Daniel Christopher Knauth’s Answers

Daniel Christopher Knauth

Employment / Labor Attorney.

Contributor Level 12
  1. Can an employer search an employee suspected of stealing from the business?

    Answered over 2 years ago.

    1. Daniel Christopher Knauth
    2. Curtis Lamar Harrington Jr
    2 lawyer answers

    There are really too many possible variables here to give a proper answer. Generally speaking, private employers can conduct an on-site search based on a reasonable suspicion, though depending on the circumstances they might risk various tort claims. The question is what reasonable expectation of privacy an employee has-- there is a difference, for example, in an employer cutting your personal lock on a locker, versus searching the contents of an unlocked desk. A personal search of the...

    Selected as best answer

  2. What do I do if my former employer refuses to give me the W2 papers so I can file my taxes?

    Answered over 2 years ago.

    1. Daniel Christopher Knauth
    2. Steven M Zelinger
    3. Christopher Michael Larson
    3 lawyer answers

    Your place of employment is supposed to provide you with a W-2. You can call the IRS at 1-800-829-1040. Be prepared to provide your name, address, phone number, social security number, dates of employment and your employer/payer's name, address and phone number. The IRS can use that information to contact the employer for you and request the missing W2 tax form. They can also send you a Form 4852 (Substitute for Form W-2 or Form 1099-R). If you do not receive the missing form in time to...

    Selected as best answer

  3. Can an employer withhold a paycheck in NYS when the employee was fired for theft?

    Answered over 2 years ago.

    1. Daniel Christopher Knauth
    2. Vincent Peter White
    3. Orit Goldring
    4. Wajeb Wassim Assaf
    4 lawyer answers

    No, the employer can't engage in that sort of self-help, and can only withhold amounts required by law, such as taxes and any garnishments. That being said, as a practical matter, if the employer hasn't brought criminal charges, and the amount of withheld wages are less than the amount stolen (assuming the employee admits the theft) I might advise an employee under those circumstances not to press the matter. On the flip side, I would not advise an employer to engage in this sort of self-...

    Selected as best answer

  4. Non compete is governed by new york law, there is a change in position,is non compete invalid or void?

    Answered over 2 years ago.

    1. Vincent Peter White
    2. Daniel Christopher Knauth
    3. Michael S. Haber
    3 lawyer answers

    I agree with Mr. White... noncompetes are fact specific. In New York, noncompetes are generally enforceable. The analysis for most comes down to time/place/manner. In most cases, a non-compete for 3 years would probably be too long, but even if a court were to chop it down, it might still be enforced for a more reasonable period, like 6 months to a year. Also, generally speaking, your inhouse change in job position probably wouldn't kill the noncompete. You've notified the potential...

    6 lawyers agreed with this answer

  5. Basic question

    Answered over 2 years ago.

    1. Daniel Christopher Knauth
    2. E. Martin Davidoff
    3. Brian S Wayson
    3 lawyer answers

    information can be found here: http://www.ssa.gov/pubs/10084.html

    6 lawyers agreed with this answer

  6. Do I have a case

    Answered over 2 years ago.

    1. Daniel Christopher Knauth
    2. Jeffrey Bruce Gold
    3. Ronald Joseph Kim
    3 lawyer answers

    If you don't have an employment contract, you are an employee at will. As such, your employer doesn't need a good reason, or any reason at all, to terminate you. "Trust issues", even if you feel they aren't warranted, is sufficient reason. The only limitation is if the employer terminated you for a reason prohibited by law (like discrimination based on race, age, sex, religion, disability). You haven't mentioned any discriminatory reason (only that you feel like you were "set up"). Based...

    Selected as best answer

  7. Can my mother keep my Social Security Card and Birth Certificate ? What if I dont want her to have access to my Personal things

    Answered almost 2 years ago.

    1. Daniel Christopher Knauth
    2. Paula Brown Sinclair
    3. David J. McCormick
    3 lawyer answers

    sounds like a bizarre situation. You are 20, legally an adult, and free to move out. You don't need your birth certificate or social security card to do so. If your mother won't give you the documents, and you don't feel comfortable simply taking them, you can get another copy. Assuming you were born in NY, you can order a copy of your birth certificate using the instructions found here: http://www.nyc.gov/html/doh/html/vr/vrbappl.shtml You can get a copy of your social security card...

    Selected as best answer

  8. Do you think my new employer is trying to keep me off of the books, without me knowing it?

    Answered over 2 years ago.

    1. Daniel Christopher Knauth
    2. Jeffrey Bruce Gold
    3. Vincent Peter White
    3 lawyer answers

    In terms of the tax forms, those are normally filled out before you start work. Not sure why you specify state as opposed to federal -- did you get a w-4 form to fill out? you can print it out yourself here: Federal withholding: http://www.irs.gov/pub/irs-pdf/fw4.pdf NYS withholding form: http://www.tax.ny.gov/pdf/current_forms/wt/it2104_fill_in.pdf I honestly don't understand how it is you are working without knowing what your pay rate is. The whole thing sounds very weird. How...

    Selected as best answer

  9. Is my job being unlawful?

    Answered over 2 years ago.

    1. Daniel Christopher Knauth
    2. Alan Stuart Katkin
    3. George Ellis Corson IV
    3 lawyer answers

    First, the employer didn't need a reason to remove the chair, that's something within their discretion and control, particularly if they made that decision without knowledge of your knee condition. However, now that you've provided them with notice of your condition, assuming it qualifies as a disability under the Americans with Disabilities Act (ADA) (as well as other things, for instance that your employer has enough employees (15) to be subject to the ADA) it's possible that replacing the...

    Selected as best answer

  10. My old employer took taxes out of my wages did not pay them & let his corp. status lapse but is still in business what can I do?

    Answered over 2 years ago.

    1. Daniel Christopher Knauth
    2. Christopher Michael Larson
    3. Henry Daniel Lively
    3 lawyer answers

    I would contact the Illinois Department of Labor: http://www.state.il.us/agency/idol/ Department of Revenue: http://www.revenue.state.il.us/AboutIdor/ContactUs.htm and the IRS http://www.irs.gov/localcontacts/article/0,,id=98273,00.html. Obviously find and be prepared to present whatever records you have (paystubs, W-2, etc.) that would show that he was representing that taxes were being withheld.

    6 lawyers agreed with this answer