 2016 6:27 PM [EST]
You should do so ASAP. Attache the medical letter to your request. You should also apply for benefits from the last position.
The key is good cause and timeliness.
Mail certified, fax, call, and don't wait.
If you did not raise health issues at your first unemployment hearing you are at the mercy of the Unemployment Insurance Appeals Board but no harm in trying.
Make sure you have good cause for not raising the health issue initially. Good luck. Do both - old job and new job and remember that any employer can appeal as can you.
posted Oct 31, 2016 6:27 PM [EST]
Answer to relocation/bonus payment and wages withheld.
No one can answer your question without reviewing your specific facts and contract. You say terrible working conditions. Were you constructively terminated? If you are not sure what that means pay for a legal consultation.If you don't want to do so have you considered either staying or negotiating a new agreement for payback which is more specific? Did you discuss the terms of payback before you accepted another job? If not why not?
When parties enter an agreement supported by consideration such deals are often enforceable. Does that surprise you?
posted Oct 30, 2016 09:39 AM [EST]
Answer to Do I have legal grounds to appeal the LTD discontinuation/denial? If yes, how?
Do you have a work comp lawyer? If so ask them if not hire one.Many LTD plans require applying for social security disability which is a challenge itself. Probably should consult a lawyer for that as well.
No one can help you without reviewing your entire history, medical records, future needs and options, age, education, training and limitations.
Since few people could answer all those questions consult with and retain one or maybe more lawyers. Most of what you require would be contingent anyway. No win or benefits no fee.
posted Oct 26, 2016 4:15 PM [EST]
You need to consult with a lawyer.
Depending on where you worked and for whom a disability accommodation can sometimes include providing an employee with more leave time. FMLA permits 12 weeks but depending on your particular facts there are arguments that more time may be required in certain situations.
Second, your disability leave is based on when the disability began and when it actually became disabling. Those are medical determinations.
Some insurance policies require you to apply for SSDI benefits (but don't do that without consulting with legal counsel) which is another reason to consult with a lawyer. Most insurance companies are very careful about denying persons who are entitled to benefits those benefits because bad faith insurance claims can provide for penalties and attorneys' fees. You should receive all benefits to which you are entitled.
Depending on the specific facts you may have been discriminated against based on a disability or perceived disability. There is too much going on in your case for anyone to help you further without actually meeting with you and seeing you. Sometimes telephone conferences work but you likely need an in person conference.
Schedule a meeting with a labor and employment lawyer to review all of your paperwork and medical records. There is probably more than one way to handle your case and you should seek help especially since your partner or wife left you. It helps to have a second mind work on your challenges.
You may be entitled to continue working, to severance pay, to other damages, etc... but no one can say for sure until you meet with them. Good luck.
posted Oct 24, 2016 11:14 AM [EST]
Depending on where you worked and for whom a disability accommodation can sometimes include providing an employee with more leave time. FMLA permits 12 weeks but depending on your particular facts there are arguments that more time may be required in certain situations.
Second, your disability leave is based on when the disability began and when it actually became disabling. Those are medical determinations.
Some insurance policies require you to apply for SSDI benefits (but don't do that without consulting with legal counsel) which is another reason to consult with a lawyer. Most insurance companies are very careful about denying persons who are entitled to benefits those benefits because bad faith insurance claims can provide for penalties and attorneys' fees. You should receive all benefits to which you are entitled.
Depending on the specific facts you may have been discriminated against based on a disability or perceived disability. There is too much going on in your case for anyone to help you further without actually meeting with you and seeing you. Sometimes telephone conferences work but you likely need an in person conference.
Schedule a meeting with a labor and employment lawyer to review all of your paperwork and medical records. There is probably more than one way to handle your case and you should seek help especially since your partner or wife left you. It helps to have a second mind work on your challenges.
You may be entitled to continue working, to severance pay, to other damages, etc... but no one can say for sure until you meet with them. Good luck.
posted Oct 24, 2016 11:14 AM [EST]
Answer to Consultancy company threatening to sue after I left. Demanding $5K as training costs.
So you are considering being a whistleblower? Does this consultancy have any accreditation or licensing oversight or do they receive state or federal funding?If you threaten to blow the whistle on them and they retaliate against you that may be illegal.
You can not continue to condone fraud. You can not perpetuate false statements.
Request to correct your resume or provide them with the honest one and instruct them to use that one effective immediately.
You do know that your bigger problem is that if you were hired by any company under false resume you are subject to termination forever when any employer discovers that.
For example you work for an employer for 10 years they discriminate against you and you complain. Using a falsified experience level you would have unclean hands. Their after acquired information of your unclean hands 10 years ago would negate any claim you may have had for discrimination. You are not rewarded just because of a falsified 10 year old resume even though you may have otherwise had a great claim.
You have no choice. Good luck.
posted Oct 17, 2016 06:16 AM [EST]
Answer to Severance pay if you work in one state and live in another
That's an accounting or tax attorney question. Unfortunately I can not help you with it since I have not reviewed your severance agreement and since New Jersey law applies to employees working in New Jersey I am not licensed in that state.posted Sep 30, 2016 10:40 AM [EST]
Answer to Can my job stop the 26 weeks i am allowed for Disability and fire me once my DI and FMLA time is use
If you work for the government and covered by a union you may have more than 12 weeks of leave.If you work in NYC you have more rights under the city laws for human rights.
You definitely need to consult with an employment lawyer. Your facts and condition and job and work history need careful analysis.
posted Sep 24, 2016 10:07 AM [EST]
Your question will require a consultation with an employment lawyer.
The timing sounds like it was temporally proximate to your maternity leave. That would be illegal.
However, if the employer was planning it's RIFLE for some time and did not discriminate when making its decision of who goes and who stays it may not be.
However you might have lost health insurance and other benefits which saves the employer money due to your pregnancy and if you were or are disabled that violates other laws and of course the NYC human rights Law is among the most protective in the country and you definitely need to consult with a NYC labor and employment lawyer, preferably a NELA member. National Employment Lawyers Association. Do so soon. Good luck.
posted Sep 19, 2016 07:03 AM [EST]
The timing sounds like it was temporally proximate to your maternity leave. That would be illegal.
However, if the employer was planning it's RIFLE for some time and did not discriminate when making its decision of who goes and who stays it may not be.
However you might have lost health insurance and other benefits which saves the employer money due to your pregnancy and if you were or are disabled that violates other laws and of course the NYC human rights Law is among the most protective in the country and you definitely need to consult with a NYC labor and employment lawyer, preferably a NELA member. National Employment Lawyers Association. Do so soon. Good luck.
posted Sep 19, 2016 07:03 AM [EST]
Answer to I am being asked to resign or be terminated. What are my rights?
Resignations are usually considered your fault.Employers must respond to unemployment and their options are you quit, you were fired, there was lack of work or reduction in force.
A judge will decide whether you were under Duress and not the employer. That's a legal opinion.
Duress might include something the employer did to you which is or was illegal.
Examples: failure to follow Law federal or state, not paying you legally, creating a hostile work environment. That's not what you described.
If you get fired after trying your best to do the job that should not disqualify you unless you have not earned enough or don't qualify otherwise.
99% of the time I suggest never to resign. Constructive discharge, that you had no choice, is really tough to prove.
posted Sep 16, 2016 04:41 AM [EST]
Answer to Is a verbal agreement between a CEO and an employee of the company binding?
It depends. You did not reference any time period. What is part time? How much were you to be reimbursed? If too much was not defined it could be difficult to prove. It will also depend highly on what the value of the contract is? As you probably know smaller dollar contracts are simply not worth pursuing.New York generally does not enforce employment agreements unless they are for a fixed term. If I agree to hire you from Sept. 12 2016 until Sept 12 2017 agreeing to pay you a million dollars and you can prove that we made the agreement - verbal or written it may be enforceable. Has to be for a term certain. Time, place of performance, parties, consideration (how much, not indefinite value - currency, exchange rate, interest, etc... the more vague the less likely to be enforceable).
Statute of Frauds is a common law concept which states that if a contract can not be performed within 1 year it shall be in writing to be enforceable. If memory serves me there are at least 4 exceptions. Promise to marry, promise to pay the debts of another person, purchase of real estate..... must be in writing or not enforceable.
Your facts need to be analyzed with a labor and employment lawyer. How much time lapsed between the e-mail being transmitted and you discovering there is no deal, did you rely on it and incur expenses that he knew or would have known about, did you perform services which you have not been paid for, were you an at will employee to begin with will be very important because if your status did not change at will employees need no reason or notice, etc.....
Bottom line - what you do will make a big difference in how any agreement is evaluated.
A brain surgeon working in an underprivileged country expecting to have a seminar compensated will be viewed much differently from a scuba instructor learning about spear fishing in Aruba. And the expectations and planning for each will be much different.
If enforceable your remedy will be to be made whole, whatever that is or means based on your particular facts.
posted Sep 12, 2016 5:54 PM [EST]