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Bruce McBrien

Bruce McBrien

Long Island Employment
  • Employment Law
  • New York
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Practice Area
  • Employment Law
  • Free Consultation
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Jurisdictions Admitted to Practice
New York
U. S. District Court - Eastern District
Wake Forest University
Touro College Jacob D. Fuchsberg Law Center
Fairfield University
Professional Associations
National Employment Lawyers Association/New York
Nassau County Bar Association
Activities: Labor and Employment Committee
Suffolk County Bar Association
State Bar of New York # 5154208
Websites & Blogs
McBrien Law
Legal Answers
7 Questions Answered

Q. I was terminated from a county job without being given the chance to refute the allegations from my former employer
A: If you are a state employee you should review your collective bargaining agreement to determine what steps should have been taken prior to your dismissal. It would be best to contact an employment attorney who understands civil service employment law and have them review the agreement with you. Usually an initial consultation is no charge.
Q. Forced to work for a second company for free
A: You should not be working for free. Your employer is required to pay you for every hour worked. You should let you know know what you are being paid per hour and how many hours you work every week. You should speak with an employment attorney to make sure you are being paid properly. A reputable employment attorney will not charge you to listen to you describe your situation.
Q. If appointed in one area, but then taught in another, can I get tenure by estoppel before I am certified in the other?
A: The first question I would ask is if you are a member of a Union. If you are a member of a Union, the answer to your question is probably in your collective bargaining agreement. You should read it carefully or contact a labor attorney to review the agreement.
Q. NY State: I thought am ineligible for unemployment benefits but it turns out that I am. Can I file retroactively?
A: You can still file for benefits but it will be difficult to recover if you did not file for your weekly benefits over the past 3.5 months. The Department of Labor requires that you file for benefits every week, even when you have been denied and are trying to overturn the decision. In NY State you are entitled to 26 weeks of benefits during the year so you may get benefits going forward if you are still out of work, you have not lost those weeks. It's not clear from your question if you have been granted benefits. You should call an attorney who understands unemployment law and review all the details.
Q. We are a small landscaping company. We are being sued by a former employee who has made untruthful claims about us.
A: You only pay their legal fees if they are successful. However you are responsible for your attorney's fees. Collect all pay records for the employee and review the records with your attorney. There are numerous requirements you must meet to show you have been paying the employee properly.
Q. Can an employer make a salaried employee work over the hours agreed in the salary without more compensation pay?
A: That depends on your job duties. Your job duties determine wether you are an exempt or non-exempt employee which helps determine if you are entitled to overtime pay. You should consult with an employment attorney so they can determine your rights.
Q. How long does an employer have to explain calculations for docking pay?
A: Generally, in New York state, no employer can make deductions from the wages of an employee, except deductions made in accordance with the provisions of any law or any rule or regulation issued by any governmental agency, collective bargaining agreement, to recover an overpayment of wages due to mathematical or clerical error, or when expressly authorized in writing by the employee and for the benefit of the employee. There is no time limit an employee is required to wait prior to taking action to recover the relevant wages. Based on the limited facts supplied you should contact an employment attorney and take action.
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Hauppauge, NY 11788
Telephone: (631) 406-9799