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I was laid off June 9 I received a paycheck for the week that I worked I have accrued vacation time that I was able to carryover from last year to this year is that not an entitlement
Check the employee handbook or written vacation policy - if the policy says accrued time is not paid out on termination, you are not entitled to the vacation time. If the policy is silent, or it says you do get paid for accrued vacation time on termination, you are entitled to be paid for the time. If there is no written policy, then you are entitled to the vacation pay.See question
I have an attorney "working" with me on a divorce case but his communication has been absolutely horrible. They do not return my calls, are never available, etc. I have an agreement in place so I didn't think it was a good idea to look for another...
If you do not trust your attorney and find him/her unreliable, perhaps it is time to find new counsel. We charge a lot for what we do, clients can and should expect their attorney to be responsive (within reason of course).See question
Can a prior employer give a bad reference about you to prospective employers
Of course. The only limitation on an employer's ability to give you a reference is contractual (e.g., you agree in a contract, such as a separation agreement that they will give a neutral reference) or a common law claim against defamation. If the employer makes a false statement that damages your reputation, that could be defamatory, in which case you could file a lawsuit for damages. If you are concerned about a negative reference, consider negotiating for a commitment to give you a neutral reference (e.g., they reveal only position held, dates of employment and perhaps compensation if appropriate).See question
An opening in the branch I work for is available. I was told I cannot get the position due to being a woman. The excuse is that the clientele that bank there do not work with women but there are various clientele, this group isn't the only one. ...
I think you already know the answer to your question -- of course not. You should definitely speak to an employment lawyer to go over the facts in greater detail. Do not get into the facts in any more detail in this public forum.See question
I was abruptly fired from a job as a preschool teacher because I am a smoker and apparently, the odor of smoke lingered on my body when I arrived at work. I was not given any warning for this, and was abruptly fired in the middle of the day. Thi...
Respectfully, the prior posters are incorrect. NY has a law protecting employees from retaliation for off-duty legal activities, including smoking. See http://codes.lp.findlaw.com/nycode/LAB/7/201-dSee question
If an employee has used his company credit card to violate company expense account policy, is there any federal or state law that prohibits making a payroll deduction for the overage?
Here is a link to the current NY DOL regulation regarding this issue. There is a detailed process involved, but all laid out in the regulation:
I have a set 9/5 schedule at the time I got hired. My managing director had asked if I can come in for our first Patient, and leave at the last. This turned out to be 9,10,11,12 hour days, I agreed at that time. Come January 30th, 2015 I informed ...
Whether or not you get overtime depends on whether you are paid a salary (the same amount week to week without deductions) and the duties of your position. Not every job is overtime eligible. This link will be helpful for you to determine whether you are entitled to overtime: http://www.dol.gov/elaws/overtime.htmSee question
I've had to report my supervisor for targeting me and trying to make it look like I was not doing work properly when I was doing it. She has since been trying to retaliate. Am I protected? I've kept track of everything I've done since. It is a...
It depends on what you reported. The Whistleblower law in NY protects reports of conduct that endanger the health and safety of the public, it is a very narrow law. If you reported that you were being targeted because of your race, religion, age, etc., then your report might be considered protected activity under the discrimination laws and any retaliation against you might be a violation of the discrimination laws. Speak to an employment attorney about the facts in detail (and not in a public forum like this) to get a full understanding of your legal rights.See question
I've been working for this company for almost 9 months and on a busy shift I worked eight hours straight (cook) when I asked for a break they refused to it so I had to ask again and the answer from the sous chef was" just suck it up, or quit" I d...
You are entitled to a meal break of 1/2 an hour, but NY law does not require employers to provide rest breaks (which is what I believe you are referring to).See question
25 yr veteran , never been writen up, no pt. Complaints..never in trouble at work
That determination will be up to the Department of Labor, so you should absolutely apply for benefits.See question