V Jonas Urba Lawyers, want to be a Justia Connect Pro too? Learn more ›

Over 20 years devoted exclusively to labor and employment law matters. Representing clients across New York, only in New York, regarding employment law and employment discrimination matters. Keen interest in human behavior and motives. Always seeking efficient, creative ways to help clients. Admitted to all of New York's federal district courts.

• Free Consultation
  Initial 15 minute phone conference is no charge.
• Credit Cards Accepted
• Contingent Fees
  Most contingent fee matters are at one third (1/3) of gross amounts offered and/or accepted, before expenses and costs are subtracted.
• Rates, Retainers and Additional Information
  Major credit cards are always welcome and preferred.

New York

New York State Office of Court Administration

ID Number: 4974333

Founding Member

Urba Law PLLC fka Urba Law Firm

2014 - Current

Law practice exclusively devoted to employment law and employment litigation and only across New York State.

Valparaiso University School of Law

J.D. (1988)

1986 - 1988

Honors: Superior Scholarship Certificate Legal Process

Indiana University - Indiana University-Bloomington

B.S. (1980) | Business Administration, Marketing, Finance

1976 - 1980

Professional business fraternity.

Activities: Delta Sigma Pi

National Employment Lawyers Association - New York

Member

2014 - Current

New York City Bar Association

Small Law Firm Member

2012 - Current

State Bar of New York  # 4974333

Member

2011 - Current

Activities: Employment Law Section.

New York State Bar Association

Member

2011 - Current

National Employment Lawyers Association

Member

1997 - 2022

Q. What is needed for emotional distress case

November 15, 2024

A: I worked for over 6 yrs without ever being promoted or receiving clear feedback on how to advance. PRIVATE EMPLOYERS ARE NOT REQUIRED TO PROVIDE FEEDBACK ON HOW TO ADVANCE BUT THEY CANNOT DISCRIMINATE AGAINST ANY PERSON BECAUSE OF ONE OR MORE PROTECTED CLASSES TO WHICH AN EMPLOYEE BELONGS.

Despite repeatedly reporting instances of being spoken to disrespectfully by coworkers, management dismissed my concerns, telling me to 'let it go.' Over time, the ongoing mistreatment severely impacted my mental health. DISRESPECT IS NOT ILLEGAL ALTHOUGH NO EMPLOYEE SHOULD BE SUBJECTED TO REPEATED COMMENTS OR ACTS BECAUSE OF ONE OR MORE PROTECTED CLASSES TO WHICH THEY BELONG. IF YOUR EMPLOYER OR CO-WORKERS KNEW THAT YOU SUFFERED WITH A DISABILITY AND THEY MADE FUN OF THAT DISABILITY OR CALLED YOU NAMES BECAUSE THEY MOCKED OR SOMEHOW RIDICULED A SYMPTOM OR A CONDITION WHICH THEY PERCEIVED OR REGARDED AS DISABLING THAT MIGHT BE DISCRIMINATORY OR SOMETIMES EVEN HOSTILE. DISRESPECT WITHOUT MORE IS NOT.

Last year, I had a breakdown and told my therapist. THAT IS OF COURSE A GREAT MOVE AND SMART. This year, I took medical leave due to daily panic attacks at work—something I’d never experienced before this job. My doctor prescribed medication for depression and anxiety after reviewing my therapy notes. When I attempted to return, I suffered another panic attack and resigned. THIS DEPENDS ON THE FACTS LEADING UP TO RESIGNATION. IF YOUR EMPLOYER KNEW THAT YOU WERE DISABLED OR FOR EXAMPLE, HAD OBSERVED YOU IN A MEDICAL EMERGENCY, IT MIGHT BE REQUIRED TO INITIATE AN INTERACTIVE PROCESS TO SEE WHETHER IT COULD ACCOMMODATE YOUR CONDITION. IN MOST CASES THE EMPLOYEE NEEDS TO REQUEST OR INITIATE THE INTERACTIVE PROCESS BUT DEPENDING ON MORE DETAILED FACTS WHICH SHOULD PROBABLY NOT BE POSTED ON A PUBLIC FORUM THERE ARE INSTANCES WHERE AN EMPLOYEE WITH SEVERE MENTAL HEALTH ISSUES IS UNABLE TO INITIATE THE INTERACTIVE PROCESS BECAUSE OF THEIR MENTAL HEALTH. AGAIN, THIS DEPENDS ON WHAT THE EMPLOYER OBSERVED AND WHETHER THERE WERE ENOUGH FACTS FOR THE EMPLOYER TO KNOW THAT YOU NEEDED AN ACCOMMODATION. MANY PEOPLE SUFFER WITH DEPRESSION AND ANXIETY. THE PRECISE DETAILS OF YOUR PANIC ATTACKS AT WORK WOULD NEED TO BE ANALYZED TO DETERMINE WHETHER YOU SUFFERED A POTENTIALLY RECOVERABLE CLAIM UNDER WORKERS COMPENSATION (YOU WOULD REACH OUT TO A WORK COMP LAWYER FOR THIS) OR WHETHER NO REASONABLE EMPLOYEE IN YOUR SHOES WOULD HAVE STAYED AND WHETHER YOU ACTED REASONABLY. CONSTRUCTIVE DISCHARGE IS A CHALLENGE. HOPEFULLY YOU ARE ABLE TO RECOVER UNEMPLOYMENT BENEFITS BECAUSE THAT SHOULD BE AVAILABLE IF YOU ARE CURRENTLY READY, WILLING AND ABLE TO WORK. IF YOU CAN NO LONGER WORK AT ALL YOU SHOULD PROBABLY CONSULT DISABILITY LAWYERS NOW - SOCIAL SECURITY, WORKERS COMPENSATION, SHORT TERM PROVIDED BY YOUR EMPLOYER, ETC... DID YOU CONSULT LAWYERS BEFORE QUITTING AND IF NOT WAS THERE A REASON YOU CHOSE NOT TO DO SO WHICH MANY LAWYERS MIGHT INQUIRE ABOUT.

Since then, I’ve been unable to work as my providers want me to focus on my mental health as i do not feel strong enough to go into another work environment yet. My family and friends believe I should pursue a case for emotional distress. Based on this, do I have grounds to? CALL WORKERS COMPENSATION LAWYERS IMMEDIATELY. MOST, NOT ALL, EMPLOYMENT LAWYERS WOULD LIKE TO SEE THEIR CLIENTS OBTAIN UNEMPLOYMENT BENEFITS BECAUSE WAGE LOSS IS WHERE MANY DAMAGE CALCULATIONS S BEGIN. CALL DISABILITY BENEFITS LAWYERS IF COMP DOES NOT WORK. GOOD LUCK. ... Read More

Q. How to report anonymous Mgr. Forge employee timesheet for time not worked. Intimidates other from adding actual time?

March 23, 2024

A: It looks like your pay is on an hourly basis. All employees who are paid by the hour must be paid for all time for which they are permitted to suffer labor (that is language often used by the courts). If you work hours, including overtime at 1.5 times your regular pay rate, you must be paid for those hours.

However, your employer has the right to approve or disapprove of overtime work. If a supervisor or manager directs that you cease working overtime then your continued practice appears to be insubordinate or against what your instructions were. Managers have the right to be told in advance of overtime work because they could be individually liable for overtime pat violations. They may stop or approve overtime.

Finally, if you qualify as exempt from overtime pay on a salaried pay rate then your employer could work you as many hours as it reasonably needed you to work unless those hours are discriminating you somehow or you are not truly exempt from overtime because of either you not being in a professional or executive or administrative exemption requiring discretion and/or independent judgment while you work. There are not enough facts to determine whether these actions by your manager are discriminatory nor whether they violate DOL regulations or some statutes. Good luck. ... Read More

Q. I’m a 66 year old woman I have been harassed verbally abused humiliated and threatened at work for 15 months now. I

March 11, 2024

A: You have offered two protected classes to which you belong. There may be many more. The two are your gender, female, and your age over 40. Was the harassment suffered because of your gender or your age? Remember that there are many more such as disability or perceived disability. If you were ill or caring for others who are ill or needed time off for illnesses and were mocked or ridiculed or disparately treated because of illness that would potentially be a claim of hostile environment. Also remember that under federal law, your hostile workplace, if it was a hostile workplace would need to be severe or pervasive. One example of that because of illness might be jokes about how frequently you are ill or attending doctors' appointments.

But let's stick to the classes you mentioned. Were you repeatedly asked when you planned to retire or mocked for being your age or kidded about because of your age? How were you hostilely treated because you are older? What facts might support that? Or alternatively how were you treated less well because you are a woman and maybe men were treated better.

Discriminatory harassment relates to one or more protected classes of employees who you belong to or are associated with. You have provided no examples of the specific details of the exact comments which were made, by managers or supervisors preferably, which related to protected classes. Simply being mean or nasty is not necessarily creating a hostile workplace. The laws will not make workplaces pleasant or friendly. But they will address unlawful or discriminatory behavior. This is why employment lawyers ask many, many questions and invests hundreds of hours in a single, meritorious claim with a plausible theory of recovery. A guess or hunch will not do. That's why you may need to speak with several or more employment lawyers who inquire about details. The potential clients who have taken notes or have witnesses or maybe recorded some conversations sometimes have stronger claims. How well do you recall the precise comments or behaviors of your own supervisors? How is your memory of the actions or behaviors of those you worked with? Did you ever complain although that is no longer required it helps?

Call some employment lawyers so you have a better understanding of the work that goes into all of these types of claims on behalf of you and your potential legal counsel. These are never easy, slam dunk claims but those with good facts are why we do this work. Make sure you keep looking for work and secure unemployment benefits. If you decide not to do so then any potential recovery is unlikely to be worth the effort. Mitigation of damages is a key component of these claims. It's why persons who bow out from the workplace are rarely our clients. ... Read More