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Jose Gabriel Santiago
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Jose Santiago’s Answers

30 total

  • Must an employer pay a wage that is above minimum wage but promised verbally?

    I was recently transferred in my company and with the transfer I was promised a wage increase of 4 dollars an hour. This agreement was made verbally. When I reviewed my paystub I was given only 3 dollars more. My manager did not advise me of this ...

    Jose’s Answer

    I agree with my colleagues that it will be difficult to prove the "promise" of a pay raise and that the "promise" was binding. Keep in mind that New York now requires at the time of hire and when a change in pay rate is made that the employer provide you with a "Notice of Pay Rate" that includes information such as your hourly rate, overtime rate, pay day, etc. Before changing positions, it may be a good idea to ask for an updated Notice of Pay Rate prior to the change.

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  • I was a contract employee. i worked for 7 days and left the job . Employer hasn't paid me for 5 days. what are my options?

    Employer is refusing to reply to my e-mails.

    Jose’s Answer

    Whether or not you were a "contract employee" is subject to a legal analysis. Some employers attempt to circumvent DOL and/or IRS requirements by attempting to label a worker as an "independent contractor" as opposed to an employee. If I were you I would contact your local department of labor and file a claim. If your previous employer did misclassify you, the DOL investigator should be able to assist you in getting your wages paid to you.

    If you were in fact an independent contractor, then as one of my colleagues mentioned before, you may have to file your own civil lawsuit in small claims court (depending on the amount of wages owed) in order to recover the moneys owed to you via the contract that was breached. Good luck!

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

    I just received a "No Probable Cause" letter from the EEOC dismissing my employment discrimin case. They also gave me a Right to Sue Letter. In the letter it says how the EEOC has limited resources and cannot focus on all cases. Also, last month, ...

    Jose’s Answer

    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 practices complained of affect a large group or class of individuals, not just a single employee. The fact that the EEOC issued a you a No Probable Cause finding and a Right to Sue (RTS) letter is of no surprise. You now have 90 days from the date you received the letter to file a claim, otherwise, you may lose the chance to file a federal claim and may be stuck with NY and/or NYC causes of action (if they apply to your case). You should definitely speak to a Labor & Employment lawyer to determine if you have a case and if it is worth going forward. Good luck!

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  • I was fired for what was described to me verbally as talking badly about other security guards and supervisors and security dir.

    These were discussions with other security guards and the conversations were two way so it could fall under the context of "congregating and/or gossiping with other Security officers on duty" listed as a violation in the company's Security Officer...

    Jose’s Answer

    As mentioned by my other colleagues, New York is an at-will employment state, which means that your employer can fire you for any reason, or no reason at all, as long as it in not an unlawful reasons (i.e. fired because you are a woman). That being said, you mentioned a "Security Officer Guide." Is it a collective bargaining agreement - contract between your union and the employer? If you are a member of a union, that may be what the guide is. If you are a union member, then you should go to your union ASAP and explain what happened so that the union can look into the incident and possibly file a grievance on your behalf. Good luck!

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  • I'm an owner being sued for $50,000 for negligence of hiring a mover. The customer said he threated her 2 weeks after the mover.

    I was a private contractor for U-Haul in which I was running a friends and family operated moving company 3 years ago. The customer has me going to trial in October for this case. I don't understand why the judge is going through with this case, b...

    Jose’s Answer

    You need to speak to an attorney right away. There may be several issues such as (1) was the individual an employee or independent contractor (2) whether his actions were within the scope of his employment? Hiring an attorney will potentially save you a lot more money than a money judgment against you would.

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

    Occasionally My boss touches me inappropriately and makes sexually suggestive comments towards me. at the office. i let him do it because I want to keep my job. Lately i've been very distant from him because I'm hoping it wil just stop but I am af...

    Jose’s Answer

    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.

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  • Sephora petty theft charge

    I was caught stealing $500 from Sephora over two years ago. I completed my community service, paid a fine, and have not been in trouble since. I'm not sure if if was dismissed or not. How can I find out if this would turn up in a background check...

    Jose’s Answer

    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.

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

    Two years ago I stole clothes from Macys. They gave me a court date. I never showed up. I now have a warrant out my arrest.

    Jose’s Answer

    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.

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

    I read some articles saying that i could pay $2.13 if the employee earned tips bring his hourly salary to $7.50/hours. But i am not sure if i understand well. Thank you for any advices. This payroll tax is getting unbearable for my company.

    Jose’s Answer

    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.

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