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Robert T. Szyba

Robert Szyba’s Answers

6 total

  • FMLA Denial

    I was denied a short term FMLA. I do not agree with the reason I was denied; How long do I have to dispute the denial. I am very seriously considering retaining a Labor Attorney. Thank You

    Robert’s Answer

    The FMLA itself does not provide a time limit to appeal a denial of FMLA leave, but your employer's policy/handbook/contract may provide for certain requirements. Additionally, FMLA leave issues can sometimes be an symptom of discrimination/retaliation based on disability. If you are still employed, it may help to speak to someone to make sure all of your legal rights are protected.

    If you would like to speak in greater detail, feel free to contact me.

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  • How many hours should be in between a work shift in a 24 hour period?

    I worked 3pm-11pm then 7am-3pm back to back.

    Robert’s Answer

    There is generally no restriction on how many hours you can work in a 24 hour period. Of course, if you work over 40 hours per week as a non-exempt employee, you should be paid overtime.

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  • An employer mischaracterizes between $1-3 million in earnings it did not report as income. Is this a whistler blower case?

    Through clever accounting manipulation an establishment over a decade and hundreds of transactions did not claim income for up to $3 million and reported that income as employee wages that they actually did not receive therefore transferring the t...

    Robert’s Answer

    As my colleague pointed out, whistleblower cases in New Jersey are often brought under NJ's Conscientious Employee Protection Act (CEPA). Once you blow the whistle, the statute prohibits your employer from retaliating against you. Typically, this would take the form of being fired, demoted, etc.

    If you have not "blown the whistle" yet, your specific circumstances may be such that you also fall under the protection of federal laws and regulations. There are several federal whistleblower laws that apply to specific industries or in specific circumstances, and the US Tax Code may provide recourse based on the fraud committed on the government by fraudulent tax filings.

    Please feel free to contact me to further discuss what options you may have. Office: (973) 509-8500.

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  • How can I collect Unemployment?

    Currently have been at my job since 2008. I hate it so much, i've made complaints to HR, had problems with the girls I work with-they made gestures to physically harm me-called HR and made a phone complaint. Next, me and two other girls complained...

    Robert’s Answer

    Usually, if you quit your job you cannot collect unemployment. But in certain circumstances, it is considered "constructive discharge" if the conditions at work are so bad that you are forced to quit. Then, you may qualify for unemployment even though you technically left your job are were not fired. Also, note that if you were to get a new job and then try to get fired, depending on what you do to cause your termination you may be precluded from collecting unemployment anyway.

    There may be deeper issues relating to why you are being harassed and targeted. Although it's not illegal to be a jerk, certain types of harassment are prohibited (i.e., sexual harassment).

    Feel free to call my office if you would like to discuss you situation in greater detail.

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  • Can my boss discuss my medical conditions with other employees?

    I have been diagnosed with depression. I had a candid conversation with my employer. I believe he has discussed my conditions with my co-workers. Is this legal?

    Robert’s Answer

    As my colleague assessed, your question raises concerns regarding whether your employer's conduct was legal. Unfortunately, there are not enough facts in the inquiry to conduct a thorough analysis to make a more accurate determiantion. If you are interested in discussing your situation further, please feel free to contact me.

    Robert T. Szyba, Esq.

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  • What can I do against a wrongful termination working for an employer of new Jersey and working as a contractor in Ontario Canada

    Myself "A" was being hired as a contractor/consultant to work in ontario, canada by a new jersey based company "B" for a period of 6-9 months. "B" was provding human resources to company "C" and further "A" was working for "C"'s client "D" at his ...

    Robert’s Answer

    To the extent that there is a contract at issue between A and B, the contract itself may set forth the procedure the parties are to follow in the event of a dispute. The first place to look for answers will be the contract itself. If the contract does not specify, there will likely be viable arguments to be made to apply NJ law because that was the location of the employer, or alternately Canadian law because that was where A physically worked. The rights and remedies are very different under NJ law and Canadian law. Next, it appears that A worked for C, but at D's location. Under US and/or NJ law, there is a possibility that C and/or D could be considered "joint employers." Unfortunately, there are critical facts missing in the question that prevent proper analysis. Feel free to contact me at my office to discuss this matter further.

    Robert T. Szyba, Esq.

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