Skip to main content
Daniel Christopher Knauth

Daniel Knauth’s Answers

324 total


  • Do I have a case against an employer who treated me horribly and deliberately drove me out of office?

    Treated me horribly as in screaming at me in front of staff and patients and cursing at me on a daily basis. He has openly admitted to driving other staff members out of office to avoid paying unemployment. 5 other staff members have quit in the l...

    Daniel’s Answer

    There's nothing to prevent you from applying for unemployment; how he treated you at work would likely support you if it was contested. In terms of a lawsuit, unrealistic deadlines and job expectations do not give rise to a cause of action. No doubt it's stress-inducing to feel rudely treated at work, but it doesn't sound like you'd have a case, especially given that 5 other people had the same experience. You are probably better off using your energy finding looking for your next job than wasting time and money in a lawsuit.

    See question 
  • Is it illegal for my employer to transfer me into another program/position without my consent?

    I work for a nonprofit and recently they have had budget problems and decided to move spanish speakers to another program/position just off the fact they can speak spanish. I have been working for the company for almost 4 years now, I never gave c...

    Daniel’s Answer

    Generally speaking, as an at-will employee, they can terminate you or - as in this case - transfer you to another program/position unless you have a contract that specifies otherwise. Although the decision was made without consulting you, and without regard to your desires, your "consent" is given or withheld by your decision to keep working for them, or to quit. There are a few exceptions-- for instance, if this action is being taken against you in retaliation for engaging in protected activity, or if you are being singled out because of a discriminatory reason (being in a protected class based on race, national origin, gender, etc.). That doesn't seem to be the case based on what you've described-- you attribute this to budget issues.

    See question 
  • During storm private owned corp. closed due - no electricity. Told employees not to come in. Now 4 vacation days taken. Legal?

    No mention of taking vacation was mentioned. Some employees were given chance to work from sister site. Most could not work from there.

    Daniel’s Answer

    I agree with Mr. Forman. While I understand you aren't happy about losing 4 vacation days, the most likely alternative in my opinion-- not being paid for the 4 days -- might not be any better for you.

    See question 
  • Is it illegal to substitute urine on an employer's post accident drug test in New York state?

    I was the victim of an accident at work, someone hit ME, we were both drug tested and I showed a positive for THC. The guy who hit me passed. They told me I was suspended pending a laboratory follow up test of the same urine I gave that day. Today...

    Daniel’s Answer

    You will not find any lawyer on this forum who is going to advise you to cheat on a urine test, regardless of whether you can be prosecuted for it. In terms of whether they can leave the door open, that sounds like a necessary measure designed to prevent exactly what you are contemplating.

    See question 
  • Is my non-compete agreement enforceable in New York State?

    I had been working at a small business for 13 years. In the 10th year of my employment the company was bought. Within a few months the new owner had me sign a non-compete/non-disclosure agreement. My job as a "manager" was dissolved shortly therea...

    Daniel’s Answer

    • Selected as best answer

    More information is needed to even take a guess on this. Whether a noncompete is enforceable or not usually depends on things like the length of time and the geographic restriction. Generally speaking, courts are less likely to enforce agreements that go on for a long time (over 1 year), cover a broad geographic region, or would prevent someone from earning a livelihood, particularly if they weren't very high up or very highly compensated. Since you've already received notice from your former employer to cease and desist, you really should find an employment lawyer in your area to review your noncompete and advise & assist you with a response.

    See question 
  • Is there any government agency like EEOC where I can complaint against retailiation termination by employe ?

    I was terminated by employer because I tried to make a union among employees when I was working...(which is my civil right) and I joined a class action law suit against my employer ...after my joining law suit ...they sent me a termination letter ...

    Daniel’s Answer

    From what you've described, you can make a complaint to the NLRB for retaliation for trying to organize. Since you are in a class action suit, it's not clear why you haven't discussed this with the lawyers who are representing you in the class action. It's also not clear why you've waited until November when you were fired in May -- don't waste any more time, your 6 months is almost up. Form is found here. http://www.nlrb.gov/sites/default/files/documents/48/nlrbform501.pdf You can find your regional office contact info here: https://www.nlrb.gov/who-we-are/regional-offices

    See question 
  • I have been given an agreement from my previous employer to sign.

    This agreement contains a clause that states "with prejudice against refilling at any stage of the parties grievance and arbitration procedure, and with any court or administrative body". What does this mean? I am pursuing an unemployment appeal...

    Daniel’s Answer

    it sounds like a release agreement. You mention a grievance but don't give any details. Your best bet is probably to pay an employment lawyer to review the agreement and give you some advice.

    See question 
  • How do I defend my position? What arguments do I need to say so I can be reinstated to my Full Time Bookkeeper Position.

    I was terminated from my Full Time Bookkeeper for not accepting a part time after the attendance of the day care center dropped from 55 to 25. We received a Discretionary Budget allocating my full time annual salary. I am the only Bookkeeper in...

    Daniel’s Answer

    Unless you have some sort of contractual right to mediation or that would require a certain procedure to be followed for termination (for instance, if you are a unionized worker) you don't have any right to defend your position or seek reinstatement. Nothing you've described sounds like discrimination-- instead you've described a change in financial circumstances for the employer that would certainly support that the action was reasonable. Attendance dropped by more than 50%, they need to cut back, offered you part time and you said no. Maybe if you tell them you've reconsidered and are willing to go part time they'd take you back. Otherwise you might be better served looking for a new full time job.

    See question 
  • Do i have a hostile work place claim?

    a manager at my resteraunt was caught stealing, doing drugs, and in multiple cases sexually harrassing guests as well as employees, i informed the general manager of the store and he failed to reprimand the manager.

    Daniel’s Answer

    from what you've described, it doesn't sound like it.

    See question 
  • I am on a long-term temp assignment being paid through a Staffing Agency. Must I work every day the client says?

    Client was supposed to hire me after 3 months but changed their mind and told me to find other employment after the 3 months were up. I am still working there but looking elsewhere for employment. I am paid through the staffing agency but the cl...

    Daniel’s Answer

    It doesn't sound like they are doing anything illegal... an employer can require you to work holidays, or weekends, or whenever, so long as you are paid for all hours worked. If you don't want to work there, you can quit. From what you've described, that's likely the full extent of your recourse. Of course, if you do quit, especially without notice, you will probably jeopardize your future opportunities through the agency.

    See question