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PTO Payout on Termination — New York Law

Started by AgentBroker_TX · May 30, 2024 · 825 views · 5 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
AB
AgentBroker_TX OP

Quick background on my situation in New York — any input appreciated.

gig company reclassifying workers. I've been dealing with this for about 6 months now and the situation isn't improving.

I have worked at this company for 9 years. My position is non-exempt and I do not have a written employment agreement beyond the standard offer letter.

Should I hire a lawyer for this or try to handle it myself?

DP
desperate_parent_2023

Just want to point out — the statute of limitations might be a factor here. In some states it's as short as 1-2 years. Don't sit on this too long.

TL
Mod_TermsLaw Moderator

I specialize in this area of law. Here's my take on the legal issues.

There are several legal theories that could apply here. The strongest is probably Title VII, which requires showing discriminatory.

The practical consideration here is cost vs. potential recovery. For disputes under $10K, small claims court is often the best route.

JC
just_curious_parent_today

I work in this industry and unfortunately this is very common. The good news is that when people actually push back with legal representation, companies usually settle.

PB
PatentAgent_Boston

Not a lawyer, but I have direct experience with this.

The biggest mistake people make in this situation is filing with the appropriate government agency. I'd recommend gathering evidence first instead.

TF
TechStartup_Founder

I've seen this play out several times in my field.

What worked for me was having everything documented. It took 3-6 months but was worth it.

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