Lyons, NY asked in Employment Discrimination, Sexual Harassment and Employment Law for New York

Q: I m a line leader at a company and was just accussed of bullying and conversing in a sexual manner. What do I do?

they told me to either step down and go back to being senior machine operator, resign, do a investigation which my manager said would be bad, they had no documentation, only and open door policy from this new manager to all production employees, my group of employees complained about the overtime, so i was janked in his office about that he said to do a round robin which is a rotation of employees, i did this and then in the following weeks told us to mandate to work. lost a employee, others want to leave , im tore up about this , stomach hurts, what are people going to think if i have to step down. this company has new management, no structure any more, no control or help with employees. i felt like i was being bullied in that office with head of hr and that manager who basically told me i was not a leader even though i was doing it for many years, this company has high turn over rate. i have been there for 25 + years through many different management teams.help?

2 Lawyer Answers
Derek John Soltis
Derek John Soltis
Answered
  • Employment Law Lawyer
  • Jersey City, NJ
  • Licensed in New York

A: It sounds like you are in a tough spot. You really need to speak with an attorney before making any choice that has a long term impact on your career.

If you were actually bullying people and talking in a sexual manner you would most likely be terminated rather than demoted. Keeping someone employed in the same work area as the person that complained can create a chance for a hostile work environment.

Unless you have a contract or in a union you are most likey an at will employee where you can be terminated for any reason, so no matter what you do, talk to an attorney before risking your career.

V. Jonas Urba
V. Jonas Urba
Answered
  • Employment Law Lawyer
  • New York, NY
  • Licensed in New York

A: Mr. Soltis gives good advice.

Assuming you are "at will" which the overwhelming majority of workers are today you are on shaky ground.

When your manager or HR has to deal with an issue you may have created you could be demoted or lose the job. Start looking for a new one confidentially.

If you retain one of us we will likely help you (maybe coach you) about how to hang in there. We can never guarantee you will stay employed but we will suggest actions by you to give you the very best shot at doing so.

Some of us give free initial phone conferences and find that more and more employees retain us without ever meeting us in person because a stressed employee can tell by phone when a lawyer really cares.

Last week I helped a client I will probably never personally meet. When this stressed client and I discussed a range of fees the client, not me, suggested I charge the higher rate. That's what we like to hear. Advice like Mr. Soltis gave you which clients recognize to be worth more.

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.