Skip to main content
Brian L. Greben

Brian Greben’s Answers

488 total


  • I was terminated for having “inappropriate text/conversations” with a student during off hours. ?

    Brian’s Answer

    Yes (assuming the employer did not have a discriminatory motive that you didn't mention in your question).

    See question 
  • Do I have a good case?

    Brian’s Answer

    Your termination was only unlawful if it was done for a discriminatory or retaliatory reason -- i.e., if it was based on your race, age, gender, medical background, etc., or if it was in retaliation for making a complaint about one of these things. If, however, your former employer wasn't paying you or others at minimum wage, or wasn't paying overtime at a premium rate, he may be liable under federal and state law (assuming the workers in question were not "exempt," which is very fact specific). Generally, employers who fail to properly pay minimum wage or overtime owe the amount of the underpayment as well as an additional, equal amount, called "liquidated damages."

    See question 
  • My wife received flowers in the mail while she was on her 3 day trip.

    Brian’s Answer

    It sounds like you need a private investigator.

    See question 
  • Work two offices(different names) but same employer. Two separate checks but he says I don’t qualify to get paid over time.True?

    Brian’s Answer

    There are a number of different factors that must be considered. If the two businesses do the same thing, share funds, share employees, advertise together, etc, odds are they are essentially the same business and your hours should be added together.

    See question 
  • What can I do when I have been suspended for slurred speech accusation from HR Director?

    Brian’s Answer

    I agree with my colleague that this may or may not have been discrimination, and that there are many issues and facts that need to be considered. You should contact an experienced labor/employment attorney.

    See question 
  • If it's legal to tip pool according to Port Authority?

    Brian’s Answer

    Under proper circumstances, tip pools can be legal. Only employees who are eligible for tips may receive a share of the pool.

    See question 
  • Sue NYU?

    Brian’s Answer

    Employees in NY are almost always "at will," which means they can be fired without reason. Unless your termination was discriminatory (on the basis of things like race, religion, gender, age, medical history, etc.) or in retaliation for trying to support your or someone else's rights with respect to these issues, it wasn't unlawful.

    See question 
  • Do I need to pay back this money?

    Brian’s Answer

    If you accepted it from a customer as payment for whatever it is your job provides or does, your boss can't deduct the value of it from your pay; that would be an unlawful deduction.

    See question 
  • How do I handle a non-compete based cease-and-desist work letter from previous employer who terminated me in/for Covid pandemic?

    Brian’s Answer

    A lot will depend on the circumstances. Is your new job geographically near your old job?

    See question 
  • Employment labor laws ?

    Brian’s Answer

    You should find an experienced employment/labor attorney on Avvo and give him or her a call. Many of us provide free consultations. It definitely sounds your workplace has some issues to be discussed.

    See question