Legal Question in Employment Law in New York
Quitting on basis of Hostile Environment
I have been employed by a small family-owned company in farmingdale, NY for four months. The GM is the owner's son. Both are active in the running of the business and I report to and accept work from both. The office manager (employed for over 20 and family friend), had been beligerant and verbally abusive. I have been spoken to by the GM and told that OM is not easy to deal with and is threatened by newer, younger people. If I am given a task by the Owner/President that either GM or OM do not agree with I am verbally assaulted with profanity eg. ''Why the f%$# did you do that? ''What are you f&^%ing stupid?'' I have complained to both the owner and the GM and yet the abuse continues. Work has become unbearable, but before I quit, financially I need to know if I would qualify to collect unemployment and do I have any legal recourse as far as the verbal abuse (is that considered harassment)?
2 Answers from Attorneys
Re: Quitting on basis of Hostile Environment
"Hostile Work Environment" is a term of art in sexual harassment cases, where the employee claims a constructive discharge.
While your bosses sound like obnoxious, disgusting people, you have not complained of SEXUAL harassment.
Re: Quitting on basis of Hostile Environment
You are free to quit. It will be up to the NYS Department of Labor whether or not you will collect unemployment insurance. The initial determination will have to be that you were justified in leaving because of the work environment. if the boss and his family are that nasty, chances are they may try to block you. DO NOT LET THAT DISSAUDE YOU FROM FILING. Even if the Unemployment Insurance division initiallly rejects your claim, you can go, without an attorney to an Administrative Law Judge Appeal at no cost to you. If there are fewer than 15 full time employees, there is no jurisdiction in the Federal system for age discrimination, but the NY State laws protect you from age 18 and up, as opposed to 40 and up, and prevent reverse discrimination that you are " too young " for doing something if you are otherwise qualified.
No lawyer can make them be nice. Nor judge, except maybe Judge Judy and she is not a real one anymore.
Leave. Life is too short.
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