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V. Jonas Urba

V. Jonas Urba

Helping employees & employers across NYS, in-person meetings no longer necessary
  • Employment Law, Arbitration & Mediation, Gov & Administrative Law
  • Massachusetts, New York
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Summary

Facts are the most important part of any employment law matter. Regardless of whether you are an employee or a small employer, employment issues are all about the facts. Your potential claim or defense depends on them.

Some of my best clients are those who I never personally met. I represent several physicians who I have never personally met. And I have counseled them for years. And they keep asking for my help. I think that speaks volumes.

The number of degrees that you have or where you attended school mean very little to me. I want to know about your facts. I will ask you very detailed questions. One of my current clients recently commented that I ask very specific questions and this client knew I cared about the client's potential claim by the types of questions I asked and how I asked those questions.

I represent college professors, educators at all levels, construction workers, mechanics, healthcare professionals, financial industry executives, chemists, sales professionals and everyone in between. To me what matters is whether you have facts which support a potential claim.

You don't need recordings, witnesses, contracts, comprehensive personnel files, or anything elaborate. But you do need to tell me about your facts. What was said, who said it, and about when the statements were made. Or you need to describe who touched you, where, when, and the circumstances of the unwanted touching.

I can never tell which potential client might have the best facts without speaking with them. I don't know who has kept all of their text messages with their supervisor. I don't know who will tell me some facts which are even better than all of their texts or emails while we speak. At times, I might spend a few hours with a potential client because I get a sense that they might lose their job and that I might be able to help.

If a potential client calls me early, before they lose their job, I respect that. I like potential clients who are not afraid to reach out early.

Practice Areas
  • Employment Law
  • Arbitration & Mediation
  • Gov & Administrative Law
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.
  • Rates, Retainers and Additional Information
    Severance agreements, non-competes, and employment contracts are usually flat rates. Litigation is sometimes on a contingent fee basis. Fee agreements are memorialized in writing.
Jurisdictions Admitted to Practice
Colorado
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Florida
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Massachusetts
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New York
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United States District Court for the Eastern District of New York
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United States District Court for the Northern District of New York
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United States District Court for the Southern District of New York
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United States District Court for the Western District of New York
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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.
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Represented the most discriminated segment of the population at that time.
Labor and Employment Attorney
Modern Business Associates, Inc.
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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.
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Represented carriers and employers.
Labor and Employment Attorney
Miller Kagan Rodriguez & Silver, P.A.
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Represented carriers and employers.
Labor and Employment Attorney
Law Office of Jonas Urba, P.C.
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Employment discrimination, EEOC, Title VII, ADA, severance agreements, agency administrative actions, unemployment, sexual harassment, FLSA, FMLA
Labor and Employment Attorney
McCrea & Keck, LLC
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Represented carriers and employers.
Assistant General Counsel
State of Florida Department of Business & Professional Regulation
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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
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Prosecuted criminal cases.
Education
Valparaiso University School of Law
J.D. (1988) | Law
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University of South Florida
MBA (1983) | Business Administration
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Indiana University - Indiana University-Bloomington
B.S. (1980) | Psychology, Business Administration
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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
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New York City Bar Association
Member
Current
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New York State Bar Association  # 4974333
Member
Current
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Westchester County Bar Association
Member
Current
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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
Certified Fraud Examiner
Association of Certified Fraud Examiners
Websites & Blogs
Website
Severance Lawyer New York
Blog
Urba Law PLLC
Videos
I'm Jonas Urba, a New York employment lawyer, here with Employment Law Reality Check. Is mediation of employment cases working? I think it is. I had a great experience a... Does mediation of employment matters, using zoom, work?

I'm Jonas Urba, a New York employment lawyer, here with Employment Law Reality Check. Is mediation of employment cases working? I think it is. I had a great experience a...

Jonas Urba, a New York employment lawyer, here with Employment Law Reality Check. Last week's video discussed how we represent employees who we may never meet in person. How is... Anticipating Employer Defenses is Key Especially With Remote Representation.

Jonas Urba, a New York employment lawyer, here with Employment Law Reality Check. Last week's video discussed how we represent employees who we may never meet in person. How is...

I'm Jonas Urba, a New York employment lawyer, here with Employment Law Reality Check. You may be asking yourself was I discriminated when I lost my job? Many times someone... Discrimination at work may not be what you thought it was at all.

I'm Jonas Urba, a New York employment lawyer, here with Employment Law Reality Check. You may be asking yourself was I discriminated when I lost my job? Many times someone...

I'm Jonas Urba, a New York employment lawyer, here with Employment Law Reality Check. I'm going to talk about damages today because damages are so important. Everybody wants to know... Evaluating Damages for Employment Discrimination

I'm Jonas Urba, a New York employment lawyer, here with Employment Law Reality Check. I'm going to talk about damages today because damages are so important. Everybody wants to know...

I'm Jonas Urba, a New York employment lawyer here with Employment Law Reality Check. Most businesses are now open. But many are concerned about whether they will be able to... Helping small business owners during COVID-19

I'm Jonas Urba, a New York employment lawyer here with Employment Law Reality Check. Most businesses are now open. But many are concerned about whether they will be able to...

I'm Jonas Urba, a New York employment lawyer, here with Employment Law Reality Check. I've been getting quite a few calls from people in upstate and out west in New... Now Easier to Prove Workplace Harassment Buffalo, Rochester, upstate NY included

I'm Jonas Urba, a New York employment lawyer, here with Employment Law Reality Check. I've been getting quite a few calls from people in upstate and out west in New...

I'm Jonas Urba, a New York employment lawyer here with Employment Law Reality Check talking about employment agreements and non-compete provisions. Those are coming up all the time with work... Employment Agreements and Non-competes

I'm Jonas Urba, a New York employment lawyer here with Employment Law Reality Check talking about employment agreements and non-compete provisions. Those are coming up all the time with work...

Hi, I'm Jonas Urba. I'm a New York employment lawyer here with Employment Law Reality Check talking to you about damages for employment discrimination. Probably the most important topic we... How much is an employment discrimination case worth? Google New York Division of Human Rights Orders

Hi, I'm Jonas Urba. I'm a New York employment lawyer here with Employment Law Reality Check talking to you about damages for employment discrimination. Probably the most important topic we...

I'm Jonas Urba, a New York employment lawyer, with employment law reality check talking about probable cause. It's so important for any employment discrimination case. Generally, around New York State,... Receiving a finding of probable cause from NYS Division of Human Rights does not mean you won; yet.

I'm Jonas Urba, a New York employment lawyer, with employment law reality check talking about probable cause. It's so important for any employment discrimination case. Generally, around New York State,...

I'm Jonas Urba, a New York employment lawyer here with Employment Law Reality Check. Don't hesitate to call Hudson Valley employment lawyers even if you live in Buffalo, Oswego, or... No matter where you live, a New York employment lawyer can represent you statewide; remotely.

I'm Jonas Urba, a New York employment lawyer here with Employment Law Reality Check. Don't hesitate to call Hudson Valley employment lawyers even if you live in Buffalo, Oswego, or...

I'm Jonas Urba, a New York employment lawyer here with Employment Law Reality Check. It's been about a year since I started making these videos and today I'm doing something... Physicians should insist on written employment agreements and restrictive provisions, if any.

I'm Jonas Urba, a New York employment lawyer here with Employment Law Reality Check. It's been about a year since I started making these videos and today I'm doing something...

I'm Jonas Urba. I'm a New York employment lawyer here with Employment Law Reality Check. Why it's so important to put it in writing. I've done these videos for about... Sections 195 and 198 of New York's Labor Laws require notices but no duration of employment terms.

I'm Jonas Urba. I'm a New York employment lawyer here with Employment Law Reality Check. Why it's so important to put it in writing. I've done these videos for about...

I'm Jonas Urba, a New York employment lawyer here with Employment Law Reality Check. Talking about gender discrimination. Gender discrimination can happen to anyone. It can happen to men as... Gender discrimination or because of sex employment decisions are illegal in New York.

I'm Jonas Urba, a New York employment lawyer here with Employment Law Reality Check. Talking about gender discrimination. Gender discrimination can happen to anyone. It can happen to men as...

I'm Jonas Urba, a New York employment lawyer here with Employment Law Reality Check. I'm going to talk about texting versus phone calls. It's very important for you to call... Phone calls beat texts for employment cases which are about exploring good facts up front.

I'm Jonas Urba, a New York employment lawyer here with Employment Law Reality Check. I'm going to talk about texting versus phone calls. It's very important for you to call...

I'm Jonas Urba, a New York employment lawyer here with Employment Law Reality Check. Talking about retaliation at work. If you report discrimination at work to human resources and they... Retaliation for reporting discrimination is illegal, but reporting does not prevent other discipline

I'm Jonas Urba, a New York employment lawyer here with Employment Law Reality Check. Talking about retaliation at work. If you report discrimination at work to human resources and they...

I'm Jonas Urba, a New York employment lawyer here with Employment Law Reality Check. Within the last few weeks I have had a number of employees call me with situations... Employment discrimination is almost always hard to prove; circumstantial evidence takes time to get

I'm Jonas Urba, a New York employment lawyer here with Employment Law Reality Check. Within the last few weeks I have had a number of employees call me with situations...

I'm Jonas Urba, a New York employment lawyer, here with Employment Law Reality Check. Today I am talking about sales professionals. Lately I have received a number of calls from... Sales professionals in their 50s or 60s might think age discrimination when a better claim is other

I'm Jonas Urba, a New York employment lawyer, here with Employment Law Reality Check. Today I am talking about sales professionals. Lately I have received a number of calls from...

I'm Jonas Urba, a New York employment lawyer, here with Employment Law Reality Check. I've been getting calls from teachers and school administrators; mostly probationary employees. Sometimes they think they... Discrimination happens to teachers, school administrators. Sometimes union agreements are violated

I'm Jonas Urba, a New York employment lawyer, here with Employment Law Reality Check. I've been getting calls from teachers and school administrators; mostly probationary employees. Sometimes they think they...

I'm Jonas Urba, a New York employment lawyer here with Employment Law Reality Check. I've received a number of calls from physicians, nurse practitioners, and nurse specialists lately. They've asked... Physician and Nurse Practitioner non-compete, non-solicitation agreements should be lawyer reviewed

I'm Jonas Urba, a New York employment lawyer here with Employment Law Reality Check. I've received a number of calls from physicians, nurse practitioners, and nurse specialists lately. They've asked...

I'm Jonas Urba, a New York employment lawyer here with Employment Law Reality Check. Non-disclosure agreements. What are they? They're contracts that employers sometimes ask employees to sign. Why? Because... Sexual harassment non-disclosure agreements in New York are unenforceable unless victim chosen.

I'm Jonas Urba, a New York employment lawyer here with Employment Law Reality Check. Non-disclosure agreements. What are they? They're contracts that employers sometimes ask employees to sign. Why? Because...

I'm Jonas Urba, a New York employment lawyer here with Employment Law Reality Check. How much severance pay are you entitled to receive? There is no mandatory requirement in New... How much severance pay? Some think 1 week per year of service is required or policy and it's not.

I'm Jonas Urba, a New York employment lawyer here with Employment Law Reality Check. How much severance pay are you entitled to receive? There is no mandatory requirement in New...

I'm Jonas Urba, a New York employment lawyer here with Employment Law Reality Check. How important is it for you to be honest on your employment application? The short answer... Not being honest on an employment application could limit you to unpaid wage or overtime claims.

I'm Jonas Urba, a New York employment lawyer here with Employment Law Reality Check. How important is it for you to be honest on your employment application? The short answer...

I'm Jonas Urba, a New York employment lawyer here with Employment Law Reality Check.  Talking to you today about mediation at the EEOC. Do you need an attorney to... EEOC mediation is best with an employment lawyer and a plan of what you want; what you will accept.

I'm Jonas Urba, a New York employment lawyer here with Employment Law Reality Check. Talking to you today about mediation at the EEOC. Do you need an attorney to...

I'm Jonas Urba, a New York employment lawyer here with Employment Law Reality Check.  Today we're talking about PIPs. Sometimes known as corrective action plans (CAPs) or any type... Performance Improvement Plans need careful review and often require a detailed, written rebuttal.

I'm Jonas Urba, a New York employment lawyer here with Employment Law Reality Check. Today we're talking about PIPs. Sometimes known as corrective action plans (CAPs) or any type...

I'm Jonas Urba, a New York employment lawyer here with Employment Law Reality Check. Did you know that as of October 15, 2018 if you ask for an accommodation from... Employees needing accommodations who work in New York City must be provided written denials 10/15/18

I'm Jonas Urba, a New York employment lawyer here with Employment Law Reality Check. Did you know that as of October 15, 2018 if you ask for an accommodation from...

I'm Jonas Urba, a New York employment lawyer here with Employment Law Reality Check. Did you know that if you take confidential information from your employer like trade secrets or... Taking client lists or trade secrets from any employer can cost lots of money in federal court.

I'm Jonas Urba, a New York employment lawyer here with Employment Law Reality Check. Did you know that if you take confidential information from your employer like trade secrets or...

I'm Jonas Urba, a New York employment lawyer here with Employment Law Reality Check. Most employees are "at will." Government employees, union employees, and ones with private contracts have some... Most employees are "at will" and can be fired for a good reason, a bad reason, or no reason at all.

I'm Jonas Urba, a New York employment lawyer here with Employment Law Reality Check. Most employees are "at will." Government employees, union employees, and ones with private contracts have some...

Legal Answers
448 Questions Answered

Q. offered a job at a big box retailer. They were aware of medical marjuana use. Now offer taken back from employer.
A: Medical marijuana and recreational marijuana are different. I can not vouch for the legitimacy or accuracy of the below link but it sounds basically correct: https://www.cannamd.com/whats-the-difference-between-medical-recreational-marijuana/ If you do not undergo the testing then neither you nor the employer will know whether you are taking a high THC marijuana which is more for recreational use or a high CBD marijuana which is more for pain control. You will also not know whether you will get the job. Remember that all employers may require reasonable testing to determine whether you can safely perform a job's duties. And if you are hired, what's the harm? But if you are not hired and a judge asks you what were you afraid of in taking the test if it's for a legitimate, medical purpose how would you answer that question? You have to make the call about whether you really want the job. They may test you forever just to make sure you are on the medical product and if you are unable to perform your essential job functions and your THC levels in your blood test consistently high they might argue it's recreational and it's affecting your ability to perform. They may or may not warn you that if your performance does not meet their expectations then there is no expectation of keeping your job. Remember, we are not in Colorado.
Q. Hi, I have a no compete w/ a severance clause included. How hard/costly would be to get this voided so I can work ?
A: Your question deals with employee choice doctrine. If you accept money then you are bound by the non-compete terms no matter how severe or possibly illegal. If you choose not to accept the severance pay and are being fired through no fault of your own then the non-compete itself might be unenforceable. That's a "might" be unenforceable and not a certainty. New York will not forbid employees, in most cases, from earning a living. However, if everything you know learned in your trade you learned from one employer. And everything that employer introduced you to or taught you was confidential or a trade secret then you may not be able to use it. But that would be in somewhat rare circumstances. It really depends on how specialized or unique or special you actually are. Some employees are more special or unique than they think they are and others not so much. Will what you do unfairly affect your employer because of resources they invested in you? If your non-compete was for 2 years and they offered you a 2-year severance that might not be unreasonable but if you don't accept it maybe you can still work with another employer? Of course you can never share confidential information or trade secrets without prior authorization. The analysis above is way more complicated than I can write in a couple paragraphs. Watch some videos at Employment Law Reality Check on YouTube or on this website itself. I believe several discuss non-compete or trade secrets covenants. I think many employment lawyers routinely review non-competes for flat fees and that includes an analysis of how to handle your situation. Depending on the wording of your non-compete and exactly what you do you should have an employment lawyer review your document for the flat rate after discussing your particular circumstances as well. Make sure your non-compete has language that it is governed by New York Law and remember that if your employer chose another state's law whose public policy is repulsive or repugnant to New York's then that state's law might not be applied in New York. Unfortunately, the analysis is more complicated than this post can address in full.
Q. Rights violation
A: What are your damages? It's one of the first questions an employment lawyer is trying to answer when they speak with you in an initial telephone conference. Was there an adverse employment action? You were not terminated nor were you demoted with a loss in pay or passed over for a promotion because you took FMLA leave. Hopefully you do not experience FMLA interference which would also be illegal. Human resources departments make mistakes. Managers also make mistakes. Those mistakes are not necessarily actionable. Employers can, and often do, make mistakes regarding the reasons they terminate employees. And even those mistakes rarely result in recoveries or employees being reinstated unless employees have provable, plausible theories of employers acting maliciously or with discriminatory motives. Let's take an example which arises more often than employees think. An employee requests FMLA leave. All of the proper forms are completed and the employee goes out on leave. The FMLA leave employee's job duties need to be covered by other employees. But the employee failed to make sure employees could easily do that and their manager forgot to prepare as well. Management asks other employees to see what needs to be covered. Either management or co-workers realize that the employee on FMLA leave made errors before leaving. And those errors are not minor or insignificant. HR gets involved and looks into the employee on FMLA leave's performance and confirms that in light of the revealed errors the employee's performance is below the company's new initiatives. COVID forced the employer to not be as forgiving of on-the-job errors and the tougher performance standards have been applied since the beginning of COVID. Some new managers have even been hired to tighten things up, keeping only top performers who rarely make errors. The employer wants to immediately fire the employee on FMLA leave in light of the recently discovered errors. The errors should have been discovered long ago but management was sloppy. Not until co-workers began to cover for the employee on FMLA leave did everyone recognize the severity of the errors. The employee on FMLA leave is terminated on the day they return to work from leave. Is their termination lawful? Maybe. Did the employer have a discriminatory motivation or intent in firing this employee? Maybe and maybe not. Did the employer apply its new practice uniformly for all of its employees effective when COVID began or at some other time? If yes, its new practice might be lawful. Does the employee who went on FMLA leave have evidence to support that the employer's motivation is unlawful? If not, the employee on FMLA leave's termination on the day they returned to work from leave might be lawful, non-discriminatory, and non-retaliatory. But we still don't know whether protected health information (PHI) was disclosed? And if it was, what damage did the particular disclosure, whatever it was, cause the employee who went on FMLA leave (those facts were not disclosed in your fact scenario) nor is the relief you would be seeking (are you looking for an apology of some kind, the posting of more FMLA leave notices at the workplace, or other damages of some kind) and what might your theory of recovery be and in what forum would you initiate a potential action? Employers can make mistakes. Employees without private employment contracts, union agreements or who do not work for the government need to examine potential discrimination claims carefully. Have you explored the job market and possibility of a new employer ? I anticipate that employers will make more errors as the ongoing stress of COVID affects everyone and all of our jobs evolve more rapidly.
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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
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Contact & Map
Urba Law PLLC
520 White Plains Rd., Ste. 500
Tarrytown, NY 10591
Telephone: (914) 366-7366
Cell: (914) 826-7721
Monday: 9 AM - 7 PM
Tuesday: 9 AM - 7 PM
Wednesday: 9 AM - 7 PM
Thursday: 9 AM - 7 PM
Friday: 9 AM - 7 PM
Saturday: Closed (Today)
Sunday: 1 PM - 7 PM
Notice: Initial phone conferences available during these hours - no charge. Zoom or skype conferences might be requested thereafter, if necessary and agreed.