New York Questions and Answers

I worked for a factory for 2 years. I found a closer job so I quit and started my new job. My first week there I was fired due to a supposed personal conflict. It was about an altercation that previously happened, over two years ago. I didn't know the per
My employer initially said it was low performance then added how the other employee felt threatened or worried about my presence there. We worked seperate shifts and I never even knew he was there unt...
1 answer  |  asked Nov 19, 2018 07:21 AM [EST]  |  applies to New York

Is my supervisor wrong?
I am a school bus attendant and my driver was having in appropriate conversations with me on the bus while children were on the bus about religion and abortions and that at one point when he first got...
1 answer  |  asked Nov 11, 2018 09:22 AM [EST]  |  applies to New York

My supervisor disclosed false personal information about me to my physician. Is this defamation or a violation of privacy law?
I work for a nonprofit health care provider serving individuals with chronic diseases including substance use disorders. I am in recovery. My supervisor, who knows my substance use history, went out a...
1 answer  |  asked Nov 7, 2018 8:17 PM [EST]  |  applies to New York

Previous employer states I violated a non-compete agreement
Previous employer stating I attempted to solicit a Caregiver. I did not know caregiver works at previous employer. Caregiver also works at other facilities and there are caregivers that work at both m...
1 answer  |  asked Oct 25, 2018 8:00 PM [EST]  |  applies to New York

Should performance goals be adjusted when a employee has taken intermittent FMLA?
Total of PFL and intermittent FLMA total equals 30 hours for 2018 so far with more intermittent FLMA time to be reported. Should employer adjust productivity goal accordingly based on non-productivity...
1 answer  |  asked Oct 20, 2018 05:26 AM [EST]  |  applies to New York

Does offering the option to convert bonus $ to vacation violate laws or compromise exemption status
1 answer  |  asked Oct 11, 2018 4:16 PM [EST]  |  applies to New York

I received a lump severance payment in the amount of $30K. My former employer miscalculated my deductions by $5K. I have written twice to the employer to see about fixing this mistake with no answer. Do I have any recourse? This took place in NY.
I was terminated by employer but my employment contract provided for a 3-month severance package in the amount of $30K. My employer mailed me the severance check, but it over deducted by over $5K. Now...
1 answer  |  asked Oct 5, 2018 12:14 PM [EST]  |  applies to New York

Can I be demoted and then replaced with a new hire that my boss likes better?
I have worked as a manager for a company for 2 years. There are 3 managers (including me) in my department. The company recently went through some restructuring due to growth and additional employees ...
1 answer  |  asked Sep 22, 2018 05:03 AM [EST]  |  applies to New York

was laid off late February 2018 and employer instead of lump sum severance kept me on payroll for 6 months. While receiving the monthly payments I have applied to over 160 jobs and have no offer of employment. Was told I could not apply for unemployment u
Was laid off late February 2018 and employer kept me on payroll for 6 months, rather than giving me a lump sum severance. Have applied to over 160 jobs with no offers. Was told I could not apply for N...
1 answer  |  asked Sep 9, 2018 09:58 AM [EST]  |  applies to New York

If it is listed in the company handbook that vacation is earned through years of service. Can a new hire be offered extra weeks of vacation as incentive instead of having to for the years of service? NY
Our company policy is that when Hired you are given 2 weeks of vacation and may voluntarily purchase a 5th day of vacation. At the beginning of your 6th year you acquire another week and at your 12 ye...
1 answer  |  asked Sep 3, 2018 08:02 AM [EST]  |  applies to New York

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Sutter & Terpak, PLLC
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