Legal Question in Employment Law in New York
I was hired by this company to be the designer. I had an agreement with the owner of 60,000 a year and two weeks vacation to start. Along the course of my employment I was touched and sexually harrassed by the owner. I really needed this job badly since loosing my job of 10 years and being unemployed for a year and a half. Every time I was touched I told two other employees. The human resource person and te warehouse supervisor. Being told every time , you need this job just try and stay clear of him. This past week he called me into his office and told me he would be letting me go and it would be my last day because he couldn't make payroll. Just te day before he asked me out again and touched me and said he was disappointed I wouldn't agree to go out with him. He's 81 by the way! Any how he saw me buying supplies for a presentation and said nothing so I was surprised when he said it would be my last day. Now to boot, he won't pay me my vacation time. I on the schedule to start my vacation April 6. He said I'm not in tittle to anything. I'm relieved in a way to not have to deal with him but I think I'm in tittle to my vacation since it was part of the Agreement when I was hired.
3 Answers from Attorneys
It would appear, based on your facts, that you have a sexual harassment claim. You also may be entitled to be paid for you vacation time. Please contact me so that we can discuss the matter in greater detail. Thank you.
No one should be subject to an unwanted touching by a co-worker or supervisor. The law protects people from being forced to choose between sexually harassed and keeping your job. The facts, as you set them out, may lead to a sexual harassment claim in the form of a hostile work environment and other issues. You should consult with an experienced employment attorney as soon as possible to understand what all of your rights are in this situation. My firm offers a free telephone review:
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You certainly could go to Small Claims Court and sue for your vacation pay. If you wish, you can also pursue a claim for sexual harassment.
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