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Workplace harassment in New York City occurs when an employee is treated in a manner which would be seen as offensive or perverse because of specific characteristics that are protected by law. This type of treatment is also known as a hostile work environment and is illegal. For the past 25 years, the attorneys at the Derek Smith Law Group has helped victims of workplace harassment receive the compensation they deserve.
Workplace harassment is also known as creating a hostile work environment. In New York City, it is not illegal for an employer, supervisor, manager, CEO, or fellow employee to be mean or treat you poorly. However, it is illegal for this treatment to be based on your race, religion, gender, sexual orientation, national origin, disability, age, pregnancy, gender identification, military status, citizenship status, or any other protected class.
This type of treatment must be offensive by more than a petty, slight, or trivial inconvenience. Workplace harassment may come in the form of offensive jokes, berating, offensive name-calling, physical threats of violence, threats affecting the quality of your work environment, and more.
In order to prove workplace harassment, you must prove three things.
1. The harassment is based on you being a member of a protected class. Under Title VII of the Civil Rights Law of 1964, a protected class includes:
2.The harassment is more than a petty, trivial, or slight inconvenience. In New York City, this is a more lenient definition of harassment than in mother states. However, it means that the harassment must present a problem and be offensive, but it does not necessarily mean it needs to be severe.
3. The workplace harassment makes your job unbearable, causing a reasonable person to quit the place of employment if able. You may stay at a place of employment even when experiencing workplace harassment because you may not have another option at the moment. However, that does not mean a reasonable person with options would stay employed. The fact that the harassment is unbearable may be evidence of the extreme pain and suffering you endured just to make sure you still receive a paycheck.
Workplace harassment, or a hostile work environment, occurs when you are harassed by your employer, co-worker, supervisor/manager, or CEO. As mentioned, this has to be based on you being a member of a protected class. Here are some examples of workplace harassment:
Filing a workplace harassment lawsuit in New York City depends on the claim in which you want to use for your case. You have between 300 days and 3 years to file your claim.
If your claim is based on discrimination and you wish to use Title VII as your basis, you have a time limit of 300 days to file a claim with the Equal Opportunity Employment Commission (EEOC). The EEOC will investigate the claim and issue a Right to Sue Letter if you have a valid Title VII claim of workplace harassment.
The New York City Commission on Human Rights (NYC CHR) provides a time limit of 3 years to file your lawsuit for workplace harassment.
Victims of workplace harassment in New York City are entitled to compensation under the law. Some of the remedies available through the courts include:
Discover how our expertise has helped clients overcome their legal challenges and achieve successful outcomes.
View All TestimonialsDuring the time that I really needed a good counselor and I was approaching different attorneys unfortunately before they heard the problem they were demanding a retainer fee. A friend of mine introduced me to the Derek Smith Law Group and I was very fortunate to be answered by Matt Finkleberg who was very polite and understanding and gave me a lot of confidence without asking for any fees in f... Read Full Testimonial
Matt Finkleberg is by far the best attorney I’ve ever hired!
Matt Finkelberg is an outstanding attorney. It was a pleasure to have him represent me for my employment case. He was very easy to talk to. He was very supportive and knowledgeable throughout the whole process. He explained the entire process to me and kept me informed every step of the way. Matt fought diligently throughout my case to make sure my case was represented best. I am very gratef... Read Full Testimonial
Matt Finkelberg is a top notch lawyer. He is very easy to talk to and truly cared about me as his client. He definitely earned my trust and confidence in his capabilities to represent me in the most professional respects. I give Matt and his firm the Derek Smith Law Group my highest recommendation to anyone who is seeking legal help for employee/employer related matters.
Matt Finkelberg is a life saver. During this whole process not only did I have a great lawyer but I also made a great friend. Matt was very attentive to my case, and mental health. Matt helped me during probably the darkest time of my life and for that I am forever grateful to have came across the Derek Smith law group. As a past client, I 100% recommend Matt Finkleberg. Matt provides a safe sp... Read Full Testimonial
It was a pleasure to have Casey represent and help me for my employment case. It was my first time needing an attorney, so I was a bit apprehensive at first – Casey took the time to answer all of my questions and fully explain everything to me, which really put me at ease. He was very attentive, supportive, and knowledgeable throughout the whole process – Casey would ask questions to ensure... Read Full Testimonial
matt is an excellent attorney. he handled my case with the utmost care and highly exceeded all expectations. i could not recommend derek smith and esp. matt finkelberg enough
It was a pleasure to have Casey represent and help me for my employment case. It was my first time needing an attorney, so I was a bit apprehensive at first – Casey took the time to answer all of my questions and fully explain everything to me, which really put me at ease. He was very attentive, supportive, and knowledgeable throughout the whole process – Casey would ask questions to ensure... Read Full Testimonial
You will be in great hands at this firm! Alyssa the managing paralegal is an absolute professional who excels at what she does. You can tell she truly cares about providing the best service possible, and is passionate about helping her clients. With Alyssa at the helm, this firm is a top-notch choice for anyone seeking assistance. Highly recommend!
Matt Finkelberg is Amazing and Devotional! It was a pleasure to have Matt represent me for my employment case. He was very attentive, supportive, and knowledgable throughout the whole process. Whenever I reached out he responded promptly which I greatly appreciated. Matt fought diligently and hard throughout my case to make sure my case was represented best. Thank you again Matt for everything.... Read Full Testimonial
Olivia is absolutely outstanding! She understands the emotional side of your case while being able to find the legal aspects of holding the employer accountable for breaking the law! Made a really terrible situation a little easier by explaining everything and helping me get everything in order and in the right hands. I would not use anyone else! Call them for any sexual harassment case... You ... Read Full Testimonial
Our dedicated attorneys are ready to fight for your workplace rights and ensure justice!
A workplace harassment lawsuit in New York City can take anywhere from 4 to 6 months to a year or longer to resolve. If your employer is willing to negotiate a fair settlement with you, your case may settle within 4 to 6 months without ever having to step foot in a courtroom.
However, if your employer refuses to negotiate a fair settlement or wants to take your case to court as a matter of policy or principle, the preparation for trial may take 8 months to a year or longer.
The actual trial may then take an additional few days to several weeks or more before a judgment is entered.
As a victim of workplace harassment, it is not easy to decide what your next step should be. However, as you decide on whether or not to file suit, here are a few things you can do to help prepare for your decision:
All employees have a right to work in an environment in which they are not the victim of offensive or harassing gestures or language based on being a member of a protected class.
If you are the victim of workplace harassment in New York City, the experienced attorneys at the Derek Smith Law Group can help.
Contact us today at (212) 587-0760 for a free consultation. We do not collect any money until you win your case.
Our experienced legal team provides reliable services in key U.S. cities, ensuring expert assistance for workplace discrimination and employment law matters wherever you are located.