Legal Question in Sexual Harassment in New York

Sexual Harassment

My husband and I are owner operators of a trucking company. We were leased on to another company. The owner of the other company made sexual advances towards me. My husband is the truck driver and I'm the book keeper. Can we file sexual Harrassment charges againts this man? What is the law? Would I have had to sign the lease agreement to be an employee? Do I have to be an employee of his company to file? My husband quit his job because he kept harrassing him too.

Thanks


Asked on 9/04/01, 3:15 pm

1 Answer from Attorneys
Harold M. Weiner Coles & Weiner, P.C.

Re: Sexual Harassment

I am not sure that you would have to be a signatory. The critical question is, when you were " leased " to him did one or both of you become his " employee ". That would depend on traditional views of who is an employee from the IRS 's standpoint, and New York Law, whichever is more favorable. I need to know more about the relationship day to day and the lease agreement, and whether or not you are a shareholder in the truck corporation or what the structure is, that you " leased " to this man. And there may be other avenues of redress such traditional concepts of interference with an advantageous business relationship, which could be utilized against this man, to say nothing of civil assault and battery if he touched you, and loss of consortium.

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Answered on 10/24/01, 11:19 pm


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