Legal Question in Employment Law in New York
Workplace Harassment
I worked at a place for a month, but
was forced to resign due to two co-
workers who harassed me--they
yelled at me, talked down to me, and
ultimately made doing my job
supremely difficult. I addressed the
issues with all the managers, but
nothing was done. I had no choice
but to quit that hostile environment
(detailing the incidents on my
resignation letter and even sending it
to the CEO). I bargained for 2 weeks'
severance, but I still haven't signed
the contract for it. I don't know if
there's a case or not, but I wanted to
be certain as I'm currently
unemployed. Is there something
here?
3 Answers from Attorneys
Re: Workplace Harassment
Additional details are required. However, if the harrassment included slurs directed to your membership in a protected class under the law, e.g., racist slurs, or slurs based on your gender or slurs against your religion or slurs against your nationality or ethnicity, then, YES, you might have a case worth pursuing under both federal civil rights laws and state laws.
If the harrassment did not fall into any of the above categories, then the situation is less clear cut. You might have a case against the employer for a lawsuit based on INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (or for RECKLESS INFLICTION OF EMOTIONAL DISTRESS) but you would have to show that this HARASSMENT WAS DONE TO YOU BY THESE EMPLOYEEs in the course of their "acting within the scope" of their employment duties and NOT as a PERS0NAL INSULT against you (and this is where many of this type of lawsuits fail, are lost and defeated), and you would have to demonstrate that the harrassment was severe enough to amount to either RECKLESS OR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS, which can also be a tough hurdle to get past.
For a more detailed discussion you can leave me a message on my voice mail or you can e-mail me, and I will get back to you and see what we can do with your case. You can find both my e-mail address and my telephone voice mail by following the LawGuru link to my LawGuru Attorney Profile.
Re: Workplace Harassment
Additional details are required. However, if the harrassment included slurs directed to your membership in a protected class under the law, e.g., racist slurs, or slurs based on your gender or slurs against your religion or slurs against your nationality or ethnicity, then, YES, you might have a case worth pursuing under both federal civil rights laws and state laws.
If the harrassment did not fall into any of the above categories, then the situation is less clear cut. You might have a case against the employer for a lawsuit based on INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (or for RECKLESS INFLICTION OF EMOTIONAL DISTRESS) but you would have to show that this HARASSMENT WAS DONE TO YOU BY THESE EMPLOYEEs in the course of their "acting within the scope" of their employment duties and NOT as a PERS0NAL INSULT against you (and this is where many of this type of lawsuits fail, are lost and defeated), and you would have to demonstrate that the harrassment was severe enough to amount to either RECKLESS OR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS, which can also be a tough hurdle to get past.
For a more detailed discussion you can leave me a message on my voice mail or you can e-mail me, and I will get back to you and see what we can do with your case. You can find both my e-mail address and my telephone voice mail by following the LawGuru link to my LawGuru Attorney Profile.
Re: Workplace Harassment
Additional details are required. However, if the harrassment included slurs directed to your membership in a protected class under the law, e.g., racist slurs, or slurs based on your gender or slurs against your religion or slurs against your nationality or ethnicity, then, YES, you might have a case worth pursuing under both federal civil rights laws and state laws.
If the harrassment did not fall into any of the above categories, then the situation is less clear cut. You might have a case against the employer for a lawsuit based on INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (or for RECKLESS INFLICTION OF EMOTIONAL DISTRESS) but you would have to show that this HARASSMENT WAS DONE TO YOU BY THESE EMPLOYEEs in the course of their "acting within the scope" of their employment duties and NOT as a PERS0NAL INSULT against you (and this is where many of this type of lawsuits fail, are lost and defeated), and you would have to demonstrate that the harrassment was severe enough to amount to either RECKLESS OR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS, which can also be a tough hurdle to get past.
For a more detailed discussion you can leave me a message on my voice mail or you can e-mail me, and I will get back to you and see what we can do with your case. You can find both my e-mail address and my telephone voice mail by following the LawGuru link to my LawGuru Attorney Profile.