V Jonas Urba
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Answers Posted By V Jonas Urba
Answer to Should I just let them terminate or try to fight it?
Wow. We often counsel employees well before your stage. We gather facts to determine whether there is a discriminatory motive and how it might be proven.Discrimination is not always a reason for treating employees differently. Sometimes it's tenure or experience or slightly different responsibilities. Sometimes the employer is just trying to get an employee's attention to see if they really want the job.
If you quit you probably recover no unemployment. If you try hard and still get fired you should recover unemployment at least in New York. If you are insubordinate you probably will not.
Your writing sounds like you no longer want the job. If that's true why not find a new one while you still have this one? It's easier to move to another job than to get a job after quitting or being fired for doing something you could have avoided. Being fired for trying hard is better than the other options.
You really should lawyer up if you believe discrimination is at play. They dont have to like you but they can't discriminate against you. And when you complain to human resources if it is discrimination then use that word and tell them why but only if you can corroborate that. Sometimes managers use discriminatory language.
If it's not discrimination and they have reasons to fire you they probably will. If it looks like discrimination they might not. You are in the best position to make that assessment.
Discrimination is certainly out there. But it's amazing how some employees raise that issue only after performance becomes an issue. It looks bad when employees wait to allege discrimination.
Probably time to find new work while you still have this job. Good luck!
posted Jan 28, 2020 3:46 PM [EST]
Apparently they have your employment records correct? And presuming those employment records are accurate, where would the false statement be made? Also, if there was false information, they would need to publish it to a 3rd party correct? If the employer is the same then there is no 3rd party.
Most separation or severance agreements state that an employee is paid some amount of money in exchange for never re-applying to that company for future work. This apparently did not happen.
Have you collected unemployment benefits from the last job? Did something happen with a prior supervisor? There are no laws which prohibit companies from not hiring employees who they don't think will be a good fit. Law firms use that term all the time when they say "this lawyer is not a good fit for our firm" which essentially means that a law firm will not hire some applicant lawyer because the law firm believes such applicant will not do exactly what the law firm instructs the lawyer to do, when the law firm instructs the lawyer to do it, and for as many hours each day the law firm wants the lawyer to work 7 days a week.
They can do that as can any employer who employs "at will" employees under several common law doctrines which include Master Servant Doctrine, Faithless Servant Doctrine, and Duty of Loyalty to one's employer, all applicable in New York.
posted Jan 24, 2020 1:33 PM [EST]
Most separation or severance agreements state that an employee is paid some amount of money in exchange for never re-applying to that company for future work. This apparently did not happen.
Have you collected unemployment benefits from the last job? Did something happen with a prior supervisor? There are no laws which prohibit companies from not hiring employees who they don't think will be a good fit. Law firms use that term all the time when they say "this lawyer is not a good fit for our firm" which essentially means that a law firm will not hire some applicant lawyer because the law firm believes such applicant will not do exactly what the law firm instructs the lawyer to do, when the law firm instructs the lawyer to do it, and for as many hours each day the law firm wants the lawyer to work 7 days a week.
They can do that as can any employer who employs "at will" employees under several common law doctrines which include Master Servant Doctrine, Faithless Servant Doctrine, and Duty of Loyalty to one's employer, all applicable in New York.
posted Jan 24, 2020 1:33 PM [EST]
He should timely exhaust all his options to grieve that per the bargaining agreement.
We would charge to review the agreement and/or to represent him. Fees are often at flat rates but those rates depend on the extent and speed at which work needs to be performed.
He has paid union dues. He should probably get an opinion from his union first since that is no charge. If he is not satisfied he should bring all of his paperwork to a private employment lawyer to have them provide a second opinion. Then he can decide which course to take.
posted Jan 16, 2020 2:31 PM [EST]
We would charge to review the agreement and/or to represent him. Fees are often at flat rates but those rates depend on the extent and speed at which work needs to be performed.
He has paid union dues. He should probably get an opinion from his union first since that is no charge. If he is not satisfied he should bring all of his paperwork to a private employment lawyer to have them provide a second opinion. Then he can decide which course to take.
posted Jan 16, 2020 2:31 PM [EST]
I answered a very similar question on this list serve in 2015.
An agreement to reimburse expenses is in most cases part of your wages which falls under the wage supplement definition of New York's Labor Law.
The short answer is 30 days to reimburse expenses unless you fall into an exception. See New York Labor Law section 198(c) I believe.
BTW car swapping sounds like a great gig for those who enjoy driving except for the expenses you need to front of course. Maybe you could negotiate that the dealer reimburses you for credit card interest or fees on your personal credit card which would be expenses if you had your own business with slow pays like you describe. Let them know it costs you more when you have to wait to get paid. Good luck.
posted Jan 14, 2020 06:08 AM [EST]
An agreement to reimburse expenses is in most cases part of your wages which falls under the wage supplement definition of New York's Labor Law.
The short answer is 30 days to reimburse expenses unless you fall into an exception. See New York Labor Law section 198(c) I believe.
BTW car swapping sounds like a great gig for those who enjoy driving except for the expenses you need to front of course. Maybe you could negotiate that the dealer reimburses you for credit card interest or fees on your personal credit card which would be expenses if you had your own business with slow pays like you describe. Let them know it costs you more when you have to wait to get paid. Good luck.
posted Jan 14, 2020 06:08 AM [EST]
You are not the first employee who has taken matters into their own hands. Not usually a great option.
New York State laws give you up to 6 years to collect unpaid wages. That's a long time. You can contact the DOL, file in small claims court and sometimes there viable claims to be made under the FLSA in federal court.
Your employer is sending you a message. Unpaid wages are serious issues for employers and employees; especially in NYC where paying rent by itself can be a herculean effort for many.
If you have no other choice you may have to file for unemployment but in your case it might be better to have the employer resolve this and bring you back which they should.
No employer wants the DOL or a federal court examining tip credits, split shift pay and all the other wage issues which can cost an employer big bucks especially in NYC.
If you show up as scheduled and serve well up front they will want to keep you. Next time you might call some employment lawyers before taking matters into your own hands.
Happy New Year and good luck.
posted Jan 5, 2020 1:19 PM [EST]
New York State laws give you up to 6 years to collect unpaid wages. That's a long time. You can contact the DOL, file in small claims court and sometimes there viable claims to be made under the FLSA in federal court.
Your employer is sending you a message. Unpaid wages are serious issues for employers and employees; especially in NYC where paying rent by itself can be a herculean effort for many.
If you have no other choice you may have to file for unemployment but in your case it might be better to have the employer resolve this and bring you back which they should.
No employer wants the DOL or a federal court examining tip credits, split shift pay and all the other wage issues which can cost an employer big bucks especially in NYC.
If you show up as scheduled and serve well up front they will want to keep you. Next time you might call some employment lawyers before taking matters into your own hands.
Happy New Year and good luck.
posted Jan 5, 2020 1:19 PM [EST]
Answer to Employer refusing to pay/pay on time
It's your husband's decision whether to keep working for an employer who may make this a habit.The Department of Labor NYS is one option. If your husband falls below minimum wage on the check paid part DOL will certainly take notice. His checks need to reflect full pay even though some employers think this clever way to pay is smart. It's not.
He can sue in small claims court. Getting another job might be a better option although he may want to give this employer another shot.
Some employers like to test their employees. How little can they pay him and he still shows up?
Your husband might qualify for unemployment. If he has not been paid and it's not his fault then unemployment should cover him.
There is no law which prevents an employer from paying minimum wage when they promised more up front. Unless the employee has a written contract i.e. $800 a week for the next six months, yr., 2 years or another term signed by employer.
Otherwise he's "at will" employed, can quit or get fired for no reason, and might be better off working elsewhere.
posted Dec 27, 2019 8:01 PM [EST]
Severance pay is usually paid within 30 days after full execution of severance paperwork. Papers usually include a settlement agreement and a general release or a combined document.
In New York, all employees must be given 21 days in which to consider the terms of a severance package or offer and then 7 days to potentially revoke or rescind their acceptance if an employee changes their mind.
Many severance agreements state a time period in which employees will be paid. Re-read the terms of your severance agreement. The time period might be printed in the paperwork you signed. Once the above time periods expire, it's usually a binding contract which either employee or employer may enforce in court if the terms as drafted are followed.
posted Dec 18, 2019 8:09 PM [EST]
In New York, all employees must be given 21 days in which to consider the terms of a severance package or offer and then 7 days to potentially revoke or rescind their acceptance if an employee changes their mind.
Many severance agreements state a time period in which employees will be paid. Re-read the terms of your severance agreement. The time period might be printed in the paperwork you signed. Once the above time periods expire, it's usually a binding contract which either employee or employer may enforce in court if the terms as drafted are followed.
posted Dec 18, 2019 8:09 PM [EST]
You might find Section 195-2.1 of New York's Labor Law helpful.
Your employer may be authorized, possibly mandated, to do so pursuant to California's Labor Laws but verify this either with a California licensed attorney or its DOL.
https://www.labor.ny.gov/formsdocs/wp/cr195.pdf
posted Dec 2, 2019 10:30 AM [EST]
Your employer may be authorized, possibly mandated, to do so pursuant to California's Labor Laws but verify this either with a California licensed attorney or its DOL.
https://www.labor.ny.gov/formsdocs/wp/cr195.pdf
posted Dec 2, 2019 10:30 AM [EST]
Not usually, but if your severance agreement states that you agree not to work for the same employer in the future, which many do, you could lose the new position with no recourse.
posted Nov 21, 2019 7:06 PM [EST]
posted Nov 21, 2019 7:06 PM [EST]
Answer to defamation or slander
Sorry to hear about the workplace injury. When I was young, I was severely injured as a member of the United Steelworkers on the job with a clean break of my humerus, fractured nose, requiring plastic surgery. No fun.Since you are not at work, any rumors heard from 3rd parties are hearsay and not admissible.
Any statements made to you by the employees with whom you communicate may be admissible. Do these employees have the authority to fire you based on false information? If not, why concern yourself with hearsay?
Discuss this with your workers' compensation lawyer immediately. If you don't have one you should since you pay no fees unless they recover benefits for you. They can explain the challenges of pursuing workers compensation retaliation to you. Their advice might save your job. Good luck.
posted Oct 28, 2019 08:25 AM [EST]