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Jeffrey Risman
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Jeffrey Risman’s Answers

81 total


  • I work for a princess party company that recently decided that models have to "volunteer" up to once a month or get fired.

    Recently the company has gotten warnings from Disney for copy write infringement but got out of paying some fines because they had donated some money to charities in the past. Now we are told that the company will be doing free work for charities ...

    Jeffrey’s Answer

    If it was your choice to volunteer, you would not necessarily be entitled to a minimum wage, but being that this is being forced upon you, there seems to be some impropriety here. Most definitely contact an employment attorney to discuss your situation in more detail.

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  • My boss called me a fat Jew today. What legal options do I have?

    It was in a professional setting during work hours. He said it while drink, and there was a witness.

    Jeffrey’s Answer

    Your best option at this juncture is to contact an employment attorney and discuss what can be done to preserve your rights.

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  • In NY, is the employer obliged to pay the employee for paid vacation days not used when the employee leaves the company?

    The handbook only indicates that an employee will receive final payment when they leave the company according to state law. The handbook states that employees are eligible to take vacation after 6 months. However, in practice, employees have been ...

    Jeffrey’s Answer

    There is officially no law in New York State that requires that employers pay out vacation days either in the case of termination or voluntary resignation. The company's handbook/policy would be the only place to look to see how vacation days are handled.

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  • Is it legal for my former employer to terminate my employment while I was out on disability

    was out on disability for 20 wks

    Jeffrey’s Answer

    It depends. What your employer is required to do is engage in an interactive process to discuss any requested accommodation for your disability, i.e, a medical leave. Had you applied for FMLA prior to going out on leave? You should contact an employment attorney immediately to best determine whether your rights were violated and whether any corrective measures can be taken at this point. Good luck.

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  • I have a feeling I am about to be fired, how do I protect myself while I still work there?

    I have been sick lately due to my disability and not only I wasn't paid for my sick days, they are looking to fire me any day now, trying to find another excuse to make it seem like it's not due to my disability. While I still work here, how do I ...

    Jeffrey’s Answer

    Most of the employment attorneys on Avvo offer a free consultation to discuss a prospective client's particulars. There is no question that time is of the essence here and it's in your best interest and in the interest of any potential preservation of your rights to contact an attorney right away.

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  • Hello, I have a question in regards to labor action against a former employer.

    I was guaranteed full time work at a company , then let go within two months. Prior to accepting the position I was an owner operator who owned my own trucking vehicle. Because of the guarantee of full time work at the said company I cancelled my ...

    Jeffrey’s Answer

    Now, when you say that you were guaranteed work at a company, were you given a contract that specified that language? If not, New York is an at-will employment state and no one is guaranteed a position for any specified time, unless contracted to the contrary.

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  • Can a company fire you without giving you a notice with reason that you are not a fit/match for the company?

    I have been let go from my company and the only reason that they could give was that i was not a fit for the company. It appears that they have been doing it previously. They seem to over-hire and they fire employees with the reason that they are ...

    Jeffrey’s Answer

    New York is an at-will employment state. Generally, an employer may terminate an employee for any reason lunless there is a discriminatory motive (and you're a member of a oriented class of individuals) and/or the termination is in retaliation for a complaint of discrimination.

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  • I'm wondering if we have a wrongful termination case or if we can save his job or get compensation for emotional distress.

    My husband has worked at his job for over 2 years. He had never had a performance review (this is a large institution). 2 months ago he was called into meeting and told he had 60 days to fulfill multiple tasks or he would be fired due to poor per...

    Jeffrey’s Answer

    The best thing for your husband to do at this point is to contact an employment attorney in your area to flesh out more facts. You can use the FInd a Lawyer link at the top of the page to find one of the many qualified employment attorneys here on Avvo.

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  • What does a racial discrimination case pay at a job

    I have a racial discrimination case going on right now in the state of New York and i was just wondering what a ballpark figure would be for a case of this magnitude

    Jeffrey’s Answer

    That's really an impossible question to answer even if with the particulars of your action. If you have an attorney, you can go over an assessment of what the damages can be, which can be in the form of wages, compensatory damages and possibly punitive damages.

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