Elizabeth Franqui’s Answers

Elizabeth Franqui

Brooklyn Employment / Labor Attorney.

Contributor Level 9
  1. Are CUNY employees considered city workers or do they just work directly for the CUNY college they are stationed at?

    Answered over 3 years ago.

    1. Elizabeth Franqui
    1 lawyer answer

    CUNY employees are either New York State employees or New York City employees depending on the job function. The union that the employee belongs to should be able to provide more information.

    1 person marked this answer as helpful

  2. Can a company have a policy of hiring nonsmokers only?

    Answered over 3 years ago.

    1. Elizabeth Franqui
    2. Alan James Brinkmeier
    2 lawyer answers

    Yes. Being a "smoker" is not a category protected from discrimination by any Federal or State laws. Some employers view smokers as persons who need more breaks during the work day, and take more sick days due to their poorer health. Also, an employer may be able to reduce its health insurance costs if it employs non-smokers. Even if these policies don't apply to all smokers, an employer is free to institute this type of policy.

    Selected as best answer

  3. I was terminated for"questionable behavior" When I asked for proof my LPS said he didnt have to show me anything.

    Answered over 3 years ago.

    1. Elizabeth Franqui
    1 lawyer answer

    New York is an "employment at will" state, which means that either party - you or your employer - can decide to end the employment relationship at any time - with or without cause. However, if you performed your work well and the termination of your employment came out of the blue, you may think about whether your supervisor harbored any animus toward you for being in a category protected from discrimination, i.e., your race, age, gender, national origin, religion, disability, sexual...

  4. I live in NYS and I quit my job is my employer required to pay my vacation time to me?

    Answered over 3 years ago.

    1. Elizabeth Franqui
    1 lawyer answer

    Upon the end of your employment, your employer is required to pay you all of your earned but unused vacation. However, the vacation time to be paid must be earned and unused in accordance with Company policy. The pay for your vacation time should be paid within the next pay period. As for the overtime, how did you report your hours? Did you accurately report your time? A claim for overtime is more complicated as it depends on the job you performed and whether it is exempt or non-exempt...

  5. If I had a business and paid employees in cash and the State has no record of wages or withholding paid to state...

    Answered over 3 years ago.

    1. Christopher G Brown
    2. Michael David Siegel
    3. Elizabeth Franqui
    3 lawyer answers

    While my colleagues may be right and this could be a big problem for you, I need more information. How many people did you employ? How long were you in business? Did you lay-off any employees when you closed your business? Based on the timing of your closing the company and receipt of the NYDOL Unemployment Division audit request, it's possible a former employee filed for unemployment benefits, but your company did not come up as an employer contributing to the fund. The degree of...

  6. In NYS is it illegal to collect both unemployment and SSD?

    Answered over 3 years ago.

    1. Elizabeth Franqui
    2. Robert C. Alston
    2 lawyer answers

    Based on my experience, it is not advisable for you to collect both benefits. An application for SSD requires a declaration or other legal document where an applicant describes why they are unable to work, which is why they are eligible for financial assistance. Conversely, an application for unemployment benefits requires that an applicant be ready, willing and able to work, but unemployed through no fault of their own. Plus, a person receiving unemployment benefits is required to actively...

  7. How do you toll back the statute of limitations when you find out that your old employer hired someone several years younger

    Answered over 3 years ago.

    1. Elizabeth Franqui
    1 lawyer answer

    How long ago did you leave your former employer? Was your constructive discharge related to your age? When did you learn that your employer hired someone to replace you? You raise three distinct issues: constructive discharge due to harassment; retaliation for complaining about a co-worker; and age discrimination. The statute of limitations on your potential claims of constructive discharge and retaliation can't be changed. You generally have a year to file an EEOC or NYSDHR complaint -...

  8. Employment Law

    Answered over 3 years ago.

    1. Elizabeth Franqui
    2. Arthur H. Forman
    2 lawyer answers

    This is more of an Administrative Law versus Employment law issue. The Administrative Law on getting approved and licensed as a home-run Daycare provider may require you AND your "home" - and not just "you" - to be approved as safe for children. If the rule is that the home used as the daycare cannot house someone convicted of a felony or someone on probation, then your home won't qualify for approval. I would imagine that if you were to run the daycare from another location, you may qualify...

  9. I had a job in retail until I got fired for eating a piece of chocolate.( the candy wasn't paid for)The person who opened the

    Answered over 3 years ago.

    1. Christopher G Brown
    2. Elizabeth Franqui
    3. Stephen V Pipenger
    3 lawyer answers

    In New York, an employer can end your employment for any reason that is not discriminatory. Eating chocolate - especially if it is merchandise your employer sells that you didn't pay for - can be a basis for terminating your employment. The fact that another person who did the same thing did not get fired is only relevant if you believe that the reason why you were treated differently is based on your age (over 40), race, color, national origin, sexual orientation, religion, disability,...

  10. Is this wrongful termination?

    Answered over 3 years ago.

    1. Elizabeth Franqui
    2. Arthur H. Forman
    2 lawyer answers

    If you can perform the essential functions of your job with or without a reasonable accomodation, it is not permissible for your employer to terminate your employment based solely on a "perceived disability." Your employer may raise with you issues about your performance, but should be open to discuss any accomodation for any disability you may have in view of your medical condition. It is not appropriate for HR to instruct you not to inform your supervisors about your medical condition. In...