Robert T. Szyba’s Answers

Robert T. Szyba

Employment / Labor Attorney.

Contributor Level 6
  1. How can I collect Unemployment?

    Answered over 3 years ago.

    1. Robert T. Szyba
    1 lawyer answer

    Usually, if you quit your job you cannot collect unemployment. But in certain circumstances, it is considered "constructive discharge" if the conditions at work are so bad that you are forced to quit. Then, you may qualify for unemployment even though you technically left your job are were not fired. Also, note that if you were to get a new job and then try to get fired, depending on what you do to cause your termination you may be precluded from collecting unemployment anyway. There may be...

    1 lawyer agreed with this answer

  2. FMLA Denial

    Answered about 3 years ago.

    1. Thomas Brett Duffy
    2. Robert T. Szyba
    2 lawyer answers

    The FMLA itself does not provide a time limit to appeal a denial of FMLA leave, but your employer's policy/handbook/contract may provide for certain requirements. Additionally, FMLA leave issues can sometimes be an symptom of discrimination/retaliation based on disability. If you are still employed, it may help to speak to someone to make sure all of your legal rights are protected. If you would like to speak in greater detail, feel free to contact me.

  3. How many hours should be in between a work shift in a 24 hour period?

    Answered about 3 years ago.

    1. Robert T. Szyba
    1 lawyer answer

    There is generally no restriction on how many hours you can work in a 24 hour period. Of course, if you work over 40 hours per week as a non-exempt employee, you should be paid overtime.

  4. An employer mischaracterizes between $1-3 million in earnings it did not report as income. Is this a whistler blower case?

    Answered about 3 years ago.

    1. Angelo Jamie Vasquez
    2. Robert T. Szyba
    3. Henry Daniel Lively
    3 lawyer answers

    As my colleague pointed out, whistleblower cases in New Jersey are often brought under NJ's Conscientious Employee Protection Act (CEPA). Once you blow the whistle, the statute prohibits your employer from retaliating against you. Typically, this would take the form of being fired, demoted, etc. If you have not "blown the whistle" yet, your specific circumstances may be such that you also fall under the protection of federal laws and regulations. There are several federal whistleblower laws...

  5. Can my boss discuss my medical conditions with other employees?

    Answered over 3 years ago.

    1. Robert T. Szyba
    2. Erik Hammarlund
    2 lawyer answers

    As my colleague assessed, your question raises concerns regarding whether your employer's conduct was legal. Unfortunately, there are not enough facts in the inquiry to conduct a thorough analysis to make a more accurate determiantion. If you are interested in discussing your situation further, please feel free to contact me. Robert T. Szyba, Esq.

  6. What can I do against a wrongful termination working for an employer of new Jersey and working as a contractor in Ontario Canada

    Answered over 3 years ago.

    1. Robert T. Szyba
    1 lawyer answer

    To the extent that there is a contract at issue between A and B, the contract itself may set forth the procedure the parties are to follow in the event of a dispute. The first place to look for answers will be the contract itself. If the contract does not specify, there will likely be viable arguments to be made to apply NJ law because that was the location of the employer, or alternately Canadian law because that was where A physically worked. The rights and remedies are very different under...