Jose Gabriel Santiago’s Answers

Jose Gabriel Santiago

Hauppauge Employment / Labor Attorney.

Contributor Level 8
  1. If my employer convinces me to have a sexual relationship with him at work and i do

    Answered over 1 year ago.

    1. Jeffrey Risman
    2. Jose Gabriel Santiago
    3. Christian K. Lassen II
    4. Eric Edward Rothstein
    5. Arthur H. Forman
    6. ···
    9 lawyer answers

    It appears that you may be a victim of what is referred to as "quid pro quo" sexual harassment under Title VII and New York Human Rights Law. You definitely need to speak to an employment lawyer as soon as possible as statute of limitations apply to sexual harassment claims.

    5 lawyers agreed with this answer

  2. In NY, Does an employer Have to pay $5/hour to an employee that earn an average of $300 tips for 40 hours working.

    Answered over 1 year ago.

    1. Jose Gabriel Santiago
    2. Arthur H. Forman
    3. Vincent Peter White
    3 lawyer answers

    Under federal labor law, employers of "tipped employees" can take a tip credit of 5.12 if employees make a certain amount in tips. Therefore the federal minimum wage if all requirements are met is $2.13 per hour. Under New York labor law, however, employers are not allowed such a large tip credit. So, tipped employees in NY are entitled a higher minimum wage of $5.00 per hour. Tipped employees that work over 40 hours per week are entitled to overtime at time and a half.

    4 lawyers agreed with this answer

  3. Sephora petty theft charge

    Answered over 1 year ago.

    1. Howard A. Schwartz
    2. Jose Gabriel Santiago
    3. Eric Edward Rothstein
    4. Zachary Peter Reibstein
    5. Jayson Lutzky
    5 lawyer answers

    It depends on what you plead to, if anything. You should get a certificate of disposition from the court where you plead guilty. I would then contact a criminal defense lawyer who can answer your questions.

    3 lawyers agreed with this answer

  4. Can my citicenship be denied for dwi

    Answered almost 2 years ago.

    1. Neil Ian Fleischer
    2. Simone Bertollini
    3. Alice Antonovsky
    4. Jose Gabriel Santiago
    5. Deborah Lynne Karapetian
    5 lawyer answers

    I agree with the answers posted by my colleagues. An arrest for DWI that did not involve personal injury or extensive property damage should not be cause - in and of itself - for your naturalization application to be benied. That being said, sometimes the USCIS officer conducting the interview misapplies the law and denies a naturalization when it should be granted. Unfortunately, I have seen this happen too many times, which is why I always recommend to naturaliation applicants with any...

    2 lawyers agreed with this answer

  5. Occasionally being Touched inappropriately by my boss at the work place.

    Answered over 1 year ago.

    1. Alix R. Rubin
    2. Eric Edward Rothstein
    3. Richard Javon Washington
    4. Jeffrey Risman
    5. Denise Kingue-Bonnaig
    6. ···
    7 lawyer answers

    As my colleagues indicate above, it appears that you may have a claim for sexual harassment and hostile work environment against your employer, under federal and state law. In addition, depending on what you mean by touching you "inappropriately," you may even be able to press charges against him for harassment. You should speak with an employment attorney as soon as possible in order to properly assess your situation.

    1 lawyer agreed with this answer

  6. What happens if I turn myself in while having a warrant out for my arrest?

    Answered over 1 year ago.

    1. Eric Edward Rothstein
    2. Howard A. Schwartz
    3. Marco Caviglia
    4. Joseph A Lo Piccolo
    5. Stephen Charles Cooper
    6. ···
    6 lawyer answers

    If there is an arrest warrant I would advise you to hire an attorney that will contact the detective assigned to your case and schedule a date and time for you to turn yourself in. Although it has been two (2) years, It is my experience that you are more likely to get a favorable bail determination from the Court when you voluntarily turn yourself in than when you are picked up and brought in wearing handcuffs.

    1 lawyer agreed with this answer

  7. What should tell and not tell HR? I have been asked to participate in a HR investigation, I really don't want too.

    Answered over 1 year ago.

    1. Jeffrey Ira Schwimmer
    2. Ryan M. Finn
    3. Daniel DeMaria
    4. Jose Gabriel Santiago
    4 lawyer answers

    I agree with my colleagues; however, I want to add that if you are participating in an HR investigation into alleged vioaltion of a federal or state law such as Title VII (discrimination or sexual harassment) or NY Human Rights Law, there are anti-retaliation provisions that prohibit your employer from retyaliating against you for participating in such an investigation. You may want to consult with a Labor and Employment attorney if you have any more specific questions.

    1 lawyer agreed with this answer

  8. Broke my ankle in 3 places out of work for 2 to 3 months under worker comp in there a vsettlment at the end of this why do i

    Answered almost 2 years ago.

    1. Leonard Bernard Feld
    2. Brian Marc Mittman
    3. Sharmine Persaud
    4. Jose Gabriel Santiago
    5. Joyce J. Sweinberg
    5 lawyer answers

    Your interests and the interests of the insurance company responsible for paying workers' compensation benefits are not the same. It's not unusual for the insurance company to deny valid claims, miscalculate your benefits, or offer you far less money than you deserve if you have suffered a permanent disability. If you have suffered a serious injury, an attorney can help you obtain all of the benefits you deserve.

    1 lawyer agreed with this answer

  9. My daughter is 16 and was slapped by her Manager at the McDonalds where she works, I was told to call the police, should I?

    Answered about 2 years ago.

    1. Arthur H. Forman
    2. Vincent Peter White
    3. Jose Gabriel Santiago
    3 lawyer answers

    You should definitely follow-up with the police. There are several crimes and/or violations that can be charged against the manager for his or her actions.

    1 lawyer agreed with this answer

  10. How Does an EEOC "No Probable Cause" Determination Impact My Employment Discrimination Case?

    Answered 5 months ago.

    1. Alix R. Rubin
    2. Arthur H. Forman
    3. Josh Michael Friedman
    4. Jose Gabriel Santiago
    4 lawyer answers

    The EEOC has 180 days to investigate a charge of discrimination. At the conclusion of the investigation, the EEOC must decide to either prosecute your claim for you, or issue you a Right to Sue letter so that you may bring a private lawsuit against the Respondent employer. It is very rare, in my experience, for the EEOC (especially the NY Regional Office) to take on a case. The EEOC is swamped, and in my opinion, takes on cases that are either press-worthy cases or the discriminatory...

    1 person marked this answer as helpful

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