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Can I sue my employer for this?

New York, NY |

I was working at DJK a company that takes care disabilities with MR Mental Retardation, The trainer for DJK a male who is gay, Im male also but straight, he got my phone number and started txting me about him wanting to perform oral sex on him and I did not reply, he did this twice, then he added me on facebook and started messageing me about how sexy my pics are, I don't want to sue him but the company DJK since hes the trainer there? Can I sue for this and whats the chances of winning?

Attorney Answers 6

  1. I suggest you arrange a consultation with an employment attorney to discuss the matter in detail.

  2. It sounds like you have grounds for a sexual harassment complaint. Assuming you are still working there, you should review the company's employee handbook/manual to determine the procedure to follow. Usually you are required to report such behavior to your supervisor or to Human Resources. If you are no longer working there or you need more guidance, you should invest in a private consultation with an employment attorney. Do not post any particulars on this or any other online forum.

    The information provided above is for general purposes only. It does not constitute legal advice or create an attorney-client relationship. Seek competent legal representation, because the facts of each case are different.

  3. In order the have a case, you would have to report this conduct to a superior (in conformance with the procedures in any employee manual or other written policies that may exist) and give the company a chance to remedy the situation. If they do not, you can file a claim with the NYC or NYS Department of Human Rights or the EEOC, if your company has sufficient employees for such jurisdiction. Once the administrative agency has investigated, they will either take on the case themselves or give you permission to privately sue them. The problem in your case is there seems to be no adverse employment action or other damages to you, so it may not be worthwhile pursuing a case. However, if you are retaliated against by the company for reporting this, that's a whole other story.

  4. Do not identify the company on line. This forum is not confidential. Consult with a local employment lawyer. Copy akk the Facebook pages and texts in case someone retracts them.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or

  5. You first need to report it to your superior, and let them have a chance to remediate.

  6. Please ensure you have a back-up of all the texts-take a print out if possible. If you don’t know how to do that, use a digital camera to photograph the texts. Do the same with the facebook messages.

    Then, schedule a consultation with an experienced employment lawyer, who will assist you in reporting the acts of alleged sexual harassment in a way that’s protective of your interests.

    If the employer doesn’t take corrective action, then your employment lawyer can advise you about escalating the process by filing a charge with an administrative agency and/or a lawsuit in court and/or commencing arbitration.

    -Denise K. Bonnaig

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