Legal Question in Employment Law in New York

Employment

I am an hiv+ male, aged 60,

i have been with the same firm

for 17 years.

Over the past few years the

stress level in the office has

become almost unbearbale as

the tension is pervasive due to

the boss and another employee.

I have been treated now for

over 10 years and my diagnosis

for the past few years has

included high blood pressure

for which i take a drug.

My question:

if i leave this job due to the

stree level etc., can i:

1.Collect unemployment

2. File a lawsuit against my

employer for behavioural\

problems.

Please advise

thank you


Asked on 6/04/07, 1:20 pm

1 Answer from Attorneys
Jason Stern Law Offices of Jason Stern

Re: Employment

As an attorney who focuses on Employment Law and Severance Negotiations, I have been successful in negotiating severance agreements in which the company agrees not to contest any claim for unemployment benefits.

With regard to a claim for the hostile work environment, you would need to demonstrate that such hostility was: (1) Directed at you (not another employee, as stated in your Q); and

(2) Directed at you because of your age, sexual orientation, or disability.

Like many employees suffering through difficult work situations, your situation may be more appropriate for what I term a "Leveraged Negotiated Severance Agreement" whereupon the company is formally notified of your situation and your position and is asked to come to the table to negotiate an amicable departure.

If you need further assistance, you may contact my office at [email protected]

Good luck!

Read more
Answered on 6/04/07, 1:38 pm


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