Free Consultation: (914) 366-7366Tap to Call This Lawyer
PREMIUM
V. Jonas Urba

V. Jonas Urba

Practice limited to Employment Law across New York State.
  • Employment Law, Arbitration & Mediation
  • Massachusetts, New York
Review This Lawyer
Lawyer Rating and Reviews
Legal Knowledge
5.0/5.0
Legal Analysis
5.0/5.0
Communication Skills
5.0/5.0
Ethics and Professionalism
5.0/5.0
Rating: 9 Justia Lawyer Rating - 9 out of 10
This is based on my experience with this lawyer in our cases.
Badges
Claimed Lawyer ProfileQ&ALII GoldSocial Media
Summary

I'm an employment lawyer with 30 years of experience based in the greater New York City area.

I have worked as a state prosecutor and as an in-house, human resources attorney. I have been associated with a number of small law firms in addition to a 200 lawyer firm. I was the human resources director conducting internal investigations for a professional employer organization. I have founded and directed 3 law firms in 3 different states.

I am very familiar with the financial services, health care, union represented civil service, manufacturing, higher education, and sales industries. In addition to federal court litigation, mediation, and arbitration I help employees and small employers with the application of employment policies and procedures. More employers choose to apply covenants not to compete, enforce trade secrets and duties of loyalty, in order to protect legitimate business interests.

One of the most challenging things we do as employment lawyers is the reality check. We tell employees that unless they work for the government, are covered by union collective bargaining agreements, or have entered private employment contracts, their employers don't need a reason to fire them. That's correct. An employer does not have to give most employees any reason when firing them. Many employees find this surprising.

I search for sufficient facts, usually proven with circumstantial evidence, to determine whether potential clients might have suffered discrimination prohibited by Title VII, the ADA, FMLA, ADEA, EPA, FRA, PDA, or unpaid wages covered by the FLSA or New York's Labor Laws.

Practice Areas
  • Employment Law
  • Arbitration & Mediation
Fees
  • Free Consultation
    Initial telephone conference.
  • Credit Cards Accepted
    All major credit cards.
  • Contingent Fees
    The facts of each case determine whether contingent fees are appropriate. Litigation always costs money and someone must pay. The type of case and amount of potential damages determine fees.
  • Rates, Retainers and Additional Information
    Fees can be flat fees, hourly fees, contingent fees, or hybrid agreements. They can include reduced hourly and multiple other combinations.
Jurisdictions Admitted to Practice
Colorado
-
Placeholder image for jurisdictions.
Florida
-
Placeholder image for jurisdictions.
Massachusetts
Placeholder image for jurisdictions.
New York
Placeholder image for jurisdictions.
United States District Court for the Eastern District of New York
Placeholder image for jurisdictions.
United States District Court for the Southern District of New York
Placeholder image for jurisdictions.
Languages
  • English: Spoken, Written
Professional Experience
Labor and Employment Attorney
Urba Law PLLC
- Current
My practice is limited to labor and employment law matters. I litigate in federal court, represent clients at administrative proceedings, and have been certified as a court mediator. Most clients do not wish to spend years in court although sometimes that is the only option.
Discrimination Attorney
Law Offices of Jonas Urba, P.A.
-
Represented the most discriminated segment of the population at that time.
Labor and Employment Attorney
Modern Business Associates, Inc.
-
EEOC, Title VII, Department of Labor, sexual harassment, employment discrimination, employer policies and procedures, unemployment, internal and external employee conduct investigations
Labor and Employment Attorney
Fowler White Boggs Banker, P.A.
-
Represented carriers and employers.
Labor and Employment Attorney
Miller Kagan Rodriguez & Silver, P.A.
-
Represented carriers and employers.
Labor and Employment Attorney
Law Office of Jonas Urba, P.C.
-
Employment discrimination, EEOC, Title VII, ADA, severance agreements, agency administrative actions, unemployment, sexual harassment, FLSA, FMLA
Labor and Employment Attorney
McCrea & Keck, LLC
-
Represented carriers and employers.
Assistant General Counsel
State of Florida Department of Business & Professional Regulation
-
Civil servant. Represented management and human resources in agency administrative actions, public employees relations commission actions, federal, state, and administrative forums.
Assistant State Attorney
20th Judicial Circuit Office of the State Attorney
-
Prosecuted criminal cases.
Education
Valparaiso University School of Law
J.D. (1988) | Law
-
Placeholder image for education.
University of South Florida
MBA (1983) | Business Administration
-
University of South Florida Logo
Indiana University - Indiana University-Bloomington
B.S. (1980) | Psychology, Business Administration
-
Indiana University - Indiana University-Bloomington Logo
Awards
Jonas Urba mentioned for helping a pregnant Planned Parenthood employee
New York Times
The New York Times published a story about pregnant employees losing their jobs at Planned Parenthood. The Times mentioned that I had resolved such a claim.
Highest Scholastic Achievement
Valparaiso University School of Law
Professional Associations
National Employment Lawyers Association, New York
Member
Current
Placeholder image for professional associations.
New York City Bar Association
Member
Current
Placeholder image for professional associations.
New York State Bar Association # 4974333
Member
Current
Placeholder image for professional associations.
Westchester County Bar Association
Member
Current
Placeholder image for professional associations.
Publications
Articles & Publications
The Glory Days of PUBLIC SERVICE
Westchester Lawyer magazine
Do Statutory Rights Mean What They Say?
Florida Bar - Administrative Law Section Newsletter
Speaking Engagements
Strategies to Protect Non-Traditional Families, University of Miami Law School / NCLR, Miami, Florida
NCLR
Florida continuing legal education workshop / seminar. Panel member / speaker.
Certifications
Florida Supreme Court Certified Circuit Civil and County Court Mediator (2004 - 2010)
Florida Supreme Court
Websites & Blogs
Website
Urba Law PLLC
Blog
Urba Law PLLC
Videos
Sales professionals in their 50s and 60s are losing their jobs. Many think age discrimination but an employment lawyer might uncover something else.Employment Law Reality Check Sales Professionals Losing Jobs

Sales professionals in their 50s and 60s are losing their jobs. Many think age discrimination but an employment lawyer might uncover something else.

Probationary teachers and administrators may have Taylor Law issues. Collective bargaining agreements should be reviewed.Employment Law Reality Check Probationary Teachers Administrators

Probationary teachers and administrators may have Taylor Law issues. Collective bargaining agreements should be reviewed.

Physician and nurse practitioner non-compete agreements. You likely have one. Ask an employment lawyer to review it with you.Employment Law Reality Check Physician Nurse Practitioner Non compete

Physician and nurse practitioner non-compete agreements. You likely have one. Ask an employment lawyer to review it with you.

Switching employment lawyers. Can you do that if you now feel you made a mistake? What to consider.Employment Law Reality Check Switching Lawyers

Switching employment lawyers. Can you do that if you now feel you made a mistake? What to consider.

No law requires severance pay in New York. Many employees think there are guidelines when none exist in most cases.Employment Law Reality Check Severance Pay in New York

No law requires severance pay in New York. Many employees think there are guidelines when none exist in most cases.

Stressed at work? Don't act before discussing your specific facts with employment lawyers.Employment Law Reality Check Stress at Work

Stressed at work? Don't act before discussing your specific facts with employment lawyers.

New York City's Human Rights Law gives employees much more protection. If you work in any of the 5 Boroughs you are probably covered.Employment Law Reality Check New York City Human Rights Law 2

New York City's Human Rights Law gives employees much more protection. If you work in any of the 5 Boroughs you are probably covered.

Media attention can be a bad thing. Employees sometimes don't consider the down side. Some things to consider.Employment Law Reality Check Media Attention

Media attention can be a bad thing. Employees sometimes don't consider the down side. Some things to consider.

Bullying laws don't exist in most workplaces. Your employer doesn't have to be nice to you and they don't have to give you a reason before firing you.Employment Law Reality Check Workplace Bullying

Bullying laws don't exist in most workplaces. Your employer doesn't have to be nice to you and they don't have to give you a reason before firing you.

Legal Answers
359 Questions Answered

Q. I'm overstayed visa. Can I use my SSN to work at restaurant? But I plan to get married soon.
A: Rely on advice from an immigration lawyer. Few employment lawyers are well versed enough to respond to your inquiry which sounds risky.
Q. Hello. I use to work for the printing department of a Staples store in NY. I was wrongfully terminated about a month ago
A: Dont' do it. You owed a duty of loyalty to your employer while you worked there and can not now use information (employee e-mail lists) which you obtained (arguably confidential; probably trade secrets unless such information is readily available to the public or on-line) because of your employment. I have not read Target's employee handbook or its policies (I am sure there are many) but proceeding down that road could be costly for you and could impair your employ-ability almost anywhere. Call numerous employment lawyers, and even pay for consultations if necessary, so that they can articulate many reasons why using the internet against any employer is a bad idea. A few months ago I got a call from a PC who told me the employer was not paying its employees properly and this employee wanted to organize a work stoppage. Doing so was a terrible idea because of Duty of Loyalty to the employer, Faithless Servant Doctrine, Master Servant Doctrine and others, all good law, in New York. Contacting the National Labor Relations Board and organizing employees would have been the best option for that employee and might be something worth considering if your next position has no union protection. Most of us are not Attorneys General nor do we have the authority to proceed as such. Even those people are accountable for and limited by what they can or should do.
Q. Can my boss legally subtract 1 hour worth of work from my paycheck?
A: No employer can make deductions from paychecks unless agreed to in advance by the employee and only for specific reasons such as taxes, insurance, garnishment,... But he could fire everyone unless your union collective bargaining agreement prevents that. If you don't have a union it might be wiser to contact the National Labor Relations Board for information on how to legally organize. Otherwise you could get yourself fired trying to protect immigrant employees. You have a duty of loyalty to your employer and speaking against your boss is never a good idea even under these types of threats which might be lies. And lying to employees to get them to perform faster is not illegal. Insubordination usually results in denial of unemployment benefits FYI.
Q. According to NY Labor law, are you able to sue in Civil Court for liquidated damages on top of unpaid wages owed?
A: If it's shown to be a willful violation. Make sure you have case law to convince the court that the employer acted willfully. Most importantly, when you serve discovery requests on the employer, or depose it, confirm strong facts either thru admissions or testimony or with documents that the employer knew or should have known that its practices were not lawful. There will be case law to support awards and denials; all fact specific.
Q. Can a New York employer take punitive action against employer for privately sharing their salary with a coworker?
A: Were you working together with the co-worker to improve terms and conditions of employment? https://www.nlrb.gov/rights-we-protect/rights/employer-union-rights-and-obligations Federal laws protect collective efforts regardless of position or employer. Organize!
Q. Can Federal Labor law requiring employers to pay you overtime for mandatory training be waived in a Union Contract
A: Looks like that requires a thorough reading and analysis of your collective bargaining agreement. Most employment lawyers will probably charge for reviewing and analyzing employment contracts. You can always present that issue to PERB the NYS Public Employment Relations Board. Generally, the FLSA AND NY Labor Laws can not be avoided. But also, generally, the courts don't want to tell your union what it can or can not do. You voted for them so technically you could vote for another option? Everyone is stuck with the agreement their union signs because there is no way for more than one collective group to represent the same class or group of employees. That would be chaos. If the union did not think it was illegal get ready to prove it was or live with it. Good luck.
Q. I've worked my job 2 years and have been drug tested 4times.I know people who have worked 10 years and have never tested
A: That's always possible but what's the adverse employment action? Demotion, non-promotion, termination, etc.... reduction in pay, other discrimination. And what are your damages and how would you prove them? Don't get me wrong. You could very likely be a victim of discrimination. But if you tell me that you operate heavy or dangerous equipment or can affect public safety in a very serious way, does your employer have a legitimate, non-discriminatory reason to test you? Remember that it's all about motivation of your employer who is selecting you for testing. You have provided no additional evidence that the testing is motivated by race. Are you absolutely certain that the 10 year employees are telling you the truth? How would you know if they were tested repeatedly 6 or 8 years ago and then after you arrived, those who have worked without incident for 5 or more years are no longer tested? How will you prove the testing is not random if they simply pull names out of a hat and their names have never been pulled? Would that be motivated by discriminatory animus? Maybe it is and maybe it's not. These cases are NEVER easy. We spend hours and hours interviewing potential clients then hours and hours obtaining more facts while the case proceeds; assuming we have accepted the case. Here's a link that might help: https://www.blr.com/HR-Employment/Performance-Termination/Alcohol-and-Drugs-in-New-York Most of us will ask you the above. What's the adverse action, what are your damages, and what type of evidence will we be able to prove that the testing is motivated by race. Now, if you tell us that only members of minority employee classes are being tested, you definitely have our attention. Good luck. Pay a law firm for a couple hour consultation if you really want a skilled employment lawyer to dig deep into every possible avenue of discriminatory animus which might be worth the investment. That way you know the law firm took your suspicion seriously and you have a legal opinion which might confirm what you believe? If you thought you had cancer, would you rely on a physician's consultation which cost nothing? If so, why?
Q. New York - My wife is 9 weeks pregnant. She was at work and witnessed her boss and an employee arguing. The employee
A: Contact workers compensation lawyers. Books or no books she was injured on the job. She has the right to recover work comp benefits.
Q. Who is liable when something breaks at work? In this case, the mirror on a customer car.
A: Your boss can not legally deduct the amount from your wages. Here's why: https://www.labor.ny.gov/formsdocs/wp/LS605.PDF If you are a valued employee he will change his mind about making you pay him back. But you may have to promise him that you will never, ever do that again since you are probably an "at will" employee and he probably needs no reason at all to fire you. If he fired you you would probably recover unemployment benefits (no guarantees). But since it's likely you will recover those benefits his rate for that will go up so, unless you have caused him issues before, or don't listen carefully to instructions, he should probably keep you but that's totally his or her choice since presumably you have no contract or union backing you up.
Click here to see all answers
Annotations
Bentley v. AutoZoners, LLC
US Court of Appeals for the Second Circuit
Do v. Department of Housing and Urban Development
US Court of Appeals for the Federal Circuit
Click here to see all annotations
Contact & Map
Urba Law PLLC / Employment Law Reality Check
520 White Plains Rd., Ste. 500
Tarrytown, NY 10591
USA
Telephone: (914) 366-7366
Cell: (914) 826-7721
New York City Bar Association
42 West 44th Street
3rd Floor
New York, NY 10036
USA
Telephone: (914) 366-7366