Can I collect unemployment if I am given the option of a garden leave? And can I accept another job opportunity in this time?
Matthew's answer
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Answered on January 19, 2022
As Ms. Rubin indicated, in New York your unemployment will likely be deducted by your severance. Also in order to collect unemployment, you need...
Can my boss switch me from W2 to 1099 legally?
Matthew's answer
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Answered on January 19, 2022
Classifying someone as a 1099 or W-2 is not about what is best for the business, but which one you fall under. Based on your description, it...
What can my wife do about her employer not offering New York State sickleave and also about her employer adjusting her hourly ?
Matthew's answer
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Answered on January 19, 2022
Your wife may be able to resolve both issues by contacting the New York State Department of Labor. As My Bryant indicated, due to the tip credit,...
Can my site Mansger who is not a union employee work a post that one of us should work? We’re a union worksite
Matthew's answer
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Answered on January 17, 2022
An attorney would have to review the collective bargaining agreement to know. Have you reached out to a union rep to ask? that would be my first...
Supervisor/manager and Vice President manipulating and participating in the tip pool?
Matthew's answer
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Answered on January 17, 2022
As indicated above, generally they cannot participate in a tip pool. I would contact the New York State Department of Labor or an employment...
Is filing a whistleblowing case with MSPB bar me from filing Title VII/ Reprisal in civil court? ?
Matthew's answer
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Answered on January 17, 2022
Dealing with the MSPB is a complex situation. I recommend that you consult with an attorney who has experience before the Board before you take...
Is it considered "voluntarily" quitting when you are terminated from job because you are no longer in school?
Matthew's answer
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Answered on January 17, 2022
You can try to fight it, but it is a close case. While I understand what you are going through, a judge might find that you quit by not fulfilling...
Can previous employer withhold my pay until equipment is received and charge me for “any” damage or missing equipment?
Matthew's answer
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Answered on January 17, 2022
Mr. Bryant is correct. you are entitled to be paid for all hours that you worked. You should first reach out to the New York State Department of...
Is this enough for false arrest and malicious procecution?
Matthew's answer
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Answered on January 14, 2022
You should discuss with an employment attorney. More facts are needed to assess your claim but you may have a case.
Is there anything I can do about not getting paid for being quarantined with covid?
Matthew's answer
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Answered on January 14, 2022
As Mr. Bryant said, you need to get a quarantine order.