Legal Question in Discrimination Law in New York

labor abuse

What can a person do when a supervisor use verbal abuse with coworkers that are ilegal in the us?


Asked on 9/11/07, 5:00 pm

1 Answer from Attorneys

Lawrence Silverman Law Firm of Lawrence Silverman

Re: labor abuse

You will want promptly consult an attorney on this matter and not try to deal with it on your own. Note that there are strict deadlines, statutes of limitation, in this kind of case, and you will want to take action quickly and with the guidance of an experienced attorney. This is because if the abuse is e.g., racist in nature, or a form of sexual harassment, or directed against your ethnic origin or nationality, then this is a 'HOSTILE WORK ENVIRONMENT" case and there are a number of different government agencies (federal, state, and in some cities, city agencies, where you can lodge a complaint. However, the choice of which agency you initiate the complaint with, can lock you into a sequence of followup actions and prevent you from pursuing other alternatives.

There is no "one size fits all" best answer how to initiate a case, and you should consult an attorney as to the consequences of the various alternatives, the opposing pluses and minuses, for e.g., suing for and obtaining various kinds of damages down the road.

Note that the fact that this is a supervisor and not a mere co-worker may make it that much easier to win in court against your employer.

If the abuse is not racist, nor sexual harassment, then you might be able to sue the supervisor for intential infliction of emotional distress and/or sue the employer for negligent hiring and/or negligent retention of that supervisor among other possible causes of action, and win monetary damages.

Some of my associates are experienced in this kind of litigation.

If you want, you can contact me via the e-mail or telephone number provided in my LawGuru attorney profile and I can get you together with my associate attorneys to advise you in this matter.

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Answered on 9/12/07, 1:25 am


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