Legal Question in Employment Law in New York
Can I sue my boss for emotional distress? My boss promised me a promotion and it never happened. Then time went by and She called me up and proposed to me again a higher position and once again I fell for it! I was transfer to another location where there were problems. I accepted and when everything was up and running; she transferred me to another department which still falls under her, changing my shift hours because according to her I wanted her to fire my co-worker.
When I was transfer to this dept, there was a person who was suppose to be my co-worker. This co-worker continuesly kept yelling at me infront of clients when ever it got busy, she would just snap at me and I kept complaining to my boss about this yelling issues. At one point she even insulted my nationality infront of the supervisor and nothing was done about it.
In feb of this year my co-worker complained that she wanted to do part of my job since according to her it was so much easier and that I was to do some of hers which was more difficult. The boss deternined that everything was to be split evenly. On a daily basis at the end of the day, I would give her half of the paper work and she kept putting it in her draw. All that accumulated to the point that when my boss found out, I was accused of given her more and i would keep less this way I would be up to date and she would always be behind. According to my boss this was my way of trying to get rid of my co-worker.
Then instead of writing her up, my boss took away all the paperwork from months behind, given her the opportunity to start fresh! Then still she wasn't able to keep up, so my boss will give her extra time by herself so she could do it; meanwhile I was left alone dealing with everything else.
I couldn't take it anymore so one day after my co-worker came back from her isolation spot, and so it happens that my supervisor was there, I turned and I asked - so is this how it's going to be? are we both going to get time alone without distraction to do our work? My supervisor answered - that our Boss could answer that for me. I turned back and I said "favoritism!. My co-worker cursed me out and went running to the boss's office, then I saw my co-working coming back and my boss behind her and some other supervisor.
The next day a letter marked confidential was attached to my timesheet, stating "due to operationals needs you are being transferrd to another department"!
I went to speak to Labor relations and the EEO, and no one helped me. Now I am working under great emotional distress because not only I have to see my Boss face every single day, but because of the injustice that I feel she did to me. I have being in the organization way longer then my co-worker, she was a temp who recently became perdiem, and I am a permanent employee.
The good thing that everything could have being proven by requesting a simple report from our IT dept, However my boss said no to me.
Now my boss critizises my every move is on top of me always as if I was a bad employee. She also switched my hours which I can't work and don't want to give me back my hours 9 to 5pm which is in my contract. She also have me doing other things which is not in my contract.
How do I get out? I work for the city of new york public hospitals know as HHC. Is there anything I can due? I feel discriminated against and accused of things that I didn't do!
1 Answer from Attorneys
Simply stated, your story does not indicate that you are a victim of unlawful workplace discrimination unless you are able to show that you are a victim of race, age, sex, trans-gender, sexual orientation, disability, genetic information, nationality, family medical needs, or pregnancy discrimination or any perception thereof.