Should I file a claim with NYS against my employer for sexual harrasment, verbal abuse or try to sue on my own.

Asked about 1 year ago - Binghamton, NY

6 1/2 years of off and on touching or verbal abuse and degrading comments. Company aware and it was reported more than once. Entire company is supportive including president of company but not my boss who will not appropriately handle situation and then I endured retaliation previously. Person who has committed inappropriate acts, come to find out just recently, has a history of over 20+ years of being abusive to employees and female employees but boss favors this person and puts his best interests above everyone elses. He doesn't want to lose this employee because he feels he is not replaceable and favors him in all ways. I'm at a loss and looking for another job, depressed and feel sick more often than not because of constant tension and this guy being favored

Attorney answers (5)

  1. Ryan M. Finn

    Pro

    Contributor Level 13

    6

    Lawyers agree

    Answered . I would definitely speak to an employment lawyer before filing a lawsuit on your own. If no lawyer will take your case, then I would file a claim with the SDHR or EEOC.

    PLEASE READ THIS DISCLAIMER * I very much like to offer my advice and guidance to those in need. It is why... more
  2. Daniel DeMaria

    Contributor Level 14

    5

    Lawyers agree

    Answered . I am sorry you are experiencing these difficulties. I would strongly advise you to contact a lawyer prior to launching a lawsuit on your own. If you have a good case, a lawyer will be willing to take it on a contingency fee basis where the lawyer's fees come out of any judgement or settlement you receive. Additionally, and in order to sue under Federal law, you need to file a claim with the EEOC. Most lawyers, including myself, offer free consultations.

    Atty: 845-704-7777. This answer is provided for informational purposes only and does not constitute legal advice.... more
  3. Christian K. Lassen II

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . Don't try to sue on your own, as you certainly don't want to sabotage your case. Retain a local sexual harassment lawyer to give yourself a fighting chance.

  4. Vincent Peter White

    Contributor Level 18

    2

    Lawyers agree

    Answered . You should schedule a consultation with an experienced employment attorney in your area immediately. The consultation should be free and should provide you time to explains the specifics of what you are enduring so that the attorney has all the facts he or she needs to advise you.

    This answer does not constitute legal advice and you should contact an attorney to confirm or research further any... more
  5. Denise Kingue-Bonnaig

    Pro

    Contributor Level 9

    1

    Lawyer agrees

    Answered . It would not be in your interests at all to file a claim in Court (or anywhere else) without representation by an experienced employment lawyer.

    An experienced employment lawyer will advise you about which claims to assert, which claims are timely and which claims are not, what evidence to put forward in support of your claims, whether that be documentary evidence and/or witness statements, and the best forum to have your claims heard/adjudicated.

    Please schedule a consultation with an experienced employment lawyer, ASAP. Each day that goes by without you doing something about this, is a day in which you are harming your own interests.

    -Denise K. Bonnaig
    212-374-1511

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