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.

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2 Lawyer Answers
V. Jonas Urba
V. Jonas Urba
  • New York, NY
  • Licensed in New York

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

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. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • 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).

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