QUESTION
Can an employer place me under unpaid administrative leave after submitting a statement to corporate about a sexual harassment incident?
Asked on Apr 27th, 2017 on Labor and Employment - New York
More details to this question:
General Manager filed a unknown police report against my boyfriend without notifying me first because boyfriend called job to speak to a co worker who has been sexually harassing me for 6 months and he called to tell her to stop as she was not listening to my pleas. General Manager interrogated me and was aware of sexual harassment statement, yet she took other co workers side and placed me under unpaid administrative leave until investigation is completed. I contacted via email several corporate members and after submitting my sexual harassment complaint they have not responded to my claims. What can I do about this situation as I feel I was treated unfairly and my employer did not take my claims seriously. This situation has left me with emotional distress and visiting therapist to calm my anxieties. I'm currently not working and no one is getting back to me on how to resolve this issue, meanwhile the other employee is still working at the job.
1 ANSWER
Civil Rights Law Attorney serving Rockville Centre, NY
Partner at
Lori Nevias, Attorney at Law
1 Award
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.
Answered on Apr 27th, 2017 at 8:16 PM