Herkimer, NY asked in Contracts and Sexual Harassment for New York

Q: My boss of 5 years is now insisting I sign a form agreeing he can go through my phone when he wants .

I took a picture of my foot in a company car and for the first time in years it for some reason was an issue to him. Literally my own foot . Could not identify anything else, riding a half hour to a location for work. He also regularly harasses me and makes inappropriate comments making me fear him having access to my personal phone. If he fires me for not signing this am I able to get unemployment? Am I able to go after him with the harassment. He forces me to use my personal phone for calls regularly for work but he doesn’t provide an actual phone so there’s no choice, they’re not recorded at all. And I’ve said I do not like it and would prefer an actual phone. What can I do? What should I do? I have strong feelings this is just him using his power to get advantage of my personal files and images because he’s very nosey and judgements of my life . He’s also harassed me many times asking me to have his child or marry him, calling me trashy. It’s just him and me so I have no HR .

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1 Lawyer Answer
V. Jonas Urba
V. Jonas Urba
  • New York, NY
  • Licensed in New York

A: Are you working off the clock? Unpaid overtime for answering calls, texts, emails? He might owe you for up to 6 years of unpaid wages. You could insist on being paid for all that time and firing you for that would be retaliation.

Have you considered telling him that you find his behavior unwelcome? See harassment even with only 1 employee workplaces is illegal in NY. You might consider filing a complaint with the NYS Division of Human Rights. Those laws have been beefed up quite a bit in the last few years.

Have you asked him for a company phone or for him to reimburse your cell phone expense. If he pays your phone bill you may have to give him access to your phone.

If none of the above work for you call some employment lawyers. Many of us represent clients we will never meet in person and this guy looks like he might be creepy. Call before you deny him something which he may or may not be entitled to. There may be more facts to consider if you are in sales or some type of on the road representative. These are never open and shut claims. Good luck! Not legal advice and no lawyer client relationship.

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