Legal Question in Employment Law in New York

I am an HHA worker and worked at Caring Professionals. They had me pay $100 to them for the classes to get the certificate and said they will automatically get it after i complete classes since i will be working for them. The school was EDP school at 1601 voorhies ave. I never saw my certificate. Ive worked for them for over two years. I live in NJ but i live with roommate in NY who doesnt want me to use her address. So i used my clients address to get mail. They never personally called me to fire me, they called my client and told her that i was fired, did not give a reason either. I found out from her when i came in to work for my last day which was may 5th on friday. Ive been leaving voice mails and calls for over 10 days now and today may 16th ive finally got to speak to few of my employers. They kept me on hold, hung up on me and the first person i spoke to didnt even know i was fired and thought i still worked. They did not provide me with my final check yet which should of been paid the latest on wednesday may 10th which i did get my previous check but not my last and final for my last 5 days of work. Im trying to get another job, i have a 9 month old son and a husband who is a disabled vet and cant work. But since ive never seen or had my HHA certificate i cant get a job. Ive spoken to so many ppl at my previous job trying to get my certificate, they say they dont have it! I called the school i went to and they said since i didnt personally get it that my job must have it. I also now heard from my client that they asked her for money which they claim to be fees for filing paperwork and etc but it seems they were just extorting money from her and tried to have me pay as well, they said it was a quaterly fee or smth like that and asked for cash, no receipt. I would like to know if i can sue or at least file complaints against that company. First for not giving me my final pay, by law in NY state the employer must pay the last check to an employee who was laid off or fired by the pay date or within one to two business days. I stoped working on may 7th saturday and its been a week not counting weekends. Second for not formally firing me, they did not bother to call me or even send anything by mail notifying me that i was fired, i had to find out from my client. They been avoiding me, putting me on hold, hanging up, and not calling me back after ive left so many diff voicemails. Third for few workers there asking for money, cash, which now i and my client realized was not legal. Ive followed all their requirements, attended all in service hours and did all the paperwork they did actually had me sign myself instead of telling me they took care of it, which they did tell me few times and my client. Fourth complaint for not giving me my certificate and not providing the info i need to where i can get it then. The worker who signed me for this job from the start, Tatyana, told me i have to go to some place, did not say room or suite or anything just 3rd floor on ave z. When i asked for their phone number, she laughed and said "why should i give you the number, bye" and hung up! It seems to me they are purposely delaying me on being able to get what i need to apply and work for another company. Which is ridicoulous, i only require three things, my certificate, last physical exam and drug test theyve done,and a letter or some proof showing ive worked for them for over two years. I will do my last attempt and call the school again and see if they at least have a copy of the certificate and contact health department and maybe they have any info. But beyond that i cant do anything else. I would be great to get free advise to what i can do, for i am unable to pay upfront.. disabled vet as a husband and we have a baby son... Probono would be amazing. Please and thank. Really need help

Asked on 5/17/17, 7:58 am

1 Answer from Attorneys

Arnold Nager Arnold H. Nager, Esquire

At the very least, you should file for unemployment insurance.

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Answered on 5/18/17, 11:30 am

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