Employment Law Questions? Ask an Employment Lawyer.
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This is an unfortunate situation, does she feel this is due to her gender, race, age, or any other protected civil rights?
yes, she feels this is due to her race since they are very racist at this hospital; One of the nurses even said to her a comment about "you people"
she is African American
Since she has filed a complaint and nothing has happened, she would need to file an official discrimination complaint with the State and if she is in the city, a local civil rights complaint, and let them handle the matter,
They will investigate the matter, and if they find that discrimination is an issue, they will allow her to sue the employer for discrimination, and creating a hostile work environment,
Also, she can sue the individuals at work for defamation, since they are making false complaints about her,
For more information about filing a discrimination or harassment claim in New York, see our page on filing a discrimination complaint: New York
Discrimination/Harassment - State Agency
New York Division of Human Rights (DHR)
Web Address: http://www.dhr.state.ny.us/
Discrimination/Harassment - Local Agency (New York City Only)
New York City Commission on Human Rights40 Rector StreetNew York, NY 10006Phone:(NNN) NNN-NNNNbr/>Discrimination Complaint Hotline:(NNN) NNN-NNNNbr/>(An automated voicemail system responds to callers in English and Spanish)Web Address: http://www.nyc.gov/html/cchr/home.html
Discrimination/Harassment - Local Offices of Federal Agency (EEOC)
Equal Employment Opportunity Commission (EEOC)Buffalo Local Office6 Fountain PlazaSuite 350Buffalo, NY 14202Phone:(NNN) NNN-NNNNbr/>TTY:(NNN) NNN-NNNN/p>
Equal Employment Opportunity Commission (EEOC)New York District Office33 Whitehall St.New York, NY 10004Phone:(NNN) NNN-NNNNbr/>TTY:(NNN) NNN-NNNN/p>
She would file a complaint, with the above local office,
Do you think if we hire an attorney that would have any merit to shut them down? She just want s to get out of this hospital. She has applied for positions in other hospital under the jurisdiction of this hospital and feels if she can get out of here the problems will resolve.
We thought if an attorney met with the director and they realized that she was serious that this might back them off so that she can get out of here
an attorney can send a letter threatening legal action, and could force the employer to let her go,
However, if she actually files a complaint,
the employer may through mediation,
allow her to go to another employer,
That is what I thought. I am in school right now to become a mediator/arbitration and am finishing my MBA in this field but unfortunately I am not finished yet so I am unable to assist her in this area.
She should consider filing the complaint,
it would save her money,
So maybe hiring an attorney that specializes in this area might be the answer. Can you recommend an attorney in the Buffalo NY area?
if nothing happens, she can retain an attorney to threaten legal action
You would have to contact a local Buffalo employment attorney, you should contact the Buffalo bar association, they will give her a list of local attorneys.
okay thank You.
Good luck, and if you have any further questions please do not hesitate to ask.
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