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Thomas A. Ricotta
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Thomas Ricotta’s Answers

747 total


  • Do employers in NYC have to pay overtime if you work more than 40 hours/week as a secretary?

    I am a secretary in a nursing home in NYC, and I often work more than 40 hours a week and either they do not pay me for the hours worked over 40 hours, or if they pay me, they do not pay me an overtime wage. I have been working for this employer f...

    Thomas’s Answer

    This sounds like a claim and you should contact an employment attorney to discuss it further as soon as you can.

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  • Can I sue the post office for sexual harassment?

    My supervisor showed a lot of favoritism towards me when I started. He then became inappropriate, wanting me to take trips with him and implying that I needed to sleep with him in return for how well he treated me at work. I tried to laugh the com...

    Thomas’s Answer

    This absolutely sounds like sexual harassment. As one of the prior posters mentioned, claims against federal governmental entities are handled a little differently and have shorter windows by which you can pursue them, so you should contact a local employment attorney immediately.

    Here is a link that outlines the process and the deadlines you have (which includes 45 days from the adverse action by which to take the first step): https://www.eeoc.gov/federal/fed_employees/complaint_overview.cfm

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  • Can I Sue for defamation?

    I used to be in employee at Walmart for over a year and a half I was terminated for sexual harassment for which I was totally lied on. So when I went through all the step processes of the open door policy they changed it from sexual harassment 2 ...

    Thomas’s Answer

    If the woman made false statements that she knew were false with malicious intent then you may have a claim for defamation that you can pursue against her. I do not see a defamation claim against Walmart though, if you are looking for a claim against the company.

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  • If our job description changed and we are represented by a union can we negotiate a raise. My job title is not in the Union Book

    My job description changed. I am represented by a union. Our job title is not in a union book. We are now certified by the state to perform our jobs and must perform other duties that the state requires us to. Our original job description did not ...

    Thomas’s Answer

    Any fight you have on this would likely be through the union and the CBA in place. If they do not think there is recourse, then there very well may not be recourse, but you may want to talk to a local employment attorney and have them review things in order to assess things.

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  • Is it legal for my employer to smoke inside our building of employment?

    I have bronchitis and my employer smokes cigarettes in our building all day everyday. I hater the smell of the smoke and it makes me cough and irritates my sinuses but I really need my job. What can I do to get them to stop smoking at the workplace?

    Thomas’s Answer

    New York has a Clean Indoor Air Act, which prohibits smoking in virtually all workplaces, so the conduct is not legal. You can request that he cease smoking, and indicate that it negatively impacts your health. Truthfully though, you may be best served by consulting with an employment attorney before you do so in order to either have them send a cease and desist letter or to have them at the ready in case your employer retaliates against you.

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  • Can you be terminated after being given a performance improvement plan on July 12, for the month of July?

    I work in sales and was given a PIP on July 12, 2016, for the month of July. It stated I was to meet 95% of quota. July sales were low and I did not make the 95% and was terminated. Is this legal?

    Thomas’s Answer

    If you do not have an employment contract and are not in a union, you are likely an employee at will. If that is the case, unfortunately they can take this action. The only caveat to that would be if you think that they put you on the PIP and then terminated you shortly thereafter, due to a discriminatory motive. If you think that is the case, you should contact a local employment attorney. If you are in fact in a union, you should reach out to them and inquire about the potention to grieve the decision.

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  • How does one file an anonymous complaint with the NYS department of labor? What are the criteria for filing?

    I work for a health center. We are out of compliance. Our CEO does not seem to care. He is belligerent, stubborn, and narcissistic to the point that he throws a wrench in all processes for the simple reason of maintaining control. He has threatene...

    Thomas’s Answer

    You may want to discuss the situation with, and possibly retain, an employment attorney to help guide you through that process. There are circumstances where you, as the reporter of fraud or violations of law, could recover some damages.

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  • Can a Sales Manager at a Car dealership call your employer to pressure, because I Did not chose to purchase a car from them.

    I work and manage a store which is also a vendor for a local Dealership. I was looking for a new car and decided to stop by the Car dealer that my job does work for. After a couple hours of negotiations, the deal fell through the cracks and I deci...

    Thomas’s Answer

    You likely have a claim and should contact a local employment attorney to discuss it further.

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  • Do I have a case

    My wife worked for the state of wyo. Was diagnosed with stage 4 ovirian cancer,she was under the influence of narcotics and was pressured by her employer to replace her. She was upset and didn't know what to do.she worked there for some time and w...

    Thomas’s Answer

    You should immediately contact a local employment and/or estate attorney to discuss this. You definitely may have statute of limitations issues.

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  • Do I have to sign the document? Can they terminate my employment if I refuse to sign? Is it enforceable?

    I work for a very large international corporation. The company has told all of us to sign a document labeled as a confidentiality, assignment of intellectual property, and non-solicitation agreement. Signing it takes away my right to divulge infor...

    Thomas’s Answer

    You do not have to sign, but they are allowed to make signing it a condition of continued employment, so they could terminate you. As to whether all the terms would be enforceable, that would be something that would require an attorney to review the document in detail in order to truly give you an assessment.

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