V Jonas Urba
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Answers Posted By V Jonas Urba
Answer to Can I use vacation and personal time that is unrelated to my FMLA within the same 12 month period?
Wow.No one can interfere with FMLA. The employer usually pays employees for that time if the employee has accrued enough leave according to the employer's policies. Those policies are usually not contracts and can often change at any time.
Your vacation is a different story. The employer can grant or deny such a request. If the employer suspects that an employee plans to quit or leave dont be surprised if those policies all of a sudden change; for everyone, possibly because of your plan, no matter how harmless it might be.
Take your FMLA. Be careful about the rest. If you have no contract, dont work for the government and are "at will" your employer needs absolutely no reason to fire you. It might wait 6 months, or maybe not, after you return from FMLA, but it needs no reason to fire at will employees. Many are shocked to learn that.
This is the most frequent question I am asked. And any employment lawyer will agree. No employee is as invincible as many think they are. The days of working 10, 20, or 30 years for a single employer are quickly vanishing and unlikely to come back. YouTube "employment law reality check".
posted Feb 10, 2019 08:06 AM [EST]
Answer to Can I get short term disability benefits from 2 separate employers in NY state ?
Maybe. A lawyer should review the policies, the applicant's income history, benefits, and the applicant needs to apply truthfully. Without documents that's all we can say. Insurance fraud is potentially a very very serious matter FYI.posted Jan 4, 2019 1:29 PM [EST]
Answer to Unsolicited Reference
It looks like you are asking a question about a possible tort committed by an employer situated in Wisconsin. Since the alleged tortious activity occurred in Wisconsin a lawyer licensed in that state should respond to your inquiry.Remember that for libel or slander a false statement must be published to a third party and such third party must believe such false statement to be true, rely on such falsity, with resultant damages to you; the slandered or libeled party whose reputation is damaged. It appears that your current employer does not believe the statements whether true or false, which have caused you no loss or damages; hence what would the purpose of a potential cause of action be?
Damages is generally a key component of any legal action and you allege none.
posted Dec 18, 2018 2:33 PM [EST]
Answer to Can I use my fmla to refuse mandatory overtime ?
Review your union contract and the FMLA language. The facts or scenario you describe is unlikely to qualify especially since any of us could have a medical emergency and none of us would ever go to work were we to consider everything that could possibly happen to us.Discuss your concerns with human resources. You do not want to lose your job. If you work in public service then all the other persons out there with elderly parents deserve your attention as much as your mother does. Good luck. Don't lose your job for possible insubordination.
posted Dec 17, 2018 03:33 AM [EST]
Answer to Can a non-exempt employee delegate work to an unpaid intern?
Your employer directs your work. The question is not whether you are being denied work. The question to your employer should be whether you have any personal liability exposure for violating minimum wage laws should the interm be deemed an employer entitled to earn minimum wages. I would inquire regarding what types of tasks the unpaid intern is permitted to perform to make sure they are truly an intern learning some trade or meaningful work. The analysis is complicated and depends on specifically what they do and what they are actually learning. Cover yourself. Wage and hour laws subject you to potential personal liability. Seek legal counsel.posted Dec 14, 2018 2:18 PM [EST]
Answer to Can an employer close the company on holidays and force you to use personal time
The employer can change its policies so long as it applies the new policy uniformly. So on January 1 for example an employer could state that the new policy is no personal or paid holidays. Unless an employee works they are not paid. And that could take all accrued leave time from all employees. Yes, without a contract such as a union agreement that would be legal. New Yorks paid medical leave law would still apply but your question is about personal or holiday pay.posted Nov 27, 2018 08:42 AM [EST]
Answer to Can an employer close the company on holidays and force you to use personal time
The employer can change its policies so long as it applies the new policy uniformly. So on January 1 for example an employer could state that the new policy is no personal or paid holidays. Unless an employee works they are not paid. And that could take all accrued leave time from all employees. Yes, without a contract such as a union agreement that would be legal. Of course new York's new paid medical leave would still be in effect but that does not cover holidays or personal leave aka PTO.posted Nov 27, 2018 08:38 AM [EST]
I am not sure what your question is. If you were non union, not a civil servant, and with no written contract to work then you were at will.
An employer needs no reason to fire an at will employee.
It does not sound like you committed gross misconduct. You were fired. You apparently did not threaten anyone. Nor were you insubordinate? Apply honestly for unemployment benefits and tell them what happened. Your old employer, assuming you were a good worker, will probably rehire you. I am not sure who or how much an employers premiums for unemployment go up for claims but either this employer or your last one would be able to challenge unemployment. And the easiest successful way for your old employer to do that would be to rehire you. Good luck!
posted Nov 19, 2018 07:49 AM [EST]
An employer needs no reason to fire an at will employee.
It does not sound like you committed gross misconduct. You were fired. You apparently did not threaten anyone. Nor were you insubordinate? Apply honestly for unemployment benefits and tell them what happened. Your old employer, assuming you were a good worker, will probably rehire you. I am not sure who or how much an employers premiums for unemployment go up for claims but either this employer or your last one would be able to challenge unemployment. And the easiest successful way for your old employer to do that would be to rehire you. Good luck!
posted Nov 19, 2018 07:49 AM [EST]
Answer to Is my supervisor wrong?
Wow. You definitely need to call an employment lawyer. We serve the entire state.For one, a human resources complaint should be filed by you in writing. Keep a copy and the name of the person you handed it to.
Second, human resources needs to investigate this. You nor anyone else should discuss this while human resources does it's investigation. Disclosing investigatory information can be insubordination. And that often gets people fired.
Third, you should do your job without discussing any of this with the driver. Tell them you are there to do your job. Religion and politics are not appropriate discussions at work. Period!
Fourth, if the hostilities do not stop then report to human resources again and if they continue and you feel threatened go to the police. Orders of protection are not just for domestic violence any more. People get fired for threatening co-workers.
Good luck. Constructive discharge meaning you had no choice but quitting "might" qualify you for unemployment but don't count on it for anything more. That will probably need more but do discuss with employment lawyers.
Interesting question. Thanks for asking and good luck!!! Totally inappropriate discussions for work.
posted Nov 11, 2018 09:39 AM [EST]
The ADA and FRA protect persons who once were addicted to drugs or alcohol but no longer are.
Dont think that off the job conduct can not be used against you. Often times employees do and say things off hours and get fired.
Were you fired or demoted? What are your damages?
If this is not a good fit find a new job fast. Why would you want to raise that issue unless you suffered monetary loss because of it?
Do you have another job lined up and if so why are you still at the one which sounds like a poor fit for someone in recovery? Is your boss trying to get you fired?
posted Nov 7, 2018 8:33 PM [EST]
Dont think that off the job conduct can not be used against you. Often times employees do and say things off hours and get fired.
Were you fired or demoted? What are your damages?
If this is not a good fit find a new job fast. Why would you want to raise that issue unless you suffered monetary loss because of it?
Do you have another job lined up and if so why are you still at the one which sounds like a poor fit for someone in recovery? Is your boss trying to get you fired?
posted Nov 7, 2018 8:33 PM [EST]