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Dwayne B.
Dwayne B., Lawyer
Category: Employment Law
Satisfied Customers: 32323
Experience:  Employment Law Expert
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I am currently out on disability, because I have not gotten

Customer Question

I am currently out on disability, because I have not gotten help in the past or currently for harassment and more
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Ny
JA: Is the employment agreement "at will," union, full time or part time?
Customer: Yes full time I have been there 19 years and am basically getting pushed out because of the lack of help
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 6 days ago.
Category: Employment Law
Expert:  Dwayne B. replied 6 days ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Expert:  Dwayne B. replied 6 days ago.

Is there a specific question with which I could assist?

Customer: replied 6 days ago.
Do I have case against company? I have multiple times tried to get help for harassment since 2013 and they were saying it was a communication problem. Later they decided to split my boss's position and this would give me a new boss, which I hoped would be the answer.He seemed to be at first, he was quite charming and actually said nice things. I found out as time went on that he was a complete fake. The company hired him knowing of a questionable background for which he was court martialled. He took advantage of me when my self esteem was really low and is now harassing me.
Expert:  Dwayne B. replied 6 days ago.

What was the basis for the harassment? Not all harassment is illegal, just harassment because you are a member of a protected group (ex. age, gender, sexual, disability, etc.)

Customer: replied 5 days ago.
Originally with first boss years worth of digs. With current boss it is badgering, treating women differently, more work given to the women while men are taking advantage of overtime and not getting work done. I am a salaried worker that was working a lot of overtime. There was one very inappropriate evening outside of work after he made me feel sorry for his court martial. This was early on before he started harassing me. He also brags about being lazy which I thought he was joking at first, but is not. He has his female employees doing his work for him.
Expert:  Dwayne B. replied 5 days ago.

If the basis of the harassment is your gender and that can be proven then yes, you would have a case. You would first need to file a charge of discrimination with the EEOC, you can find the closest office at www.eeoc.gov. The EEOC will then investigate and either pursue the matter for you or send you a "right to sue" letter which means you can then file a lawsuit. If you don't file with the EEOC then you will not be able to pursue the case since you will have "failed to exhaust all administrative remedies".

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