V Jonas Urba
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Answers Posted By V Jonas Urba
Firstly, you should never post the name of your employer on a public website. In fact the best policy is never to post anything negative on the internet since it's out there forever and once it's on the internet you have lost control over where it may end up.
Secondly, an employer which changes its policies or procedures "daily" risks litigation. How will it show that it applied any policy or procedure to you or anyone else neutrally or uniformly, without considering protected classes to which you or another employee belongs (i.e. race, religion, national origin, etc....)?
Thirdly, I do not know whether you enjoy protection afforded by the FMLA, whether your health condition(s) is "serious." whether you have requested FMLA, or whether you are "disabled" and entitled to a reasonable accommodation by your employer after you have requested such accommodation and the accommodation does not unduly burden your employer.
Generally, employers are permitted to make certain that employees arrive to work precisely on time so long as such policies are uniformly applied and enforced.
You may want to review the following link to see if you are covered and/or protected by the FMLA:
http://www.dol.gov/whd/regs/compliance/whdfs28.pdf
If you have questions you should consult with a labor and employment lawyer. The specific facts of your case will determine whether your employer violated or will be violating laws and this is not an area for do-it-yourself remedies, especially if your employer operates in New York City which offers much more protection for employees or if you have a disability as per the ADA AA or local laws you should definitely consult with a labor and employment lawyer. Good luck.
posted Mar 10, 2016 08:18 AM [EST]
Secondly, an employer which changes its policies or procedures "daily" risks litigation. How will it show that it applied any policy or procedure to you or anyone else neutrally or uniformly, without considering protected classes to which you or another employee belongs (i.e. race, religion, national origin, etc....)?
Thirdly, I do not know whether you enjoy protection afforded by the FMLA, whether your health condition(s) is "serious." whether you have requested FMLA, or whether you are "disabled" and entitled to a reasonable accommodation by your employer after you have requested such accommodation and the accommodation does not unduly burden your employer.
Generally, employers are permitted to make certain that employees arrive to work precisely on time so long as such policies are uniformly applied and enforced.
You may want to review the following link to see if you are covered and/or protected by the FMLA:
http://www.dol.gov/whd/regs/compliance/whdfs28.pdf
If you have questions you should consult with a labor and employment lawyer. The specific facts of your case will determine whether your employer violated or will be violating laws and this is not an area for do-it-yourself remedies, especially if your employer operates in New York City which offers much more protection for employees or if you have a disability as per the ADA AA or local laws you should definitely consult with a labor and employment lawyer. Good luck.
posted Mar 10, 2016 08:18 AM [EST]
Generally, if you provide notice of intent to leave or retire and your employer does not pay you through the date on which you select as your last day of work then you would be entitled to unemployment benefits in New York State. However, in order to collect unemployment benefits you need to certify every week that you are available for work. Once you state, in writing, that you are retiring will the Department of Labor believe that you wanted to continue to work after the date that you say you intend to retire?
If you provide too much notice what will prevent the employer from alleging that you are "retired in place," meaning that your only purpose is to ride out the last few days of work? Will the employer attempt to terminate you "for cause" or maybe even allege misconduct to deny your claim for unemployment benefits?
Once you "retire" or select a date for doing so don't count on receiving unemployment benefits. A better option might be to provide reasonable or required notice (not 90 days unless you have agreed to that or some policy requires it) and state that you intend to slow down or work fewer hours. This way you keep your options open. Also, be careful about discussing the term "retirement" at work or with HR. Organizations today are concerned more with their own viability and relevance than yours.
You may provide courtesies and later discover that the organization outsourced, right-sized, down-sized, contracted, etc... regardless.
Good luck.
posted Mar 9, 2016 1:14 PM [EST]
If you provide too much notice what will prevent the employer from alleging that you are "retired in place," meaning that your only purpose is to ride out the last few days of work? Will the employer attempt to terminate you "for cause" or maybe even allege misconduct to deny your claim for unemployment benefits?
Once you "retire" or select a date for doing so don't count on receiving unemployment benefits. A better option might be to provide reasonable or required notice (not 90 days unless you have agreed to that or some policy requires it) and state that you intend to slow down or work fewer hours. This way you keep your options open. Also, be careful about discussing the term "retirement" at work or with HR. Organizations today are concerned more with their own viability and relevance than yours.
You may provide courtesies and later discover that the organization outsourced, right-sized, down-sized, contracted, etc... regardless.
Good luck.
posted Mar 9, 2016 1:14 PM [EST]
There is no quick and simple answer to your question.
Here is a link from New York State's Department of Labor which should get you started. Should this not answer your questions then you should consult with a labor and employment lawyer to dig much deeper into the specific details of what you do, how you got started doing it, how much you were told you would earn doing it, who decides when you do it, how you learned to do it, whether there are any constraints on your leaving to do it for some other employer, how you do it, how long it takes to do it and when payment is actually made for completing what you do, and more particulars of your situation.
There are situations where salaried employees are entitled to hourly plus overtime compensation if they are improperly classified as exempt employees when the duties and responsibilities of the employee or how the employee's job is established and performed is not consistent with an exempt employee. Such discussions should be held in confidence with an attorney.
https://www.labor.ny.gov/legal/counsel/pdf/payment-of-commissions-frequently-asked-questions.pdf
posted Mar 2, 2016 12:49 PM [EST]
Here is a link from New York State's Department of Labor which should get you started. Should this not answer your questions then you should consult with a labor and employment lawyer to dig much deeper into the specific details of what you do, how you got started doing it, how much you were told you would earn doing it, who decides when you do it, how you learned to do it, whether there are any constraints on your leaving to do it for some other employer, how you do it, how long it takes to do it and when payment is actually made for completing what you do, and more particulars of your situation.
There are situations where salaried employees are entitled to hourly plus overtime compensation if they are improperly classified as exempt employees when the duties and responsibilities of the employee or how the employee's job is established and performed is not consistent with an exempt employee. Such discussions should be held in confidence with an attorney.
https://www.labor.ny.gov/legal/counsel/pdf/payment-of-commissions-frequently-asked-questions.pdf
posted Mar 2, 2016 12:49 PM [EST]
Answer to Employment Discrimination - Survived FRCP 12(b)(6) , what is the next step?
I assume you are in federal court New York Northern District. Find a labor and employment lawyer on the National Employment Lawyers Association (NELA) website or call your county bar association lawyer referral service (most counties have one) and Albany certainly does.Surviving that motion is good but every plaintiff bears the burden of proof. You should retain counsel even if you have to pay a reduced hourly rate plus contingent fee. Good luck.
posted Mar 2, 2016 09:10 AM [EST]
Consult with a labor and employment lawyer.
Was your performance satisfactory when you were a manager? Was your team performing as management required? Were you warned or on a performance improvement plan?
Did you have an EEOC charge number or at least confirmation from your HR department that your complaint was received BEFORE any of the above may have occurred? If yes consult a lawyer.
posted Mar 1, 2016 6:24 PM [EST]
Was your performance satisfactory when you were a manager? Was your team performing as management required? Were you warned or on a performance improvement plan?
Did you have an EEOC charge number or at least confirmation from your HR department that your complaint was received BEFORE any of the above may have occurred? If yes consult a lawyer.
posted Mar 1, 2016 6:24 PM [EST]
Answer to Can an employer with hold pay for vacation days taken in Jan if I quit in March?
Entitlement to paid vacation in general does not exist in New York State. However, you must be treated the same as any other employee regarding terms and conditions of employment. Maybe you did not provide enough notice or you left within "x" number of days after vacation and they never pay employees for doing so. Did you know that this employer will not pay you for accrued vacation if you take it just before resigning? Did you either have the new job confirmed or interviewed for it during your vacation?Most offer letters, like employee handbooks, state that they are not contracts of employment and that you remain an "employee at will."
You should consult with a labor and employment attorney if you believe that you have a breach of contract claim. But remember that if it goes to court the amount of damages may not be worth hiring a lawyer unless your offer letter rises to the level of a contract AND states that the prevailing party in a contract breach recovers attorneys' fees. This is why your employer will probably not pay and your negotiation of something might be your best option. See if the employer will give you a glowing reference letter (that you can then use for your next position) in the worst case scenario.
posted Feb 25, 2016 05:36 AM [EST]
Answer to My offer letter states that my regular hourly shift is 7.5 hours but I worked 8, is that overtime?
An offer letter should not be confused with an employment contract for a specific term of employment (i.e. with a start and stop date). Most employees are "at will". That means that either side can end the relationship at any time with or without a reason. You may opt to do so since without a term of employment employers reserve their right to change the terms and conditions of employment.If you work more than 40 hours per week you may be entitled to overtime for hours in excess of 40 unless you are exempt. Your facts did not specify whether you are paid hourly or salary. Hourly workers must be paid no less than minimum wage for every hour worked and time and one half for hours exceeding 40 per week. There are exceptions and exemptions for many occupations and jobs. This is in general.
posted Feb 23, 2016 6:10 PM [EST]
You state that you quit to permit your wife to work there. There is nothing wrong with that. However, if you were attempting to circumvent "conflict of interest policies" of the employer how would you attribute that to your wife. Most HR persons lack authority to make those types of policies. However if you applied at a different company and your ex defamed or gave false information to another potential employer then you might have a claim (assuming she did that, you can prove it, and her false information caused your non-hiring.
Your question sounds closer to divorce law where you would request some amount of money from your ex for the sacrifice you made of quitting your union job to permit het to secure a six figure income. Good luck.
posted Feb 12, 2016 10:19 AM [EST]
Your question sounds closer to divorce law where you would request some amount of money from your ex for the sacrifice you made of quitting your union job to permit het to secure a six figure income. Good luck.
posted Feb 12, 2016 10:19 AM [EST]
The Office of Attorney Regulation is certainly one option but I am not certain that that is your best option, given the information provided.
You have reached a number which in and of itself is a great first step. If you decide to fire your current attorneys (which is always an option) you may still owe them attorney fees for the work they have done and you may wish to consult with other attorneys in your area regarding whether they would be willing to substitute counsel and how much that might cost you, etc..... and what they might be able to do for you which your current counsel are not doing.
You might be surprised by how many clients I represent and it is not until months later that I learn facts which they either believed they did not have to or did not want to share with me. I do not know whether that applies in your case but your first step should be to schedule an in-person office conference with your attorneys and share your feelings and concerns with them. You may be surprised at how quickly your issues and concerns resolve themselves.
We are very busy and sometimes one or two clients take up an unbelievable amount of time. That does not mean that these clients do not deserve it but it means that we may believe that a case is resolved, have already moved on, and now a client tells us that they disagree. Your lawyers may not realize or recognize how important the "sealing" requirement is for you and the language regarding sealing should be incorporated into your agreement; I would think?
You are represented by legal counsel. I can not and never give legal advice unless a client has retained me. I can simply make a few suggestions and if someone follows them fine but if they choose not to that's OK too.
You should not have several attorneys advising you at the same time because an attorney such as myself has no knowledge regarding the facts of your case, the specifics of settlement negotiations, or the filed lawsuit.
Courts "generally" frown on "sealed" anything unless there is some type of safety concern or some other extremely compelling good cause for preventing public access to court proceedings which are supposed to help everyone understand how the system works.
Usually, it's the employer who wants information to remain private. Do not post any specific facts on this public forum.
Schedule a personal conference with your current lawyers. If that does not resolve the issue then schedule some conferences with other potential lawyers who you might consider substituting for your current lawyers. In the worst case scenario contact the Office of Attorney Regulation. Remember that if the judge is overseeing settlement and you jump to Attorney Regulation without informing your own lawyers about the problem you may have a notice problem since Attorney Regulation is likely to ask you that very same question.
posted Jan 25, 2016 11:41 AM [EST]
You have reached a number which in and of itself is a great first step. If you decide to fire your current attorneys (which is always an option) you may still owe them attorney fees for the work they have done and you may wish to consult with other attorneys in your area regarding whether they would be willing to substitute counsel and how much that might cost you, etc..... and what they might be able to do for you which your current counsel are not doing.
You might be surprised by how many clients I represent and it is not until months later that I learn facts which they either believed they did not have to or did not want to share with me. I do not know whether that applies in your case but your first step should be to schedule an in-person office conference with your attorneys and share your feelings and concerns with them. You may be surprised at how quickly your issues and concerns resolve themselves.
We are very busy and sometimes one or two clients take up an unbelievable amount of time. That does not mean that these clients do not deserve it but it means that we may believe that a case is resolved, have already moved on, and now a client tells us that they disagree. Your lawyers may not realize or recognize how important the "sealing" requirement is for you and the language regarding sealing should be incorporated into your agreement; I would think?
You are represented by legal counsel. I can not and never give legal advice unless a client has retained me. I can simply make a few suggestions and if someone follows them fine but if they choose not to that's OK too.
You should not have several attorneys advising you at the same time because an attorney such as myself has no knowledge regarding the facts of your case, the specifics of settlement negotiations, or the filed lawsuit.
Courts "generally" frown on "sealed" anything unless there is some type of safety concern or some other extremely compelling good cause for preventing public access to court proceedings which are supposed to help everyone understand how the system works.
Usually, it's the employer who wants information to remain private. Do not post any specific facts on this public forum.
Schedule a personal conference with your current lawyers. If that does not resolve the issue then schedule some conferences with other potential lawyers who you might consider substituting for your current lawyers. In the worst case scenario contact the Office of Attorney Regulation. Remember that if the judge is overseeing settlement and you jump to Attorney Regulation without informing your own lawyers about the problem you may have a notice problem since Attorney Regulation is likely to ask you that very same question.
posted Jan 25, 2016 11:41 AM [EST]
Unfortunately, probably not. Please see attached decision. Although this claimant misrepresented why he refused a job in a new location, the Unemployment Insurance Appeal Board did note that a "ninety minute commute" is a reasonable distance for New York City. Of course, other parts of the state may differ but in the greater metro area many people travel such distances and longer so it is very likely this would be construed against you.
If you had a disabled or special needs child then that might be a mitigating factor but I would not count on it.
I found a decision a while back from western New York which required at least a ninety minute commute each way during inclement, I believe, and the claimant recovered benefits. A major distinction was that that claimant had actually attempted the commute for several weeks or a month before explaining to the employer why such commute was not doable. This gave the employer the option of offering possibly options such as a different location or telecommuting. You have to do everything you can to try to make it work. Otherwise it appears that you are at fault or that you voluntarily left your employment and that's grounds for being denied benefits.
http://www.labor.ny.gov/uiappeal-decisions/573460-appeal-decision.pdf
posted Jan 19, 2016 3:48 PM [EST]
If you had a disabled or special needs child then that might be a mitigating factor but I would not count on it.
I found a decision a while back from western New York which required at least a ninety minute commute each way during inclement, I believe, and the claimant recovered benefits. A major distinction was that that claimant had actually attempted the commute for several weeks or a month before explaining to the employer why such commute was not doable. This gave the employer the option of offering possibly options such as a different location or telecommuting. You have to do everything you can to try to make it work. Otherwise it appears that you are at fault or that you voluntarily left your employment and that's grounds for being denied benefits.
http://www.labor.ny.gov/uiappeal-decisions/573460-appeal-decision.pdf
posted Jan 19, 2016 3:48 PM [EST]