QUESTION

Do I have a legal suit against my workplace?

Asked on Oct 28th, 2018 on Wrongful Termination - New York
More details to this question:
So I was fired from my job of 6 years by a manager who’s worked there for 4 months. He fired me and proceeded to try to fight me. The next day I sucked my pride in and offered to apologize and he said that if we meet up “there will be no talking.” He then proceeded to text me calling me “pussy” and “bitch.” He then threatened to contact a job I applied for and make up stories about me to them. I have almost all of this on text.
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1 ANSWER

Labor and Employment Attorney serving Tarrytown, NY at Urba Law PLLC
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What are your damages? Assuming you still work there how much money have you actually lost? If you were fired for gross misconduct you would not recover unemployment benefits. If you do not recover unemployment benefits how would you prove and potentially recover damages for potential discrimination because of sex, for example? Isolated incidents of name calling will not rise to the level of a hostile workplace. You need to show that the hostility was severe or pervasive and that it was either because of sex or some other protected class of employee which was being targeted. And finally, you have to mitigate your damages. That means look for another job. So if you were fired and then got a higher paying job, again, what would your damages be? You might want to watch just a few short clips of "Employment Law Reality Check" on my website at www.UrbaNYlaw.com. Each one is less than a minute long and listening to them might help you understand how difficult proving an employment discrimination claim is. Good luck. Every employee owes their employer a duty of loyalty so if you challenge a supervisor that could be insubordination. Insubordination could rise to the level of gross misconduct. Gross misconduct would probably disqualify you from receiving unemployment. Being denied unemployment would probably wipe out discrimination claims such as "because of sex" (calling someone a pussy repeatedly over a period of time, if proven, might do it). And you would have to prove the because of sex was severe or pervasive and that you suffered economic loss due to being fired for complaining about such conduct. Sounds like you have lots of work ahead of you and make sure to lawyer up if you pursue such a claim. 
Answered on Oct 29th, 2018 at 7:19 AM

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