Daniel Christopher Knauth’s Answers

Daniel Christopher Knauth

Employment / Labor Attorney.

Contributor Level 12
  1. Is it illegal to substitute urine on an employer's post accident drug test in New York state?

    Answered over 2 years ago.

    1. Daniel Christopher Knauth
    2. John M. Cromwell
    3. Joseph A Lo Piccolo
    4. Matisyahu Wolfberg
    4 lawyer answers

    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.

    4 lawyers agreed with this answer

  2. EEOC timeline

    Answered almost 3 years ago.

    1. Daniel Christopher Knauth
    2. Scott Luzi
    3. Christine C McCall
    4. Marilynn Mika Spencer
    4 lawyer answers

    Both answers from Mr. Luzu and Ms. McCall are correct and provide good advice. In most cases, going to the EEOC is just a precursor to filing suit, and the course of action normally taken is to request a "right to sue" letter from the EEOC. Once they issue that, you have 90 days from date of receipt to file a complaint, which is why it might make sense for you to find an employment lawyer who is willing to represent you beforehand.

    4 lawyers agreed with this answer

  3. Can My employer ask me to drop my EEOC case? Is it legal?

    Answered about 3 years ago.

    1. Daniel Christopher Knauth
    2. Michael J. Schewe
    3. James Earl Walsh
    3 lawyer answers

    Can they ask you to drop the EEOC case? Yes. Can they threaten you or retaliate against you for refusing to drop the EEOC case? No. If they terminate you for filing the EEOC claim, that could support a retaliation claim. You haven't given enough information here to assess the strength of your EEOC complaint. You say "I think that I have a good case if they want me to drop the eeoc case." Personally, I think it's a mistake to assume that it must be a good case because they want you...

    4 lawyers agreed with this answer

  4. I was laid off from my job last week as an elevator mechanic in NYC. Do i have a lawsuit for falsely termination?

    Answered about 3 years ago.

    1. Daniel Christopher Knauth
    2. Vincent Peter White
    3. Christine C McCall
    3 lawyer answers

    whatever rights you have to reemployment based on seniority are through your union. you should be communicating with the union if you are having issues reporting back to work.

    4 lawyers agreed with this answer

  5. Can my employer force me down to part-time from full time?

    Answered about 3 years ago.

    1. Arthur H. Forman
    2. Daniel Christopher Knauth
    3. Krishnan S. Chittur
    3 lawyer answers

    Can they do this? Probably yes. As another response said, there's no obligation to accommodate your school schedule.

    4 lawyers agreed with this answer

  6. What can I do about social security benefits/unemployment and rate of pay abuse?

    Answered about 3 years ago.

    1. Daniel Christopher Knauth
    2. Herbert J Tan
    2 lawyer answers

    You should talk to a lawyer. Assuming you should have been treated as an employee, you'd have a claim under the FLSA and state law for minimum wage and overtime.

    4 lawyers agreed with this answer

  7. Why can't I collect my retirement at age 52?

    Answered about 3 years ago.

    1. Daniel Christopher Knauth
    2. Clifford Michael Farrell
    2 lawyer answers

    It's unclear from your question what you mean by your monthly retirement. If you are talking about some sort of retirement plan with your employer, when you are eligible for those benefits would depend on the plan. That could account for why your friend who worked for a different company could collect at a different age than you. There might also be some other difference (for instance, disability) that permits your friend to collect at the same age. If you are talking about taking money...

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  8. Is this a crime? Can I report it to police?

    Answered over 2 years ago.

    1. Daniel Christopher Knauth
    2. Robert A. Stumpf
    3. Timothy Alan Coe
    4. Charles Joseph Michael Candiano
    4 lawyer answers

    Nothing you've described would be a crime as far as I know. At best, assuming that she has some legal obligation to you as your attorney (and it's not clear that you ever retained her), there might be some ethical issue in representing one of your employers against you. For the first situation, it's impossible to determine if she gave you bad legal advice or not - or, for that matter, that she was under any obligation to give you legal advice. Just because a paralegal said it's a...

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  9. Was fired from my job because of a policy i learned 2 weeks prior is that okay

    Answered almost 3 years ago.

    1. Daniel Christopher Knauth
    2. Robert M Fortgang
    3. Lauren Craig Redmond
    4. Jeffrey K. Varszegi
    5. Nicholas M. McLeod
    6. ···
    6 lawyer answers

    Generally speaking, they can fire you for any reason, even a reason you don't believe is legitimate, so long as it's not a reason that is prohibited by law (such as discrimination based on race, age, religion, sex, age, disability). If the new managers didn't like you, they can fire you. Absent a contract or union right that protects people based on seniority, they can almost certainly fire you and keep lower paid employees -- in fact, saving money would be a business reason to do so....

    5 lawyers agreed with this answer

  10. Can my boyfriend get charged for sexual harassment

    Answered about 3 years ago.

    1. Daniel Christopher Knauth
    2. Kevin Rindler Madison
    3. Nathaniel James Hill
    3 lawyer answers

    It's not clear if you are talking about charging him with sexual harassment as a criminal charge, or under some sort of school code of conduct. If criminal, what you've described doesn't sound like something the police or DA would be interested in prosecuting, but that's a local determination, and if a criminal accusation is being made, your boyfriend should talk to a criminal defense lawyer in the area where this took place. You don't say what level of school this is (high school,...

    5 lawyers agreed with this answer