Answers Posted By V Jonas Urba

Answer to For 19 years I have worked at a company that has offered, under contract a severance package of x months severance for y years. We are facing a reorg next week and today they issued a severance package that is 1/2 of what was previously offered. What are

There is no requirement for any company to provide severance pay or benefits aside from the option to continue COBRA and whatever if any vested retirement you have earned.

Companies that do offer severance can change or modify it at any time.

You will almost certainly have to waive some rights before you receive any payment. It is highly recommended that you pay a labor and employment lawyer to review those documents before you sign them. Skilled labor and employment lawyers can often, not always, recover a better package for you and you will/should not pay a percentage on the amount you would have received without your lawyer's help. So if there is nothing else to gain you pay the fee for the review and if the lawyer believes more may be due you pay a percentage of only the extra amount your skilled labor and employment lawyer negotiated for you.

posted Jan 16, 2016 09:03 AM [EST]

Answer to If the company closes down is the non compete valid?

If you signed the non-compete with an entity which no longer exists then who will enforce the non-compete if it is breached?

However, if the company was acquired or swallowed by another, larger fish, then it's best to have your specific facts and agreement reviewed by a labor and employment lawyer.

posted Jan 13, 2016 06:12 AM [EST]

Answer to Can an employer choose when to give you the money you earned for PTO?

New York's Department of Labor posts answers to frequently asked questions. Do you have a written contract or policy which promises such pay? Even if you do, employers often give themselves the power to alter or amend such policies from time to time. It's not unusual to see carve-outs when employees quit or resign. Have you given your employer any reason to suspect that might be you?

http://labor.ny.gov/workerprotection/laborstandards/faq.shtm#9

Q: Must an employer pay workers for holidays, sick time and/or vacations?

A: Under the New York State Labor Law, payment for time not actually worked is not required unless the employer has established a policy to grant such pay. Holidays, sick time and/or vacations fall under 'time not worked.' When an employer does decide to create a benefit policy, that employer is free to impose any conditions they choose. Fringe benefits may include:
.
• Reimbursement of expenses or tuition
• Health coverage
• Payment for - Sick time - Vacation - Personal leave - Holidays

posted Dec 27, 2015 3:32 PM [EST]

Answer to Can an employer force an employee to take vacation, whether or not they have the vacation time accrued, because the company shuts down between Christmas and New Years?

Unless your written contract of employment or union collective bargaining agreement provides you with a contractual right to "accrue" vacation I am not aware of any federal or state laws which require any employer to allow any employee to take vacation at any time. If the employer has fewer than 50 employees there is no requirement to permit sick leave under the FMLA either.

Many employers shut down at various times of the year and New York requires you to be unemployed for at least 1 week before claiming unemployment benefits.

My brother shuts his business down for 2 months every winter and has been doing that for decades. No law requires him to pay his employees during that time or to allow them to take vacations during any other times. Employment at will means either side is free to terminate employment at any time with or without cause.

posted Dec 23, 2015 11:20 AM [EST]

Answer to I worked in homecare, the client is now deceased. Prior, i wanted to leave for another job but my employer asked me to stay on. He died in September and i was given a bonus and later applied for unemployment but unemployment do not want to pay me. We are

"Homecare" is not a specific occupation. However, New York's Domestic Workers Bill of Rights, according to our Department of Labor, states:

Insurance Coverage
You may also be covered by unemployment insurance (UI). If your employer pays a total of $500 or more in quarterly wages, he or she must register and pay the contributions for UI coverage for you. It does not come out of your pay. This means that if you lose your job through no fault of your own, you may be eligible to receive payments to replace part of your income while you look for a new job. To find out more about UI and what it means to you, go to the Department of Labor’s UI web page. Please note that unlike the other legal protections described here, UI is only available to workers who are legally authorized to work in the United States.

Assuming that you are legally authorized to work in the U.S. and assuming that your employer paid you a total of $500 or more in quarterly wages you should recover benefits. Bring proof of your legal status to work here (U.S. or other passport, NYS ID card, green card, I-9, etc....) and cancelled checks, bank deposit statements, or estimated tax payments to IRS which clearly reflect that you earned at least $500 or more every quarter from the deceased to the judge. Bring originals and 2 copies of all the documents to the hearing. Do NOT miss any hearing date because you generally only get two chances to show up for a hearing.

posted Dec 17, 2015 2:20 PM [EST]

Answer to Is it discrimination if a mgr makes 1 sales person come to the office while others work from home.

Maybe. Are you a member of a protected class of persons? For example if you are over 40 (i.e. 60 years of age) and all the other sales persons are under 40 your manager's policy may create a disparate impact against older sales persons and, without a legitimate business purpose, would be unlawful. This analysis could apply to many other classes of employees including minorities, pregnant women, gender-based, etc.....

Following is a link to a pdf published by the New York Department of Labor which explains the terms and conditions which the DOL will require for all commissioned sales persons working within our state. If this surprises you then a call to the DOL might be a good place to launch a grievance.

https://labor.ny.gov/legal/counsel/pdf/payment-of-commissions-frequently-asked-questions.pdf

posted Dec 15, 2015 12:51 PM [EST]

Answer to Denial of severance due to needs of business?

No state or federal law requires severance pay.

Most severance agreements require the employee to keep the terms confidential. It is not common for a court to examine or permit the disclosure of contracts which an employer and employee make incorporating confidentiality.

If your son agrees to stay until March he should negotiate the best package he can and get it in writing.

In today's job market no one should resign without first having lined up a new job with a specific term of employment (a year or longer) in writing and signed by employee and future employee.

posted Dec 4, 2015 3:45 PM [EST]

Answer to I am a salaried employee and work 45+ hours per week. I am required to work one Saturday (5 hours).v

Assuming you work for an employer with at least 50 employees within 75 miles of your location (you are entitled to take FMLA leave without being penalized), according the the U.S. DOL wage and hour division:

When an employee seeks leave for a FMLA qualifying reason for the first time, the employee need not expressly assert FMLA rights or even mention the FMLA. If an employee later requests additional leave for the same qualifying condition, the employee must specifically reference either the qualifying reason for leave or the need for FMLA leave.

Covered employers must:
(1) Post a notice explaining rights and responsibilities under the FMLA (and may be subject to a civil money penalty of up to $110 for willful failure to post);
(2) Include information about the FMLA in their employee handbooks or provide information to new employees upon hire;
(3) When an employee requests FMLA leave or the employer acquires knowledge that leave may be for a FMLA
-qualifying reason, provide the employee with notice concerning his or her eligibility for FMLA leave and his or her rights and responsibilities under the FMLA; and
(4) Notify employees whether leave is designated as FMLA leave and the amount of leave that will be deducted from the employee’s FMLA entitlement.

Employer Notice Requirements under the FMLA
CERTIFICATION When an employee requests FMLA leave due to his or her own serious health condition or a covered family member’s serio us health condition, the employer may require certification in support of the leave from a health care provider. An employer may also require second or third medical opinions (at the
employer’s expense) and periodic re-certification of a serious health condition.
:
Certification of a Serious Health Condition under the FMLA. For information on certification requirements for military family leave,

JOB RESTORATION AND HEALTH BENEFITS
Upon return from FMLA leave, an employee must be restored to his or her original job or to an equivalent job with equivalent pay, benefits, and other terms and conditions of employment. An
employee’s use of FMLA leave cannot be counted against the employee under a “no fault” attendance policy. Employers are also required to continue group health insurance coverage for an employee on FMLA leave under the same terms and conditions as if the employee had not taken leave.

FYI - you might consider consulting with a lawyer knowledgeable of the FLSA regarding whether your salaried position is lawfully salaried depending on your responsibilities, control, etc... It's not uncommon to discover a salaried employee who should have been paid hourly plus overtime. Of course that depends on the specific facts which you should not post on a public forum.

posted Dec 2, 2015 5:36 PM [EST]

Answer to Litigation Remedies for separating employee without non-compete (New York)

Did the sales rep breach any type of contract? Verbal contracts are still contracts although they are generally more difficult to prove and some are unenforceable.

Misappropriating trade secrets is not the same as asking, urging, or requesting former clients to follow a sales rep, commonly known as soliciting business or clients.

A trade secret is a formula, pattern, device or compilation of information used in a business which would give a sales rep an opportunity for advantage over competitors. If the new employer or other businesses in that sales rep's industry would not have discovered a formula, pattern, device or compilation of information but for the sales reps' disclosure that might be actionable and would depend on the specific facts and the specific industry?

One factor that might overcome the sales rep's motion to dismiss or motion for summary judgment might be the sales rep's new compensation package. Let's assume the sales rep's new compensation is twice what their old compensation was and they are relatively inexperienced in their industry. Did they breach some duty or duties to their former employer to instantly double their compensation?

In federal court, Rule 11(b) and (c) address pursuing matters for any improper purpose or frivolously or without evidentiary support. There are provisions to serve Motions for Sanctions in limited circumstances but such orders are not common and not frequently granted.

posted Dec 2, 2015 10:15 AM [EST]

Answer to Have been working as a Dental Assistant for the past 28 years with the same doctor, I'm the only employee. My boss decided to retire within the past couple of months and told me that he would like me to stay until the end of the year, but now the papers a

You are an "at will" employee without a specified term contract, no union, and non-governmental or civil service protection.

You should be eligible for unemployment benefits for up to 6 months so long as you file and comply with DOL's requirements.

In the event that your employer provided benefits (i.e. health insurance, retirement, .....) you have the right to either continue or transfer them to other providers. Many dentists sell their practices so maybe the dentist would recommend your continued services to enhance a smooth transition for a new owner or investor at least temporarily?

Your question was cut off at; "But now the papers A....." so unable to address which papers you are referring to.

posted Dec 1, 2015 12:32 PM [EST]