Answers Posted By V Jonas Urba

Answer to is it legal to ask an employee what he was doing after he left work ny

If what you did can reflect badly on your employer it may not matter. If you are "at will" which most employees are you will simply be looking for a new job. There are no laws that say you can't. Unless, of course, you did something legal such as go to a gay bar which would make taking action against you discriminatory because such action would appear to be motivated because of sex which would violate federal, state and some local hiring and firing discriminatory prohibitions.

posted Jul 29, 2019 07:33 AM [EST]

Answer to In my company handbook it states we frequently post open positions. I have been with the company foe almost 4 years. There is someone who was promoted 2 times-they did not post the job opening and give anyone who is qualified the opportunity to apply for

If you work for the government probably. If you work private sector they can hire all their family members as long as there
is no discrimination that you could prove.

posted Jul 27, 2019 11:03 AM [EST]

Answer to I have a non compete in NJ and I was wondering if I am hired by a Hong Kong company that would be direct competition to the company I work for. Do you think the company can still sue me since I am hired by a Hong Kong LTD

No one will be able to answer your question without reading your NDA / non-compete.

What you exactly do makes all the difference in the world. There are people who are so extraordinary that their services are super unique no matter where they go.

Call New Jersey lawyers if the venue you agreed to was in New Jersey because a federal court in NJ may exercise jurisdiction no matter where you go if you agreed to them doing so?

posted Jul 17, 2019 2:42 PM [EST]

Answer to I live in new york and I work for the biggest environmental job agency. I have a serious illness so i used my fmla. Without notice they not only lowp me but they awoled me as well. Can they do that within the guidelines of my FMLA & the ada?

I don't know what the biggest environmental job agency is. If you work for the federal government call felicia nestor, esq. who represents federal employees. Otherwise call employment lawyers to discuss.

An employer can use legitimate nondiscriminatory reasons to take adverse actions against employees. No federal law protects an employee if the employer has such a reason unless:

You are a government employee. In that case you do have additional protection. Additional rules and regulations apply. Your situation becomes much more complicated; especially if you are also covered by a union contract. Call lawyers now to discuss.

posted Jul 14, 2019 1:05 PM [EST]

Answer to Can a old employer owe me maternity leave pay that i never recieved

The statute of limitations in New York State for unpaid wages is 6 years.

Why not call them and ask them? If you are owed money you should collect it with interest hopefully. If you are asked to sign something in exchange for getting the owed money you should pay an employment lawyer to review that document just in case you might be waiving a claim you did not know you had worth more?

posted Jun 3, 2019 04:40 AM [EST]

Answer to I was falsely accused and now I am constantly being harassed about it. What can I/my employer do?

Keep a notebook about what others are saying about you. When you get off your shift record the approximate times, witnesses and the exact statements that were made. Do not report anything unless it becomes severe or pervasive. Usually things that happen over and over again and you can identify dates and times in recent past. Not being nice is not illegal. Being discriminatory is.

If you are physically threatened either at work or off work you can go to the police and ask for an order of protection. I have seen employees in New York lose their jobs for threats at work which police and judges took very seriously. Those orders are not just for domestic issues.

Report ALL offensive conduct by others if severe or pervasive (keeps happening over and over). Whether based on race, sex, national origin etc... remember that no one can be retaliated against for reporting something they believed was inappropriate or discriminatory to them or others.

If this complaining employee is thinking of leaving for another job or wants your job DO NOT retaliate. Go through the proper channels. If no HR then report to your supervisor or owner if severe or pervasive.

Don't make yourself the business' problem. That's the problem with hiring family members which many New York businesses like to do. They become or make themselves domestic dispute employers because whatever issues the family might (there might be an agenda that these 2 family members have which you do not know about) have become the issues of the business. No separation.

Seek out the advice of an employment lawyer. Possibly look for another job. Quitting is usually not recommended. And filing a stress claim under workers compensation should not be done until you have consulted with and hired a workers compensation lawyer. Make sure you lawyer up before filing any workers compensation claim if you attempt to do so. Those are not simple or easy to do. Good luck!

posted May 27, 2019 06:28 AM [EST]

Answer to My friend accepted a job, and now that she left her previous one, the job has changed.I feel like this may be quite illegal, but I don't know what advice I can give her. Is it? Is there anything she can do?

That is not unusual. It does happen. With no union or written employment contract an employer can change job descriptions and rates of pay. Training does not necessarily have to be paid for. She should pay an employment lawyer for a consultation to review all documents and paperwork to see if anything illegal happened. Misleading is often ok. Illegal such as breaking a contract is not. If she signed agreements she definitely needs to pay for a consultation.

posted May 22, 2019 03:12 AM [EST]

Answer to I have been offered my first psychotherapist fee for service position in a private practice in New York City. They require that I sign a contract that includes a non-compete clauses. Do you have any advice over things I should be wary of?

Please pay an employment lawyer to review the agreement. The cost of not doing so can be substantial. We review those agreements statewide and people pay on line then discuss thereafter. Those are very important agreements. You are wise to be paying attention.

posted May 17, 2019 10:47 AM [EST]

Answer to If I am scheduled to work until 6pm is my boss allowed to make me stay later than that even though it is written down on the schedule that I am out at 6 without any warning ahead of time?

They can change your schedule last minute. You must be paid for all regular hours, split shift, and overtime hours.

If you suffer with a disability or need FMLA time off then arrange with your doctor as to what a reasonable accommodation might be. FMLA covers serious health conditions of you and those close to you.

Call employment lawyers for more suggestions because insubordination can result in job loss and denial of unemployment benefits.

posted May 16, 2019 02:30 AM [EST]

Answer to I recently resigned from a police department job. The department, a month later, signed their new contract (they had been without a contract for 10 years) and states that because i resigned a month before the contract was ratified, I am not entitled to an

With or without a contract you are entitled to be paid for all hours worked. Regular hours and overtime.

Your employer is the village town municipality city or county. Not the union.

You enforce wage and hour claims either in state or federal court. Your union contract may have procedures and can enhance your pay rate but no contract can deny you all regular and overtime pay.

The beauty about New York is that you can go back up to 6 years to collect. And if you win your lawyer is paid by your former employer. Yep they pay your legal fees plus possible liquidated damages if you win. So start calling some employment lawyers on Monday. We love those cases!

posted May 12, 2019 6:05 PM [EST]