Archived
Can an employer give you time off of work for failure of a drug test and return you to work with out a follow-up test?
Harvey's answer
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Answered on January 08, 2017
Failing the drug test takes you out of any protection under the ADA or NY law. But maybe you are entitled to the bonus for other reasons. What is...
Archived
Can an employer, in New York, mandate an employee to work 11 days straight?
Harvey's answer
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Answered on January 08, 2017
Technically, under the one day in seven rule, an employee could be scheduled to work 12 days straight with no days off. This could happen if they...
Archived
How many days of being sick is required to get a doctors note
Harvey's answer
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Answered on January 08, 2017
This varies from employer to employer. It could be set forth in a collective bargaining agreement or an individual employment contract (if you...
FMLA interference
Harvey's answer
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Answered on January 08, 2017
I wouldn't say this is untimely by itself. Did you start at 8 or 8:30 during those two weeks? If the employer didn't have the FMLA request or the...
Can I sue my ex-employer for breach of (employment) contract?
Harvey's answer
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Answered on January 08, 2017
I agree with much of what you've already been told. If you are still working there, suing your employer will likely make the work environment even...
Archived
My wife worked for 2 years and broke her back day before thanksgiving and was let go 2 weeks later is that illegal
Harvey's answer
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Answered on January 08, 2017
Contrary to what many people believe, there is nothing about being hurt, but itself, that makes it illegal to fire someone. As the others have...
Archived
Is it legal for an employer to terminate you if you refuse to work 13 days in a row?
Harvey's answer
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Answered on November 24, 2016
Although it is true that NY has a 1 day off in seven rule, this is based on a calendar week. So you could be ordered to work 12 days straight if,...
Archived
This Monday Nov. 14 2016 I went to the nursing home had orientation got fired the next day
Harvey's answer
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Answered on November 24, 2016
In addition to suing in small claims court, you could also go to the Department of Labor. If they did this to you, they may have done this to...
Archived
I was terminated from my company. Can I legally advise their clients I was terminated?
Harvey's answer
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Answered on November 24, 2016
Did you sign any agreement limiting what you can say or do with respect to clients? If so, check this carefully as it could cover your activities...
I need to have surgery, can my employer fire me?
Harvey's answer
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Answered on November 24, 2016
Unfortunately, because you were just hired in January, you have not been employed there long enough to be covered under the Family Medical Leave...
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