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New Employment Legal Questions - New York

How can I sue and prove a retaliation firing?

Your question and scenario included therein smacks of a retaliation firing.  The circumstantial evidence of a) your attempts at unionizing, b) failing to take a layoff, c) unfounded theft accu

MTD, Member, California Bar answered 2 years ago

Is a selective pay freeze (not applied across-the-board to all employees of the company) discriminatory?

As a general matter, companies may treat different job functions or classes of workers differently. Thus, a pay freeze for some but not all employees is allowed, except:

1) If the pay freez

SJZ, Member, New York Bar answered 2 years ago

State claims that our contractors are employees and are requiring us to payback withholding taxes, how do we handle a trial?

Yes,  you probably should retain an attorney. The potential liability is very large--not just the taxes you would have paid were they employees, but also penalties and interests. You would wan

SJZ, Member, New York Bar answered 2 years ago

Not getting overtime pay - wage and hour issue.

All employees receive overtime unless they are specifically exempt--employers may not change this rule or have a different policy, since it's the law. Being paid on a salary basis is part of being

SJZ, Member, New York Bar answered 2 years ago

UNSAFE WORKING CONDITIONS -- I started a new job and then learned I had to park and then walk past 53 bay doors with tractor trailers everywhere. No walkway available.

Probably you do not have any recourse. While, as MTG suggests, you can and should file a report with OHSA, I do not believe that a crowded parking lot--even one with tractor trailers manuevering&nb

SJZ, Member, New York Bar answered 2 years ago

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