Answers Posted By V Jonas Urba

Answer to My daughter was just terminated from her position at a non-profit organization. She has been there for 12 years. She was offered a very small severance package ($7000) .Verbally she was offered a lesser position at the agency with a $10,000 a year pay cut

Before your daughter signs anything she should consult with an employment lawyer. There is much to discuss. Best.

posted Sep 27, 2019 02:17 AM [EST]

Answer to I work for a hospital my hrs are 8am- 4pm . I'm doing a mantatory system change from 8am-3pm and there taking a hr of my PTO to make up the extra hr. Legally is this right

Are you a union member? If so what does the contract say?

Do you have a private employment contract? If so what does it say?

If you are not sure consult with an employment lawyer. If they need to review documents there may be a fee because no reasonable lawyer normally provides advice based on a written instrumemt and then be potentially sued if the analysis of that written instrument was incorrect for free. Makes sense?

posted Sep 19, 2019 06:25 AM [EST]

Answer to So I've been sending my resume ALL OVER!primarily looking for stay at home jobs. So I'm approached by 3 separate companies promising me upfront money to create a mini office in my home equipped with laptop and a score of equipment and software. They went

There are many scams out there. Most want you to sign contracts or give them money or goods. Don't do it without having a skilled lawyer review any contract first.

If you leave a good job or move and incur expenses relying on false promises which the fraudster knew you would rely upon and you can prove detrimental reliance damages maybe. If all of the above were true and you won how would you collect? And how much money is it worth to you to pursue the above?

posted Sep 17, 2019 02:17 AM [EST]

Answer to I live in NY, and I was offered a generous severance package, however the company is in bad financial shape. I was part of a group layoff and I am over 40 years old, and have 45 days to sign and 7 days to revoke. Should I wait 30 days to sign it and get t

Do you have sufficient earnings in 2 of the last 4 full quarters to qualify for UIBs? If so unemployment may not be a concern.

Bankruptcy could be. Why not have employment lawyers review the agreement and advise you appropriately? We often do so remotely and are happy to discuss costs, possible benefits, other reasons to do so.

The company might carry liability insurance if discrimination is occurring. What reason would a bankrupt or going bankrupt company have to offer you anything? Even if a contract required it?

Call employment lawyers, us, get legal advice you can rely on. This is not that only suggestions.

posted Sep 15, 2019 08:08 AM [EST]

Answer to My work schedule is 39.5 hours per week . I work 9.5 hours a day for 4 days a week . I had acruded 40 hours vacation time. when I took my vacation I was only paid for 32 hours as my boss said I can only be paid 8 hrs per day causing me to lose 7.5 hours o

An employment lawyer should review your employee handbook along with any amendments or changes which were made, which most employers reserve the right to do at any time.

posted Sep 11, 2019 1:34 PM [EST]

Answer to Are employers held accountable for repeated over payment of wages to employees?

You admit that you had advance notice that overpayment practices existed?

It also sounds like your paychecks were direct deposited. Did you inform your bank to stop accepting the direct deposits?

You could pay them back what they deposited into your account and then wait to see whether they sue you to recover the taxes on your behalf? You should consult a tax lawyer before doing that however since you were aware of their history and pay practices.

You also seem to be aware of your general duty to return overpayments.

You can always run for political office if you have a desire to change laws to mandate corporate responsibility?

posted Aug 30, 2019 02:57 AM [EST]

Answer to if i can be fired for not working mandatory ot can i take vacation time on the over time day

You have common law duties to your employer. They include Master Servant Doctrine, Faithless Servant Doctrine, and Duty of Loyalty to the employer.

"At will" employees can quit or be fired for absolutely no reason.

Not reporting for work is called abandonment of position. Usually that is tied to insubordination which is not performing as instructed.

The above 2 usually also result in a denial of unemployment benefits. Hopefully this clears up any misunderstandings and might suggest finding a new job before bad things will probably occur at this employer.

posted Aug 15, 2019 05:19 AM [EST]

Answer to my employer gave me a non-compete to sign and they want it back in 3 days. Is that legal and what is the average or range?

Tell them you don't understand legal terms and if you sign it without paying a lawyer to review it you might be bound by it. You want to fully understand it before you sign it.

Lawyers will review those for you remotely. For example you call first, discuss briefly, and ask how much it might cost for an experienced employment lawyer to make suggestions. You can pay and retain lawyers for such reviews anywhere in New York State as many of us handle the entire state. You pay online scan the PDF file and receive an opinion often with case law of similar industries and what might be legal in NYS.

posted Aug 14, 2019 08:52 AM [EST]

Answer to How can I get compensated for vacation days that were held back from me?

If there is some argument that a contract gives you that right.

Phone consultations are usually free. But when we begin reviewing documents like employee handbooks and offer letters of employment we charge. And there's good reason for doing so. Many of our potential clients and even clients are people we never meet in person. In today's legal world we conduct conferences, receive payments, and even represent clients long distance and on line. Good luck.

No law even requires an employer to pay for FMLA leave unless they fail to do so in a discriminatory manner.

Of course none of the above is legal advice.

posted Aug 14, 2019 05:14 AM [EST]

Answer to I signed a severance General Release when I was terminated from my employer. I then rescinded my signature before the 7 day grace period was up and then changed my mind and reinstated my original signature for the agreement within 5 minutes via e-mail to

Most employers will honor the agreement because it makes sense to do so. However, if you were not represented by legal counsel and the employer has some type of evidence against you or the employer changed its mind after you rescinded the agreement then you simply begin negotiations from the start.

Hopefully this is indicative of why retaining a lawyer to review these agreements is imperative for all. E-mails confirming settlements can be enforced in New York. But assuming there is no e-mail after you rescinded that the employer's offer was still good you are probably now back to square 1.

Of course NO LAWYER can provide an opinion to anyone without actually reviewing the exact document (which of course would be for a set fee) and getting the salient facts. Employment law is all about facts and all about timing. In fact, I think one of my next Employment Law Reality Check videos is probably going to be about why employment law will never be simple no matter how much information is on Google. Best.

posted Aug 9, 2019 09:25 AM [EST]