Legal Question in Employment Law in New York

My husband was hospitalized over a month ago for blood in his stool, (yes this is a serious question) he was seen in the ER and written out of work for several days with instructions to follow up. He went to pick up his pay that Friday and several coworkers asked him about his "bleeding ass" and some other rude comments about inserting items in his rectum and being homosexual. His direct boss did not return his calls when he attempted to return to work. He contacted the owner of the company and after several days of leaving messages was called by the direct boss's assistant telling him he had been transferred to another department. Since being transferred, his pay and hours have been cut - there have been ongoing issues with his shifts (he is a full time employee) being given away to per diem employees from the department he was transferred to. He has arrived at work on time on at least on of these occasions only to be sent home because the "per diems need work". He has been called a crybaby for bringing these issues to the company owners attention by his former supervisor and told to "just deal with it, thats the way things are". On the vacation calendar where he requested 2 days off his former boss went to the current boss's officer and wrote "off for all of july, august, september and maybe forever" implying that he is going to now be fired. Is this harrassment?


Asked on 6/23/11, 8:19 am

1 Answer from Attorneys

Locksley Wade Law Office of Locksley O. Wade

Your husband must make a formal (written) complaint against his company after getting advice and counsel form an employment law attorney. The longer he waits or if he uses the "I can afford it" excuse, the greater the chance he will not preserve his rights under the laws against workplace discrimination.

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Answered on 6/26/11, 6:09 am


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