V Jonas Urba
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Answers Posted By V Jonas Urba
Answer to In response to the answer of my first question
You have no standing to challenge others unemployment.The DOL has no authority to treat anyone differently fortunately and they won't.
If you were not paid for greater than 30 days you should recover. Otherwise you wait until you qualify.
New York State's DOL is great! They want everyone to collect. But if the law says they can not approve your claim they will, thankfully, follow the law.
posted May 2, 2019 11:04 AM [EST]
Answer to I did not receive unepmloyment because of my severance package. Other is my compa ny did do I have
Apply for unemployment and disclose all earnings to DOL. If you received no earnings for 30 days after your severance date you would have recovered unemployment.Maybe they were not paid for more than 30 days or maybe their employment lawyers told them that waiting on receipt of severance pay would benefit them for unemployment?
Based on your prior earnings your severance pay will be spread over the amount of time it would have taken you to earn the amount of severance pay. Although you pay taxes on it, it's not wages for unemployment purposes. Once that period expires, if you still have enough earnings going back in 2 quarters of the last 4 full quarters you might qualify. But if your severance was equal to more than 6 months pay you might not??? Call DOL to crunch the numbers and begin certifying if you qualify?
posted May 2, 2019 10:26 AM [EST]
Answer to I was fired after 2 weeks because I am slow
Your learning disability might be covered under the Americans with Disabilities Act. Under that act, employers with 15 or more employees must provide you with a reasonable accommodation which does not create an undue hardship for the employer.However, no employer can presume or assume that someone has a disability. Did you inform them of your disability and ask for some type of accommodation? Such as more time to perform your job? How would the employer know that you have a disability if you possibly did not tell them? Consult with employment lawyers.
posted Apr 28, 2019 4:36 PM [EST]
Answer to how do I find a severance payout statement from 15 years ago?
If neither your lawyer nor the employer nor its insurance carrier (if it was covered) have it then chances are you won't.posted Apr 24, 2019 04:35 AM [EST]
Answer to Reimbursement for out of pocket expenses, after leaving job.
File a small claims action in New York where your employer was located?posted Apr 23, 2019 10:20 AM [EST]
Answer to How do I lay-off a part-time employee / health safety concerns?
If you offer her severance make sure that she signs a general release. You really should consult with and retain an employment lawyer for this. Many of us help clients similar to your situation, remotely, around the state. Electronic technology is awesome in that regard. Good luck.posted Apr 17, 2019 06:26 AM [EST]
Answer to how much reasonable notice should be given to this 3 year employee?
Insufficient information. What do employer policies say? On what basis would not competing be upheld? Ask an employment lawyer to review restrictions.posted Apr 1, 2019 4:10 PM [EST]
Answer to Can I sgn in for the time I was contacted to report to work for OT?Do I sign in for when I show up?
No. Sign in for the accurate time you reported to work and for the actual hours your worked. That applies to everyone regardless of position. An employer can pay you more but they do not have to.posted Mar 25, 2019 09:26 AM [EST]
Is the employer breaking an employment contract? Either a collective agreement like a union contract or a private employee term agreement?
If not, does the employee suffer with any disability which requires daytime hours?
"At will" employees who enjoy no civil service job or employment contract protection are free to leave and the employer is free to let them go.
Unemployment benefits are a challenge when quitting and require good cause. Not sure that the facts you gave would support quitting. Call some employment lawyers to explore the facts more.
posted Mar 14, 2019 07:53 AM [EST]
If not, does the employee suffer with any disability which requires daytime hours?
"At will" employees who enjoy no civil service job or employment contract protection are free to leave and the employer is free to let them go.
Unemployment benefits are a challenge when quitting and require good cause. Not sure that the facts you gave would support quitting. Call some employment lawyers to explore the facts more.
posted Mar 14, 2019 07:53 AM [EST]
Answer to My job refuses to make me permanent and keeps switching my role
Were you discriminated?Did you suffer an on the job accident or illness? If so did you retain a workers compensation lawyer and notify your employer?
Non-union, non-government, no employment contract often means "at will". No employer has to like any employee. But discrimination can play no role in getting or keeping a job. The employee bears the burden of proof.
Maybe call a work comp lawyer first. Then if there has been discrimination call some employment lawyers. "Employment laws are not a civility code" but New York City will not tolerate discrimination IF that is going on?
posted Mar 14, 2019 07:40 AM [EST]