New York Employment Legal Questions

First of all, it was inappropriate for your boyfriend to call your job and speak to this co-worker, regardless of what was going on. It undercut your professionlism, put you on the defensive, and then on unpaid leave. Tell him to never do that again. Second of all, I'd like to know what proof and witnesses you have to your claims, and when you made your first complaint, was it in writing, and how many complaints you've made to date. I'd also like to know how many full time employees the company has, because the law varies depending on the size of the company. If you first complained six months ago and it still hasn't been addressed, there is a problem. If you have proof of this ongoing unaddressed harassment, you have a hostile work environment claim, and can sue for back wages and reinstatement at your job, and possibly other damages. ... Read Answer

It depends upon the nature of the "malpractice".  If you complained to your supervisor of a workplace condition that creates a danger to public health and safety, or of violation of minimum wage laws, a "whistleblower" statute prohibits your termination if you can prove that was the only reason you were fired. ... Read Answer

According to the Equal Employment Opportunity Commission (EEOC), a Hostile Work Environment is where 1) enduring the offensive conduct becomes a condition of continued employment, or 2) the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.  But generally, the offensive conduct must be based on an employee’s race, religion, gender, national origin, disability, age, or pregnancy (among others).  It is best to contact an attorney in your area to discuss your (or you’re your husband’s) specific situation.... Read Answer

You  have an action against your employer for workplace harassment and disability discrimination, for failure to give a reasonable accomodation for your disability. Depending on the nature of the fabricated stories and how long ago that happened, you may also have an action for slander, if you know who made the statements. ... Read Answer

Are you married to the father or not?  You call her your step-daughter but then say you plan in living together in the future.  I am confused.  However, you do not need a lawyer to seek modification of a restraining order.  You can go to that judge and make a motion to have it vacated.  Also, these orders expire every six months or so usually and need to be renewed.... Read Answer

You don't mention if your wife is being bullied by a supervisor or co-worker. If co-worker, it is important that she report the incidents to her supervisor, and if her supervisor is unwilling to document the complaints or remedy the situation, she should keep record of them herself. If your wife is being targeted based on her race, gender, age, religion or various other categories, the behavior may be actionable under State or Federal discrimination laws. Even if she is not in a category considered a "protected class", she may still have an action against her employer, if the behavior is extremely outrageous, for intentional infliction of emotional distress. ... Read Answer