Legal Question in Employment Law in New York

Forced employment change

I work for a computer consulting firm. I am a salaried employee. They approached me and told me that they want to make me an hourly contract worker, i'd have to deal with my own taxes, benefits, etc. I have an employment contract that ends February 28. I am out at a client until April 20. If I refuse to go on contract, do i wave my rights? Can they just stop paying me without terminating me and granting me unemployment? Please help


Asked on 1/21/07, 11:36 pm

2 Answers from Attorneys

Jason Stern Law Offices of Jason Stern

Re: Forced employment change

You would be entitled to unemployment compensation if you were terminated for refusing to consent to the change in status. You also may have a valid grievance against your company if there is a discriminatory basis for their decision. Please contact me via email if you would like to arrange a consultation.

Good luck!

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Answered on 1/22/07, 11:10 am
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Forced employment change

On the face of your question, its proper. They are probably trying to avoid paying overtime to those computer programemrs who are not exempt under the FLSA. If that is the case see if there is anyone you can discuss the situation with, and reach a middle ground.

Remember that New York is an employment at will State. When your contract is up, you are out, unless they want to re-hire you, (or unless you have been terminated for an illegal reason.)

Here I would look to see whether your employer preceded the change in your circumstances with other adverse employment changes that made your work environment more difficult or uncomfortable. Are you a a member of a protected class under the STATE OR FEDERAL DISCRIMINATION LAWS? You may well have a claim, and I cannot tell from the question.

Not everyone does, and not every discharge is wrongful. I answered this way, because you were already working at another location.

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Answered on 1/26/07, 1:12 am


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