Legal Question in Employment Law in New York

Re: Harrassment leading to termination

The fact pattern certainly appears to provide a basis for a sexual harassment lawsuit, an action under Title VII of the Civil Rights Act. Please telephone me at (212) 618-1830 to discuss the relative merits (and demerits) of your case.

Re: Harrassment leading to termination

Since the "harassment" is not of a sexual nature, you would need to establish that the "harassment" was somehow discriminatory on the basis of some protected area, i.e., race, gender, religion, etc.

Simple "harassment," per se -- meaning harassment that you were not performing your work adequately, for example -- is not actionable.

Also, if you have some sort of employment contract that changes the default of being an "employee at will," you may have a claim for breach of such contract if, in fact, the "harassment" constitutes a breach.

Thus, to summarize: You need to establish an unlawful discriminatory basis for the harassment in order to maintain a statutory claim or a breach of an employment contract.

-- Kenneth J. Ashman; www.AshmanLawOffices.com

This communication is intended for informational purposes only and is not intended to create an attorney-client relationship, which, under the policies of Ashman Law Offices, LLC, can only be created by execution of a formal retention agreement.