Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law

I have a question about my job. ive been working for

Customer Question
hello i have a question...
hello i have a question about my job. ive been working for just over 4 years in a used car dealership.since i have worked their ive seen a number of employies come and go. my boss has us work hourly then switches us to flat rate then back again when ever he feels like. can he do that? he also says no over time will be paid.can he do that? we were also made to stay home on days their was no work i had to use sick day, vacation days to cover my hours to get a pay check. begining this year 2015 he had us sing a wage document that we work hourly and no over time will be paid "per my boss" we all singed it. but we still work more than 40 hours in some weeks some guys work saturdays myself included. a month ago i took a sick day on a friday.my boss was texting one of the emoloyies about how he wanted to fire me.my service manager tex me monday morning and said "my boss told him not to schedual any work for me and to take the day off.so i did with the option of using a vacation day i chose to take a loss of pay. recently i had to go to the emergency room for a shoulder injury witch i was out last year with a shoulder injury but the other shoulder. i have been diagnosed with Parsonage Turner Syndrome a uncommon nerve damage in the shoulder. i took my doctors note in to the shop the boss was not their i gave it to the service manager and i was told that my boss is going to fire me. can he do that?
Submitted: 2 years ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 12 minutes by:
6/12/2015
Employment Lawyer: ScottyMacEsq, Lawyer replied 2 years ago
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 17,267
Experience: Licensed Texas General Practice Attorney
Verified
Thank you for using JustAnswer. I'm sorry to hear about your situation. First of all, you need to understand that NY is an "at will" employment state. At-will employment means that without a contract, you have no contractual or other right to employment with the company. The company is entitled to fire you for any reason: a good reason, a poor reason, or no reason at all--as long as the company does not fire you for an illegal reason (race, gender, age, religion, etc...). But it extends beyond firing, to hiring, promotions, demotions, wage cuts and raises, disciplinary actions, and even scheduling. Unless you can show that this was done in violation of a contract, union agreement, or a clear violation of an unambiguous and binding clause against the employer, or that it was done because of some minority status (age, race, gender, religion, disability) that you have, then they do have this discretion. Your employer can change the terms of payment at any time, so long as you have notice prior to him doing so. As far as overtime is concerned, you DO have to be paid for time worked over 40 hours a week. The employer can say that it's not authorized, and terminate you if you do work it, but if you work over 40 hours a week, the employer still has to pay, and if he doesn't, you can file an overtime claim with the Department of Labor. This is whether you're hourly or flat rate. As far as using sick time, vacation time, etc... he can do that to cover time that you don't have any work. It stinks, I completely agree, but it's legal to do so. The reason is that the law doesn't require that he provide sick time or vacation at all, and as such IF he provides it he can set the conditions on how he provides it and when he can take it. As far as firing you for your disability, you can make a claim against them for violations of the ADA (Americans with Disabilities Act) for failing to reasonably accommodate those disabilities. Here's a link for a wage claim for the overtime due:https://labor.ny.gov/formsdocs/wp/LS223.PDF You cannot waive your rights to overtime, so don't worry about what you signed. As far as filing a complaint in regards ***** ***** ADA, here's a link to that: http://www.ada.gov/filing_complaint.htm Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** luck to you!
Ask Your Own Employment Law Question
Employment Lawyer: ScottyMacEsq, Lawyer replied 2 years ago
Did you have any other questions before you rate this answer?
Ask Your Own Employment Law Question
Ask ScottyMacEsq Your Own Question
ScottyMacEsq
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 17,267
17,267 Satisfied Customers
Experience: Licensed Texas General Practice Attorney

ScottyMacEsq is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,480 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,264 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

11,887 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,773 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
I'm having trouble locating a labor law lawyer here in ABQ.
I'm having trouble locating a labor law lawyer here in ABQ. NM.know one seems to have had a case in the situation of collection of final pay check. Back in July Partrick from this site explained the s… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
A fire department promotional question. I have, the
I have, the department and the cities stance is , they will not address the issue unless someone initiates a grievance procedure. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,946 satisfied customers
I was given a promotion and raise as a supervisor and when
I was given a promotion and raise as a supervisor and when the company restructured its pay scale, my supervisor pay was not included in the restructure. I was never notified that I would lose that an… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,480 satisfied customers
I interviewed for a job promotion along with other.' I
I interviewed for a job promotion along with other … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
891 satisfied customers
If a person is an executive, non-union, not hourly wage
If a person is an executive, non-union, not hourly wage earner, are there labor laws to govern how many hours worked and if that executive has no right to take sick days? … read more
ScottyMacEsq
ScottyMacEsq
Lawyer
17,267 satisfied customers
I was promoted to a position a year ago that was at an
I was promoted to a position a year ago that was at an Executive level. I was able to perform well in the role but the ongoing and intense stress of both the work and the environment impacted my healt… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I have a question I was out for ADA leave until August 11 of
I have a question I was out for ADA leave until August 11 of 2017. Due to a car accident My employer just today put me on performance improvement plan (PIP) for the last 60 days. which cover the month of August and September meaning that covering the time while I was on leave. … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I applied for promotion for a fulltime weekend charge
I applied for promotion for a fulltime weekend charge position. Been working as a relief charge for almost 12 years and on the floor for almost total 18 years. They got somebody from another hospital.… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,992 satisfied customers
I am an rn for 25 years. With no disciplinary action. I was
I am an rn for 25 years. With no disciplinary action. I was sent for a 7 drug screen because my employer said my speech was slurred and my mouth was dry. I take blood pressure medicine and phentermine… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
As to our last conversation in July, I was approved for ADA
Hi Doug,As a follow up to our last conversation in July, I was approved for ADA protection for my degenerative disc disease. My condition continues to improve, more slowly than hoped for, but it is im… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
If a manager is against promoting within - is this not a
If a manager is against promoting within - is this not a form of discrimination or bias based on the applicants current work location … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
11,887 satisfied customers
I have been given written disciplinary action for taking
I have been given written disciplinary action for taking sick time off. I am a part time employee in AZ so I do not qualify for FMLA, and I was given no alternatives before I was written up. What are … read more
ScottyMacEsq
ScottyMacEsq
Lawyer
17,267 satisfied customers
I have a question about an ADA approval. To both. At will
I have a question about an ADA approval JA: Have you documented this or discussed it with HR? Customer: Yes To both JA: Is the employment agreement "at will," union, full time or part time? Customer: … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,946 satisfied customers
I have a question. If I request ADA accommodations. Does my
I have a question. If I request ADA accommodations. Does my company have to leave me in my current job until they find accommodations. The reason I am asking, the company wants we to move to a differe… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,992 satisfied customers
I was written up. Disciplinary action for excessive absences
I was written up. Disciplinary action for excessive absences that were under FMLa that they refused as being so because they said they didn't have proof which hadn't been passed from HR. I told them I… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Well, My company threatened to take disciplinary action and
Well, My company threatened to take disciplinary action and terminate my employment by performing my job. I'm a safety professional by career and represent a client for safety. The threat came based o… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
11,887 satisfied customers
I have a State wage and hour or labor law question relating
I have a Washington State wage and hour or labor law question relating to notifying employees about tip pooling/tip sharing? The question is do we need to provide our tip pooling/tip sharing policy in… read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
I have a Disciplinary Action Notice Action Notice Grievance
I have a Disciplinary Action Notice Action Notice Grievance letter needing proof reading, corrective spelling if needed, punctuation correction … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x