Legal Question in Employment Law in New York
Hostile Work Environment?
I work for a transportation co. who is sub contracted to a local school district for transportation. I have been suspended from driving for the school due to unsubstantiated claims by the superintendant.The school contract accounts for 98% of all work contracted,hence I am effectively out of work due to this claim.Do I have any legal recourse against the school? I have never been disaplined by the school nor my employer for any inapropriate behavior prior.There have been other drivers who remain employed dispite documented inapropriate behaviors.
1 Answer from Attorneys
Re: Hostile Work Environment?
It depends what the unsubstantantiated allegations are, and how they were made, as well as to whom. If the allegations are comments about your performance on the job, made in the course of a normal review, they are quasi priveleged, and probably not actionable.
Howevere, if the claims accuse you of a crime, and have been made in a fashion other then what is regular for a performance review, they might be the basis for a defamation claim.
As to hostile work environment, this has to be ASSOCIATED WITH A DISCRIMINATION CLAIM, so the questions to ask are 1) are you a member of a protected class (gender, age, race, national origin, etc.);and 2) are the hostility in the work environment and the claims you refer to related to this subject if you are?
This is what my practice involves, so if you elaborate I will respond.
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