Employment

New York is an employment “at will” state. That means that you can lose your job for most reasons, even unfair ones. Most employees take cold comfort in knowing that they are free to quit whenever they want. The nasty, abusive boss can usually make his workers totally miserable with impunity.

There are important limits to this offensive conduct, however. Remarks and insults relating to one’s gender, ethnicity, race and religion fall into an area protected by federal, state and New York City law and may well give the victim the right to sue.

Federal employment statutes are aimed at correcting abuses in the workplace so there are important rules to be followed before making a claim. Offensive conduct must be reported to a supervisor in order to give your employer the chance deal with it appropriately. If this fails, claims must usually be brought no later than 300 days after the incidents complained of to take advantage of federal law.

A formal complaint must first be filed with the Equal Employment Opportunity Commission which then has up to six months to investigate and act. After six months, a claimant may request the right to sue on his or her own. Keep in mind that the intent of the law is that claims must be filed swiftly to preserve them. Also keep in mind that one or two incidents will not generally support a claim.

The worst thing a boss can do is retaliate when a complaint - even a worthless one - has been made. Retaliation can expose an employer to extremely heavy damages.

Whether you are an employee or a boss, knowledge of what constitutes improper workplace conduct can be essential. Don’t be a stranger to your lawyer. He or she can help guide you through this particularly treacherous area of the law. Always seek legal advice before trying to deal with a situation involving improper workplace conduct.

Bernstein Philip M Attorney
Address: 595 Stewart Avenue
Garden City, New York 11530
Phone: (516) 222-0440
Fax: (516) 222-2971
Email: philaw@optonline.net