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NewYorkEmploymentAttorney

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  1. Yes, legally in New York State an employer can make a mistake. That being said, if you show he/she that you did not receive the text message then there is a good chance they will not write you up.
  2. It depends on the depth and quality of the check, but any check worth its salt should show up an active warrant.
  3. The answer to your question lies in the collective bargaining agreement and any terms and conditions supplied by the employer.
  4. If your husband is working in New York State certain formalities must be observed before changing his rate of pay, as per the Wage Theft Prevention Act.
  5. The answer to your question will, unfortunately, depend on the State in which you are employed.
  6. Unfortunately, in New York State nepotism and favoritism are not illegal. If you feel that the actions taken against you were instead motivated by discrimination then you may have a viable claim if you are located in New York State.
  7. In New York State, if the company observed all the formalities required to complete each change in salary then there would be no legal recourse here.
  8. In New York State a 40% pay cut may qualify as constructive termination and could potentially allow you to collect unemployment benefits even if you refuse the work at the reduced rate.
  9. The manager may be referring to a company mandate within the New Jersey district of the company. Sadly, if this matter was in New York, it is largely irrelevant if the law is valid or not as the employer can set the conditions of employment barring some agreement to the contrary.
  10. You may be better served speaking to an experienced accountant or a taxation attorney, this would not normally be considered an employment law matter.
  11. I believe they are holding your first weeks pay. It's fairly standard in New York State.
  12. This is a tough question, if the pregnant worker is experiencing a pregnancy related disability then the answer may be that they are due a reasonable accommodation. This could include diabetes or blood pressure conditions brought on by the pregnancy, etc. That being said, if you are in New York State and you are simply experiencing a normal pregnancy then no I do not think that being 3 to 5 minutes from a bathroom would create a strong pregnancy discrimination claim. It might, however, be a failure in building codes.
  13. I would suggest setting up an appointment to go in, meet with someone in HR with the authority to change your status in the system and get to the bottom of this.
  14. If you are in New York State, this is a clear violation of the Wage Theft Prevention Act: http://www.labor.ny....ion-act-faq.pdf No matter where you are, my recommendation for you is to schedule a free consultation with an experienced employment attorney. Your employer should not get away with this!
  15. It sounds like you may be the victim of disparate treatment due to your national origin. I would suggest contacting an employment attorney to arrange a free consultation and go over the details of your case to help determine how strong your claim is.
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