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?


Asked on 1/24/08, 2:25 pm

3 Answers from Attorneys

Lawrence Silverman Law Firm of Lawrence Silverman

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.

Read more
Answered on 1/30/08, 1:28 am
Lawrence Silverman Law Firm of Lawrence Silverman

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.

Read more
Answered on 1/30/08, 1:29 am
Lawrence Silverman Law Firm of Lawrence Silverman

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.

Read more
Answered on 1/30/08, 1:30 am


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