Answers Posted By V Jonas Urba

Answer to i have a three year contrac with the state of new jersey dept of consumer affairs i may be getting terminated after 18 months of my 3 year contract am i entittled to anything besides unemployment

You should consult with a New Jersey licensed attorney. Your post appeared under NY lawyers.

posted Nov 30, 2015 2:31 PM [EST]

Answer to What if I settled in an employment dispute and the employer wrote the check to me, and I wrote a check to the attorney for fees. Do I need to issue a 1099 to the attorney in that case since I will be claiming a deduction?

If you ran a business you might to make sure the IRS does not come after you for a service provider you hired and paid. However, medical, legal, and accounting services are completed by licensed / registered professionals and we are subject to disciplinary action if we fail to pay taxes. Follow your own lawyer's advice. Since the check was paid solely to you there appears to be mutual trust in doing so regardless.

posted Nov 10, 2015 1:30 PM [EST]

Answer to Can employer withhold vacation pay for only giving two weeks notice??

Probably worth negotiating versus fighting. Have they allowed others to be paid with less than 4 weeks notice. If yes have you asked for names or reasons why. Have you suggested they pay you half the vacation due since you did give notice but half their required advance? Good luck.

posted Oct 9, 2015 4:28 PM [EST]

Answer to can an employer suspend an employee for mistakes

Is suspension not disciplinary action?

Are you a member of a union protected by a collective bargaining agreement? Since you are salaried that is not likely.

Are you a government employee / civil servant, with statutory protections afforded civil servants?

Do you have a written contract of employment which prohibits your suspension?

If your answer to each of the above is no then you are most likely an at-will employee. No reason need be given in New York to fire any "at will" employee unless you are a member of a protected class and other employees who have done similar things are or have been treated more favorably than you. Have you been discriminated against due to age, race, religion, color, disability, etc.... when this new policy was enforced?

If your answer is still no then it is probably a good thing that you are still employed.

Personal observations regarding New York employment policies and rules. Sometimes rules are not followed at all. Sometimes rules are followed by very few employees, including supervisors. However, when something bad or close to bad happens and the employer begins following a new rule or one that has almost never been followed so long as every employee is treated consistently and similarly from that point in time the employer may uniformly and non-discriminatorily enforce its rule or rules.

Never quit, seek new employment privately before you are terminated if you suspect they might do so the next time or follow an employer's rules, and provide whatever notice is customarily provided if a new employer wants to bring you on board and you are not violating any non-compete or non-solicitation by doing so. Good luck.

posted Oct 6, 2015 10:52 AM [EST]

Answer to EMPLOYER REIMBURSEMENT OF EXPENSES--NY

Not timely? Not within 30 days of submission? Maybe ask your payroll dept. (whoever is responsible for reimbursement to acknowledge receipt at the time you deliver your next request for reimbursement). If you are not exempt as per paragraph 3 below they get 30 days to pay. See:

Section 198c of the New York State Labor Law
Section 198c. Benefits or wage supplements.

1. In addition to any other penalty or punishment otherwise prescribed by law, any employer who is party to an agreement to pay or provide benefits or wage supplements to employees or to a third party or fund for the benefit of employees and who fails, neglects or refuses to pay the amount or amounts necessary to provide such benefits or furnish such supplements within thirty days after such payments are required to be
made, shall be guilty of a misdemeanor, and upon conviction shall be punished as provided in section on hundred ninety-eight-a of this article. Where such employer is a corporation, the president, secretary, treasurer or officers exercising corresponding
functions shall each be guilty of a misdemeanor.

2. As used in this section, the term “benefits or wage supplements” includes, but is not limited to, reimbursement for expenses; health, welfare and retirement benefits; and vacation, separation or holiday pay.

3. This section shall not apply to any person in a bona fide executive, administrative, or professional capacity whose earnings are in excess of nine hundred dollars a week.

posted Oct 5, 2015 2:20 PM [EST]

Answer to Can I be terminated for filling out a company requested medical form?

What does your collective bargaining agreement say about on the job injuries?

An on the job injury is a workers compensation claim. If you do not have a workers compensation claim attorney yet then this is just one reason to hire one immediately!

"The videos didn't really seem as they showed anything" seems to indicate that you participated in some type of proceeding or hearing. Were you represented by counsel?

Your legal representative (union or private pay) should advise you regarding your CBA duties and rights.

Most CBAs require you to exhaust administrative remedies. That means timely requesting dispute resolution including hearings and arbitration.

If you have already been terminated then you know that you can be terminated. Whether the actual decision or recommended action to terminate stands will depend on how well your legal counsel defended you.

Arbitration is often the last resort when termination is recommended. If you are facing such final action retain counsel immediately! Good luck.

posted Sep 18, 2015 2:35 PM [EST]

Answer to I have been with my company for 23 years and have written policy and there was a presedensce of former employees receiving severance. Our policy states that we receive one weeks pay for each year work if I retire, quit with at least 2 week notice, laid of

By contract you mean the union collective bargaining agreement I presume. Those agreements are enforceable contracts. You should consult with an employment law lawyer to advise you regarding worst case scenarios of how to enforce such contracts if the terms changed without notice to members.

You especially need skilled counsel because, unless the union or management are willing to put your current severance terms (if any) in writing, the only way to find out might be to give your 2 week notice. If you are almost ready to retire or ready you may ask your union rep whether you can file a conditional notice of retirement. Something like "here's my 2 week notice but it's only valid if I receive the 1 week for every year of service severance payout." Then if they say "no" grieve it the way you would any other grievance since you still have or should have your job.

Sit down with a skilled employment lawyer before you try anything like that to make sure the language of your bargaining agreement does not backfire on you. Good luck. Interesting question. Many non-union employers have these types of unwritten severance policies but those are often negotiable for more. Your agreement, if it states what you believe it does and has not been lawfully modified (unions can renegotiate many/most terms for members) may entitle you to the terms you believe?

posted Aug 20, 2015 5:41 PM [EST]

Answer to My employer granted me paid maternity leave for my 1st child, is he allowed to not give me a paid maternity leave for my 2nd

Did he give you the 1st paid maternity leave as a bonus or because his policies and procedures or your contract of employment requires him to give it to you?

Are other pregnant employees being paid maternity leave while you are being denied it?

Take your employee handbook, e-mails, and other correspondence to an employment law attorney and ask them to review and advise you.

posted Aug 14, 2015 11:56 AM [EST]

Answer to I am a full time employee for a non for profit agency . I was placed at an agency office and was receiving a holiday schedule. Without notice I was transferred to a shelter setting and my holiday schedule was revoked without written notice. Is that legal?

If you have no written contract of employment, are not a member of a collective bargaining unit protected by contract (union agreement), and are not a government employee then you are almost certainly an "at will" employee. At will employee terms and conditions of employment may be amended at any time. Assuming that you are an at will employee you can resign at any time or you can ratify the amended terms and conditions of your employment by accepting them and continuing to work for the same employer. Barring any of the above potential protections, yes.

posted Aug 12, 2015 08:38 AM [EST]

Answer to new York in on fmla for stress & anxiety with intermittent leaves where I have flare up, outburst, and erratic behavior. when I went to work as a Forman getting my work duties the previous supervisor stated that a co work on my shift was out yesterday and

What is your question? FMLA allows some employees up to 12 weeks unpaid leave per yr. Employers can require you to use your accrued leave. If you are a union member speak with your steward or HR or refer to your collective bargaining agreement to see whether you have better coverage such as short term disability benefits, etc....

posted Jul 27, 2015 04:29 AM [EST]