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New York Sexual Harassment Questions & Answers
1 Answer | Asked in Employment Law and Sexual Harassment for New York on
Q: Do I have a case

Was working yesterday when I went to use the bathroom. In my store you have two bathrooms one for men and one for women. I knocked on the women's bathroom and on one answered. I walked into the restroom and my district manager john was in the women's bathroom using it. ( the men's... Read more »

V. Jonas Urba
V. Jonas Urba answered on Sep 11, 2017

Report him to human resources? Ask them for suggestions?

If you belong to a union file a working conditions grievance?

1 Answer | Asked in Criminal Law, Education Law, Federal Crimes and Sexual Harassment for New York on
Q: A friend of mine has accused a fellow student whom she was dating of sexual assault at her school.

There was a hearing scheduled this week. However, the person who assaulted my friend has now responded by accusing my friend of sexual assault in turn. I have not told anyone this, but I was also assaulted by the same person who assaulted my friend and has now acused my friend. Should I go to the... Read more »

V. Jonas Urba
V. Jonas Urba answered on Aug 24, 2017

You should discuss this with a civil rights lawyer. Your question deals with harassment on school property and many facts that you should not post here should be analyzed such as public versus private school, what the school knew or should have known and details of the assault.

These are...
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2 Answers | Asked in Sexual Harassment for New York on
Q: Am I able to sue my employer if I'm a nanny for sexual harassment

- I read somewhere there had to be four or more employees.

V. Jonas Urba
V. Jonas Urba answered on Aug 18, 2017

Not as of 2015. 1 is enough. Please refer to:

https://dhr.ny.gov/sites/default/files/pdf/guidance-sexual-harassment-employers.pdf

Be very careful. Many employers are clever. It almost always benefits an employee to retain legal counsel. Smart, skilled employment lawyers do not start...
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1 Answer | Asked in Sexual Harassment for New York on
Q: We all had to go to a seminar about sexual harassment at work

- does that mean I now can't bring a complaint to HR b/c they've covered themselves?

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jul 18, 2017

No, it does not mean that. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my... Read more »

1 Answer | Asked in Sexual Harassment and Criminal Law for New York on
Q: So this pedophile sexually harassed my son via internet and traumatized him

this pervert/pedophile harassed my son to make him do sexual things with him and traumatized my son since he did so. I got him terminated from said website but I was later informed that what he did was an offense and I could press charges. I didn't want to press charges at first but I was... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jul 18, 2017

You can report this to the police in your county and his county and to the FBI. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors,... Read more »

3 Answers | Asked in Sexual Harassment for New York on
Q: Can you sue for sexual harassment on behalf of another person?
V. Jonas Urba
V. Jonas Urba answered on Jun 23, 2017

How would "the other person" prove damages?

If a person was, for example, raped, that would be a crime, with physical injuries, but unless the other person witnessed the crime what would their damages be? And how would they prove damages if they had to go to court?

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2 Answers | Asked in Sexual Harassment for New York on
Q: My co-worker always makes comments about my appearance. Is that sexual harassment?
V. Jonas Urba
V. Jonas Urba answered on Jun 2, 2017

If you find comments unwelcome you need to report either to supervisor, human resources or wherever employer requires reporting. Of course the first step might be to ask the coworker to stop? Unless a supervisor made comments or took no action. Human resources may ask you whether you speak with the... Read more »

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2 Answers | Asked in Sexual Harassment for New York on
Q: Will future employers be able to find out if you sue your current employer for sexual harassment?
V. Jonas Urba
V. Jonas Urba answered on May 12, 2017

Retain legal counsel.

We do not sue anyone right off the bat.

We will draft a confidential fact and case specific demand letter first. Try to settle.

We will then help you file a Form 5 charging document to file with government agency. Unless the government decides to sue...
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1 Answer | Asked in Criminal Law, Federal Crimes and Sexual Harassment for New York on
Q: What will happen when a minor is charged with four felony charges?

I was involved in a sexual assault, and he is now being charged with 4 felony charges. I believe he was charged with , child pornography , distribution of child pornography , rape and I'm pretty sure There's another thing, I'm not sure. Yesterday he was arraigned in court. What does... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on May 12, 2017

If convicted, his sentence depends on his prior history of convictions. He needs a great lawyer.

See: http://www.aeesq.com/criminal-defense-lawyer/sex-crimes/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation...
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2 Answers | Asked in Criminal Law, Civil Rights, Juvenile Law and Sexual Harassment for New York on
Q: Let's say I was sexual abused as a child but the person who abused me was also a child but older than me.

What is the likely hood of me being able to arrest them or sue them in court of what happened happened a long time ago and would it even be worth the effort.

V. Jonas Urba
V. Jonas Urba answered on Apr 23, 2017

I don't know what a long time ago means? Why not go to a police station near where the incident happened and ask a detective who works on cold cases? If the crime is still able to be prosecuted they will jump on it. They may even refer you to the attorney general if other persons were harmed.... Read more »

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2 Answers | Asked in Sexual Harassment for New York on
Q: How can my son clear his name from a sexual harassment write up at work?

A young woman made accusations against him. My son insists the accusations were fabricated. No police were involved. My son was not allowed to tell his side of the story to the manager, he was not listened to, just written up. How should my son deal with this?

This question INCORRECTLY got... Read more »

V. Jonas Urba
V. Jonas Urba answered on Apr 19, 2017

Since your son was written up was he asked to sign something? If yes, did he write down that he disagreed with the young woman's allegations? He should always do that.

Is he on some type of performance plan or corrective action plan? If yes he should consult an employment lawyer...
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2 Answers | Asked in Sexual Harassment for New York on
Q: My boss makes sexual comments toward me but we are the same gender. Is that still considered harassment?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Apr 14, 2017

Yes. You can report it to HR and maintain communications in writing. Seek an attorney's help asap.

See: http://www.aeesq.com/business-law/employment-lawyer/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial...
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2 Answers | Asked in Criminal Law and Sexual Harassment for New York on
Q: What should I do if a person threatens to post sexual videos on me to all my friends on facebook in exchange for money?

I deactivated my account but she states that she already has all my friends contact information.

V. Jonas Urba
V. Jonas Urba answered on Mar 23, 2017

This is not an employment law question unless you worked for or hired this person.

Did you consent to being recorded? Or shared videos you recorded with someone? If so, why?

Do you have children with or were you married to this person? That's a family law matter....
Read more »

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1 Answer | Asked in Criminal Law and Sexual Harassment for New York on
Q: Can an adult 18 or older be arrested for engaging in intercourse with a 17 year old
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Mar 18, 2017

See: https://www.ageofconsent.net/states/new-york

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/...
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1 Answer | Asked in Sexual Harassment for New York on
Q: Can you complain to a landlord if your neighbor is sexually harassing you in the building hallway?
V. Jonas Urba
V. Jonas Urba answered on Mar 17, 2017

You can most certainly go to the nearest police department and request that a judge issue an order of protection for you.

New York takes stalking or any type of unwelcome behavior regardless of sex very seriously. I have seen clients lose their jobs when a co-worker went to a police...
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1 Answer | Asked in Sexual Harassment for New York on
Q: I got a new job and just found out my ex will be supervising me. Do I need to report that to HR?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 24, 2017

Yes, as there may be a conflict of interest there, and such supervision may potentially cause serious problems in the workplace. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me,... Read more »

1 Answer | Asked in Criminal Law, Civil Litigation and Sexual Harassment for New York on
Q: a male teacher grabbed my 15yr old sons butt. He goes to a smallChristian H.S.(no overseer). The teacher is still there

My son hasn't been to school. I attempted to get his work but no teacher was available. I reported the incident and I'm waiting for the DA and detectives to move forward. Meanwhile it looks like I'm going to be forced to uproot my son and place him in another store in the middle of a... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 14, 2017

You may be able to sue for assault against your child, breach of contract, and negligence. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,... Read more »

1 Answer | Asked in Sexual Harassment for New York on
Q: If I work for a federal government agency, does that affect my ability to file a sexual harassment claim against my

employer on the state level?

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 2, 2017

I see no bar, but it depends on the facts. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following... Read more »

1 Answer | Asked in Education Law and Sexual Harassment for New York on
Q: My daughter reported another student for sexual harassment and now is being punished because they say she lying?

My daughter is 13. The other boy is not getting any disciplinary action, and they are accusing her of lying because they "can't hear what was said but didn't see the touching on the camera"

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 23, 2017

It depends on the facts of the case. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas... Read more »

1 Answer | Asked in Sexual Harassment for New York on
Q: What types of damages can I recover from a sexual harassment claim?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 23, 2017

You may be able to recover actual damages, typically, as well as an injunction (restraining order), but it depends on the facts. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/... Read more »

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