New York Sexual Harassment Legal Questions

Human resources may and often will conduct an investigation. The purpose would be to determine whether there is a problem in the workplace. Sometimes the problem an employee complains about is not the real problem or there's no problem at all. Even under the new more protective state Human Rights Law petty slights or  trivial inconveniences are not actionable. That does not mean that more training might be a good idea for everyone. Good luck. During COVID more employees have complained about everything because everyone is stressed. We all believed modern medicine could cure anything and now most of us who are paying attention know better. Stay safe.... Read More

You want compensation, and for the employee to get fired, but you don't want to relive all the trauma this event triggered for you. You can't have it both ways. While for you what happened was a serious trigger event, a jury is unlikely to see it that way. Even if a jury found liability, you could still go through extensive litigation and end up with nothing. Pursue a psychiatric, therapeutic, and/or medication-based remedy, not a legal one.  ... Read More

You have several issues to address. If you did not allege sexual harassment while quitting how did you recover unemployment benefits? If you were harassed why did you not report that? If you moved you certainly notified DOL so your employer presumably knew you moved also. Go to a hearing and if the judge believes you had just cause to act as you did you should be fine. But there are a few loose ends that dont quite add up here so be sure to address them honestly at the hearing.... Read More

Truly sorry you are dealing with this. Whether you have a case depends upon many things: what happened, how many times the harassment happened, what was your title, what was the harasser's title, whether or not HR did an adequate investigation, whether the harasser has done this before to you or others, whether there is audio, video or email evidence of the harassment, whether the company you work for has insurance to cover these types of situations.  In the end, a strongly worded demand letter from an attorney might encourage the company's insurance carrier and the company to pay you out to make this case go away.  Feel free to call me at 929-262-1101 to discuss further as I can help you with that demand letter if it makes sense to send it.... Read More

You should inquire of an attorney licensed to practice law in Costa Rica. Regardless of whether there was a tort, possibly a crime, Costa Rica law applies. If you were an employee of Uber working in Costa Rica maybe U.S. laws might apply but you were apparently not. If you claimed FMLA benefits as an Uber employee in Costa Rica you would not get them. FMLA does not apply to anyone no matter who they work for outside the USA. Good luck.... Read More

Did the associate find the comments you made harmful or offensive? Was it more than just a stray remark? Do you have some history with this associate either confrontationally, personally, or otherwise? You need a consultation with an employment lawyer immediately! Here's the problem you face today. You state that "this same associate had harassed me sexually in the store." Does not your employer have policies and procedures that your duty as an employee includes promptly reporting sexually harassing conduct to HR or someone else immediately? Sometimes they call it zero tolerance. If so, why did you not do so? Employees in today's workplace who observe or experience or hear hostile comments or behavior and do not report that at a zero tolerance workplace may be signing their own termination papers for not complying with policies and procedures if the conduct is severe or pervasive. In our environment today everything that even smells hostile or offensive should be reported and the first person to do so might be the winner, absent a decent defense strategy. Lawyer up.  ... Read More

Discuss it with no one except a labor and employment lawyer. HR will look into it and might investigate it. When HR interviews you speak only to the investigator and no one else. If an employee discusses an ongoing investigation with anyone except their lawyer that is usually rises to the level of insubordination. The employee may be fired. Before you possibly conduct your own informal investigation (usually a bad idea) consult a labor and employment lawyer. This is a great example of why any type of personal or romantic relationship at work might be the worst thing an employee can do for their job or career. Hiring family members might be the second thing because if 1 family member needs to go what will the morale of the remaining ones be? Employers who hire that way think they are taking the least risks when in fact they are likely burying their productivity and destroying morale.  ... Read More

Sexual harassment has to be severe or pervasive. This is regardless of age. Next time you might be able to get an order of protection signed by a judge. That would almost certainly result in the harasser losing their job. You did the right thing. You reported him. Take notes pay attention to work behaviors and report everything that is severe or pervasive meaning it happens a lot or over and over. Good luck. Again you did the right thing. An isolated incident is not enough. Assuming he has not repeated it he got the message. He could and may lose his job next time.  ... Read More

Generally speaking your landlord if not entitled to visitation under the lease, for other than emeregency purposes has to give you reasonable notice. Every tenant is entitled to "quiet enjoyment" of the premises leased. Tell him in writing if he gives you 48' hours prior written notice, you will be pleased to allow him to inspect the premises and then depart. Tell him no inspection request if not for an emergency can't wait 48 hours. If he did not ask for a key in the ease, don't give him one. Also send him a separate letter advising him you don't like or appreciate his ribald remarks, comments about your appearance or touching you, and if he does it again you will ask for court involvement. Best to do this in a letter from a lawyer.   Thatcher Stone 646 873 7521  ... Read More

Your friend should immediately speak with an employment lawyer - and not wait until she is fired or further retaliated against.  Generally, a victim of sexual harassment has to complain pursuant to the employer's anti-harassment policy.  (Most employers have such a policy).  The employer may be off the hook if it takes immediate corrective action to stop the harassment and does not retaliate.  Your friend should document the alleged retaliation and speak with an employment lawyer to discuss the next step.  Hopefully the employer will knock some sense into this co-worker - or fire him.  In many cases, pigs in the workplace have also harassed others.  Your friend - or her lawyer - should investigate whether there are any other victims of this idiot who can also step forward.  Please understand that this response should not be considered as legal advice and does not create an attorney client relationship.  Your friend should really speak with an employment lawyer ASAP.  Bob Lipman, www.lipmanplesur.com ... Read More