Answers Posted By V Jonas Urba

Answer to Do I have a wrongful demotion case?

Maybe. You should gather your performance evaluations and start calling some employment lawyers to discuss.

posted Aug 16, 2018 04:50 AM [EST]

Answer to If a campany has an existing serverance plan already in place and outlined in an employee handbook, and the WARN act is initiated, can the employer reduce the amount of severance an employee receives by the WARN benefit?

Maybe. Are they applying this universally across the board to everyone affected? Request/pay an employment lawyer to review all documents. No one should ever sign a release without doing so.

posted Aug 6, 2018 12:45 PM [EST]

Answer to I left my job as a medical assistant after 11 years and 9 months. After the assistant manager come to me (I start my shift at 8:30am), at 10am and told me:

Most employees are required to complain about discrimination before they quit. This gives an employer a chance to correct the problem.

Constructive discharge or being forced to quit is hard to prove. If you were written up for poor performance it makes it even harder.

If you applied for unemployment and honestly stated you quit you will need to timely request a hearing when you are presumably denied. If you do not prevail at that hearing how would you prove constructive discharge.

Employers have the right to change policies and direct employees as they see fit. Next time line up a new job before you quit your current job. It's at will employment and no employer needs to be nice to any employee. They should treat everyone equally. If you lack any skills that other employees have you need to improve them. Good luck!

posted Aug 5, 2018 06:09 AM [EST]

Answer to If I am using intermittent FMLA to care for my son, can my boss refuse to let me take a pre-approved personal day which was approved before I needed to use FMLA?

FMLA interference is unlawful. Although your employer does not have to accommodate your son's disability your employer may not discriminate against you because you are associated with an immediate family member who has a serious health condition. It's complicated. Associational discrimination under the ADA when combined with FMLA interference can potentially result in damages. Keep records, document, make sure you have all of your performance evaluations as well as correspondence and doctor's notes associated with the FMLA including your texts or e-mails. If you suffer an adverse employment action (i.e. are terminated or demoted) call us.

posted Jul 31, 2018 2:12 PM [EST]

Answer to job offer recinded after finding out about criminal background, protected under 23-A

Is there a direct relationship or unreasonable risk between the conviction and the job duties you will be performing? This sounds simple but should be carefully analyzed. You are entitled to obtain a copy of any criminal background report which you authorize so that you can attempt to correct any inaccuracies. You should also inquire about what direct relationship or unreasonable risk the employer is concerned about. And finally, you should try to ascertain whether everyone with similar convictions is not being hired. Is this employer, currently, applying a uniform standard for all hires? Their policies may have changed. Are they treating everyone with convictions the same?

Here is a Department of Labor link. Examine all the steps carefully and compare them to the job description.

https://www.labor.ny.gov/careerservices/ace/employers.shtm

posted Jul 26, 2018 2:59 PM [EST]

Answer to Can an employer reduce your hours /salary after 10 years of employment

Barring civil service tenure, a collective bargaining agreement, or a private term of employment contract, usually yes. Unless they were retaliating against you for requesting FMLA, an accommodation under the ADA, regarded or perceived you as disabled, regarded you as too old by comments or how they treat workers over 40, and a few other possible scenarios.

It's probably a sign that you should very confidentially look for a new job, then once you secure one, hopefully in writing, provide your 2 week notice and move on. Do not say bad things about your employer or risk breaching your duty of loyalty to your employer. Good luck!

posted Jul 24, 2018 10:28 AM [EST]

Answer to I am a consultant with a government agency. After 3 years of working here, I have a new supervisor who saying that even though I work 8hour days, I am not entitled to a 15 minute break because I am a consultant. Is this true in New York State/City??

Assuming you are non-union what does your contract say? If you have no contract are you "at will"? If so how easy would it be to get another job were you terminated for no reason? At will employment means either side is free to leave or fire without cause.

Review your performance evaluation. If none and you want to stay employed no break might be something to consider regardless of what the law says. You might get your break and be fired for no reason a few weeks later.

posted Jul 23, 2018 1:30 PM [EST]

Answer to I have fmla and my doctor filled out the forms required in ny and out the estaments of intermediated leave as 2 times per week for 1 day, my company uses sedwick and now that 3 of my 6 days I used fmla are a Monday they are saying I need to provide more p

FMLA may protect your leave but not your job. Any legitimate reason such as your not doing anything requires for your job can result in a job loss whether or not you are on FMLA.

To keep your job you will be jumping through lots of FMLA hoops. And you best complete the forms timely. I have seen employees legitimately fired the day they came back from FMLA and the firing stuck. Good luck and be careful.

posted Jul 16, 2018 04:31 AM [EST]

Answer to Non-compete for C2C enforceable

Discuss this with an employment lawyer.

Someone needs to review the exact language of your contract or contracts. These are not as straight forward as might appear. Many facts need to be considered.

Remember, there is a new Defend Trade Secrets Act as of 2016 that everyone needs to consider when dealing with the types of restrictions you are inquiring about.

posted Jul 6, 2018 12:02 PM [EST]

Answer to I suggested to submit notice of my leaving my organization but was then given two weeks by my employer. I do not wish to quit and communicated this. Can they do this?

I thought you meant tomorrow, July 6. Too late. You apparently are already gone. Hopefully you collect unemployment benefits and get another job soon. Good luck.

posted Jul 5, 2018 10:30 AM [EST]