Legal Question in Employment Law in New York

Re: Hostile Work Enviornment. Employer Advertising for my Job Without my Knowledge

It depends on the nature and intensity of the abuse.

If the abuse is discriminatory in nature, at least in part, directed at your race or religion or ethnicity or age or gender or sexual orientation, then your rights under various federal and state and city laws have been violated, and you may have recourse to file a lawsuit against your company in federal or state court, or to lodge a complaint against your company with the EEOC (federal Equal Employment Opportunity Commission) or NYSDHR (New Yor State Division of Human Rights) or to various city agencies (e.g., in New York City, to the NYCCHR (New York City Commission on Human Rights).

Also, if this abuse is discriminatory in nature, it might be used as evidence to demnstrate that the company's attempt to terminate and replace you is motivated illegally by discrimination against your religion/gender/ethnicity in violation of applicable federal or state or city civil rights laws.

Otherwise, if the abuse is not discriminatory in nature, not directed to your embership in some group protected by federal or state or city civil rights laws, you may still have the basis for a lawsuit against your company and against your supervisor, for infliction of emotional distress (especially if you can get medical rtestimony that the abuse is harming you physically)and against your company for its inaction against that supervisor's abusive behavior, i.e., the company's negligent hiring of the supervisor, negligent retention of the supervisor,

and for negligent supervision of that supervisor.