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Daniel Christopher Knauth

Daniel Knauth’s Answers

324 total


  • Can my job fire me for going to schoolon campus when they hired me knowing i was still in school when the job was offered

    did this semester on line but for spring i have some classes on campus and im graduating from school in may i go to a criminal justice school its important and they hired me knowing i was in school i only took online for all my classes this semest...

    Daniel’s Answer

    the short answer is yes, the probably can fire you. basically, in New York, absent contract/union rights that might provide an obstacle to termination, an employer can fire you for any reason or no reason at all, as long as it's not a reason prohibited by law (such as discrimination based on race, ethnicity, gender, religion, disability). If your school schedule interferes with your availability, that could be grounds to end the employment relationship. Now, just because they CAN fire you doesn't mean that they necessarily will. If they want to accommodate your requested schedule adjustments, they certainly could do so. They just don't have to. Good luck.

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  • It took 6 months to get on the books and begin receiving pay(aside from tips) at my restaurant job. Am I entitled to lost wages?

    I started my restaurant job 8 months ago. It took 6 months for my boss to put me on the books and to begin receiving shift pay. I am one of the few legal employees. When my boss finally put me on the books, he said he knew I had been waiting to re...

    Daniel’s Answer

    You are entitled to be paid for all hours worked. If you worked and were not paid, you would certainly be entitled to that money. In terms of cutting shifts, generally speaking your employer is free to do that and would not be required to compensate you for cut shifts. However, if there has been discrimination against you based on your race/national origin, that might support a claim.

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  • What is the foreseeable fmla leave contingent on?

    foreseeable fmla vs other fmla for ones own health condition.

    Daniel’s Answer

    Your question is not clearly written. Requesting FLMA leave is not permitted grounds for being "detained" or termination. There are some threshold issues, however, including whether your employer is required to offer FMLA leave (50+ employees) and whether you qualify for FMLA leave. see, for instance, http://www.dol.gov/dol/topic/benefits-leave/fmla.htm#.UKPLa2fko2w

    If you are entitled to FMLA leave and you were terminated for requesting it, you would probably have a cause of action.

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  • How can I sue the FBI for physicological and brutal harrasment?

    I was going to college making an effort and studying to get abetter job as a slot technician at Atlantic cape community college ( ACCC) in Atlantic city,NJ when suddenly , the firt day of classes I was approached by a mysterious individual who la...

    Daniel’s Answer

    Nothing you've described sounds like it would support a legal claim.

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  • Do I need an employment lawyer?

    I was part of a group that reported our supervisor for unethical behavior. Our supervisor retaliated by searching for anything that can be held against and or used to fire us. Unfortunately, the company that we worked for was not helpful at all a...

    Daniel’s Answer

    More information is needed. For instance, what sort of "unethical behavior" did you report? How much time elapsed between your reporting the behavior and getting fired? What reason was given for your termination? Did you sign a settlement and release agreement?

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  • I got Fired from my Job but I have not been told why. just to turn in my Blackberry and access card. No warning, no previous.

    I was fired on Tuesday, and today is Friday. I was asked to contact Human Resources, which I did but they would ask me to leave a message and would not call me back. Can I sue for unfairly having fired me?

    Daniel’s Answer

    In an employment at will situation, they don't need a reason to fire you. If they fired you for a reason that's against the law, like discrimination based on race, religion, gender, disability than you might have grounds for a lawsuit.

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  • Can my employer forfeit my accrued sick days?

    I have been working in a head start program in NYC. I accrued 80 sick days. In September, I applied to use some of these sick days to give birth in December. I was informed before the end of October that my employer forfeited my sick days as of ...

    Daniel’s Answer

    Unfortunately, it's likely a matter of what the written policy says. If the policy provides that accrued but unused sick days expire, you're probably out of luck. As long as you were provided with a copy of the policy, there's really no obligation to remind you that they are about to expire.

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  • Is the company liable for very early premature baby not to reduce workload while pregrant and liable to let you go after birth?

    My workload was very heavy and the workload is not reduced after pregnant. Boss likes cursing in front of you if not satisfied with your work. His curse made me feel bad and stressful and had to work my ass out. finally, I broke down and had a ver...

    Daniel’s Answer

    In terms of heavy workload/working long hours or being subjected to bad language, that would generally NOT be actionable absent proof that you were singled out for that treatment because of a protected reason (for instance, your gender or being pregnant).

    You ask if the company is liable, but it's not clear for what. If you mean for you having an early delivery because his cursing made you feel bad and stressful, I think it's very unlikely that would support a cause of action. If you mean liable for discriminatory treatment (assuming you have enough to allege that) or for being terminated after returning from maternity leave (if you had that), it's possible.

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  • Is that A sex discrimination?

    Christmas bonus voucher was provided to 3 women's on maternity time but it wasn't pointed on the list of criteria to get the voucher. I was on holiday on this time and my case was clearly on the list "if somebody have booked holiday in this time ...

    Daniel’s Answer

    Your question isn't clearly written, but to the extent I understand what you've written, I doubt it. As a preliminary matter, what exactly is this "voucher" worth? If it's not worth all that much, it probably isn't worth the bother of making a stink over it.

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  • Hi i currently live in NYC i work for a fortune 500 company and i was suspended for right 2 weeks going on 3 with no pay???

    hi i currently live in NYC i work for a fortune 500 company and i was suspended for right 2 weeks going on 3 with no pay. i was not told why i was being suspended or given any noticeor documentation as to why i was being suspended?? i was pulled i...

    Daniel’s Answer

    It might not be right in a moral sense, but it is probably legal. Assuming you are an employee at will, they only have to pay you for hours worked, and you have no "right" to your job; they can terminate you or suspend you for any reason (like the accusation that some transaction you did was wrong), or no reason at all. The only prohibition is a reason that is illegal, like discrimination based on race, religion, age, sex or disability.

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