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Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 19675
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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I recently asked my manager about NYS paid sick leave. I've

Customer Question

I recently asked my manager about NYS paid sick leave. I've been working for this company for almost 2 years and have not received any paid vacation or sick days. The owner recently split up payroll and employees so on paper is seems as if it's 2 different companies and it puts her number of employees for both companies just under the requirements. But all of the employees work for both "companies" and we are told over and over if we can't we will be let go. So I was going to file a complaint but ever since I asked the question I've been in constant trouble as if they se building a case on me to fire me. It's stressing me out to the point I feel sick going to work because I know every single day it's going to be something new. They made new rules all targeted at me like it's too much. Is there anything I can do? I am in no position to just quit and they know that.
Submitted: 5 months ago.
Category: Employment Law
Expert:  Marsha411JD replied 5 months ago.


Thank you for the information and your question, however, I need some clarification before I can answer it. Do you work in New York City itself? About how many employees does your employer have (break down between the two companies), what kind of business is this? I will be away from my computer for some of the day, but will respond as soon as I can once you provide that information.

Customer: replied 5 months ago.
I work in New York City. It's a retail store. There are two locations right now with one manager over both locations and all employees are required to work at both locations. In total it's 7 employees but after she split the companies and payroll up makes it look like 3 and 4.
Expert:  Marsha411JD replied 5 months ago.

Hello again and thank you for your reply. Although there is no way I could say what the result would be if you filed a complaint with the City or filed suit under the law, since I don't have all of the facts from your employer's perspective, if your employer is intentionally changing the company structure to avoid having to comply with the paid sick leave law, they could be sanctioned and you would have the right to that paid leave.

In other words, under the law, as you appear to already be aware, they need only 5 employees to be subject to the law. Again, without seeing their corporate documents and knowing how the City or a court would interpret them, I can't say with certainty you would prevail, but it is worth pursuing. Your employer cannot lawfully terminate you for asserting your rights under the paid sick leave law. If they did discipline or terminate you, then you would have a wrongful termination claim against them.

If you have not already read all of the information at the Department of Consumer Affairs site on the law and how to file a complaint, you can find it at the following link:

Please keep in mind, this is not a paid vacation law, only sick leave, unless the employer lumps all leave together in the form of PTO. They they must offer at least the same number of days as required under the sick leave law.

Please feel free to ask for clarification if needed. Thank you

Expert:  Marsha411JD replied 5 months ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 1st. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me even if the news is not good. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at:

Thank you.

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