By Ricotta & Marks, P.C. on August 20th, 2021 in
How do I File a Harassment Claim Against My Employer? In an ideal world, employees would have no issues with their employers. Everyone would work harmoniously without harassment or discrimination. Unfortunately, this is not always the case.
Workplaces are not always friendly. A co-worker, client or supervisor may discriminate or harass you to the point where you do not even want to come to work anymore. You may think that your only option is to quit your job, but it is not. There are things you can do to end the bullying you are facing in the workplace. Read on to learn more about the various employment claims and how to file a claim against your employer.
Types of Employment Claims
There are several common employment issues that you may encounter in the workplace, such as:
- Under the law, your employer cannot discriminate against you based on your gender, age, race, national origin, disability or religion. Discrimination may occur in terms of hiring, pay, promotions and discharge.
- Harassment may or may not be sexual in nature. An employee who is teased and ridiculed to the point where it creates a hostile work environment may file a claim against their employer.
- Sometimes employers will retaliate against a worker who files a claim. Retaliation such as demotion or termination is illegal.
- Wrongful termination.An employee cannot be terminated due to discrimination or retaliation.
Filing a Claim
If you are facing discrimination or harassment at work, here are the steps you should take to remedy the situation:
- Follow any policies set in place. Some companies have anti-harassment policies and procedures in place. If this applies to you, make sure you follow the steps for reporting the situation.
- Document the situation. Write down details about the incidents, such as when, where, who was involved and what was said or done. Identify any witnesses who can corroborate your story.
- Talk to your employer. Your supervisor or manager may not even be aware of the situation, so it helps to communicate and let them know. Most employers will want to avoid legal action, so they will most likely work with you to stop the problem.
- File a claim. If you have informed your employer about the situation and nothing changes, you have the right to file a claim with the Equal Employment Opportunity Commission (EEOC). Do not wait too long, though, as there are specific time limits that apply (up to 300 days). You can file a claim online, in person, by mail or by phone. The EEOC will investigate and give you a Notice of Right to Sue. At that time, you will then have 90 days to file a lawsuit.
Contact a New York Employment Law Attorney
You have the right to work without harassment, discrimination or retaliation. If your employer has broken the law, take the necessary steps to hold them accountable.
The employment law attorneys at Ricotta & Marks, P.C. are willing and able to take action against your employer. Our goal is to protect your legal rights. Schedule a free consultation by calling (347) 464-8694 or filling out the online form.