It depends on the employer's written policy. In the absence of a policy saying that vacation time is NOT paid out on termination, unused vacation...

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...

Lack of response from your own attorney

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...

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...

Won't hire based on my sex

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...

Can an individual be terminated from a job because they smoke cigarettes on their own time?

Respectfully, the prior posters are incorrect. NY has a law protecting employees from retaliation for off-duty legal activities, including...

My question is about payroll deductions

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...

If I have a signed contract with my employer that I am to work a 40 hour week and I exceed that, do I get overtime?

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...

Once I report misconduct of a supervisor, am I protected under the whistleblower law?

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...

Can I sue the employer or company for not giving breaks to the employes ?

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...