Can I be forced to take on a second FT position that I was not hired for? If I refuse, can I legally be fired in NY
Yes, they can require this of you or terminate you if you do not want to take on the different position/role.
Long Island City, NY
Employment and labor Lawyer at Long Island City, NY
Practice Areas: Employment & Labor, Discrimination ... +3 more
Yes, they can require this of you or terminate you if you do not want to take on the different position/role.
There does not appear to be a claim here that you would be able to pursue, unfortunately.
You should file an appeal of the DOL determination as it seems pretty clear that you will be ultimately deemed eligible for the benefits. As for...
In short, you can't be forced to take a position, but they can fire you if you decline to do so, as NY is an employment at will state.
If you believe they violated rules, procedures, or the law, you may seek to file an Article 78 petition challenging their actions.
You certainly will need an attorney to assist you with this and, at least as an initial matter, to review the non-compete and discuss the situation...
Yes. You should not forge a dr. note. Why not just get one from your dr?
I'd recommend asking for the supervisor's email and communicating via email so you have a paper trail of your efforts.
You can probably just write a letter to the judge, and I would copy the attorney on the letter.
I am sorry you are dealing with what you are. You absolutely should contact an experienced employment attorney to have them help you with this...