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Brian L. Greben

Brian Greben’s Answers

544 total

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  • My former employer has not paid me?

    Brian’s Answer

    Social media entries, WhatsApp chats, and photos can be used as evidence depending upon the specific circumstances. I'm not sure I understand the rest of your question. If you think you are owed money for work you did, you should contact an employment/labor attorney for a consultation.

  • Seek help in getting my overtime and severance payment from my employer.

    Brian’s Answer

    It certainly sounds like you are owed both compensatory and liquidated damages for unpaid overtime. You should contact an experienced labor/employment lawyer and ask about a consultation.

  • My employer didn't pay for me overtime on labor day so How can I make a complaint and will I get anything?

    Brian’s Answer

    The duty to pay overtime wages isn't triggered by working on particular days, it's based on the number of hours you work per week. Any worker who isn't exempt under NY and Federal labor law is entitled to be paid 1.5 times his regular hourly rate for any hours worked after having already worked 40 hours in a given week. You can work holidays, weekends, etc., but you won't be entitled to OT if you don't work over 40 hours per week. A non-exempt worker who works 45 hours in a week will be entitled to OT for the last 5 hours.

  • Can a summer job fire you for your personality (have text message) without any warning? ?

    Brian’s Answer

    Theoretically they can file her for her personality, in the sense that firing someone because you don't like him or her is not unlawful in and of itself. What IS unlawful is firing a woman because she doesn't dress or act in a manner that pleases her employer's sexist ideals. And criticizing a woman because she doesn't "smile" is often viewed as a sexist critique. It would probably be worth your daughter's while to sit down with an experienced employer/labor attorney to discuss her situation.

  • Can you sue even working off the books ?

    Brian’s Answer

    yes she can.........................................................

  • If I started working before my official start date, can I get those unpaid wages?

    Brian’s Answer

    He probably owes you your unpaid wages, as well as liquidated damages in an amount equal to the unpaid wages. He may also owe you additional amounts in statutory penalties. You should contact an experienced employment/labor attorney.

  • Is there in any way to save my job

    Brian’s Answer

    There's no way to provide an answer to that question based on the limited information available in this public forum. One thing to keep in mind is that if you resign, you will likely be ineligible for unemployment benefits.

  • My manager was constantly mocking my foreign accent and saidracist remarks and stereotyped me. Can i sue my employer?

    Brian’s Answer

    It certainly sounds like it would be worth your time to have a consultation with an employment/labor attorney.

  • Seasick guests on a fishing charter boat trip with bad weather, captains obligation to cancel and return to shore?

    Brian’s Answer

    I doubt it. The boat captain obviously can't control the weather, and reasonable people know that if you go on a boat, you might get seasick.

  • Do I have grounds to sue my employer?

    Brian’s Answer

    The person you described sounds like she may be a bad person and an incompetent boss...but neither of those things are against the law. Discrimination is against the law if it's against someone in a protected class, but that does not appear to be what you're asking about.