New York, NY asked in Sexual Harassment for New York

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.

Related Topics:
2 Lawyer Answers
V. Jonas Urba
V. Jonas Urba
Answered
  • New York, NY
  • Licensed in New York

A: 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 off by filing charges or lawsuits unless the 1 year statute of limitations is near. If you wait longer than 1 year it will be extremely challenging, maybe near impossible, to pursue a claim.

If you file a lawsuit you have essentially publicized what happened and the employer has little incentive to settle and often will dig their heels in and never settle. If you were fired before you filed charges that looks like an afterthought on your part.

Regardless almost all victims should have legal counsel.

Seek and retain experienced employment law counsel sooner than later and good luck.

Michael Diederich Jr.
Michael Diederich Jr.
Answered
  • Stony Point, NY
  • Licensed in New York

A: Not your situation, when when there are more employees then federal law may apply (with limitation periods LESS than 1 year, e.g., 180 or 300 days, depending upon the State and federal claim).

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.