Ali Shahrestani, Esq.'s answer See: http://www.ncsl.org/research/human-services/state-civil-statutes-of-limitations-in-child-sexua.aspx. Apart from statutes of limitations in such issues, evidence is particularly tricky after such a long time, particularly in sex abuse cases. Also see: http://www.waer.org/post/nys-group-pushing-vote-bill-allow-child-sex-assault-victims-sue-years-after-crimes - You might want to work with the group pushing for such statutory changes. Also, therapy can be helpful.
Charles Joseph's answer Sexual harassment includes all unwelcome sexual advances or behaviors in the workplace, even when you are not yet an employee of that company. If you were sexually harassed or discriminated against because of your gender during a job interview, it may or may not be severe enough to file a claim. Under federal and state law, the conduct must be pervasive or severe. However, New York City has a lower standard and the behavior only has to be more than a “petty slight.”
Harassment must be severe or pervasive meaning it's recurring. Of course your employer might have a dating policy and violating that is at your own risk.
You might want to run it by HR. I have heard of some employers in NYC asking employees who date to sign "love contracts." I think that's ludicrous and probably not enforceable but if your company requires that think about it if you value your job or if you...
V. Jonas Urba's answer Employees need to report harassment. Of course now the New York State Law protects employees who are sole employees so unwelcome conduct by just the owner of a company would be covered.
You must file charges with the EEOC within 300 days of the last discriminatory action or 1 year to file a complaint with the NYS DHR alternatively.
The timely reporting and or filing is critical because often the retaliation claims are the best. If those who timely reported or witnesses who...
Charles Joseph's answer Employers have a responsibility to prevent sexual harassment. A coworker, a supervisor in another area of the company, or even a non-employee, like a vendor, can be the perpetrator. You can read more about the laws that protect you from sexual harassment at https://www.workingnowandthen.com/new-york-sexual-harassment/. If you think you have been the victim of sexual harassment, you should contact an experienced employment attorney.
Derek John Soltis' answer 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...
V. Jonas Urba's answer Have you reported it to human resources? You should do so. They will try to keep it confidential and everyone they interview should be told that any person who is interviewed and discusses an investigation could have disciplinary action taken against them for discussing the investigation with anyone else.
You, of course, will be told the same thing. You may want to provide witness names if you have them and you will want HR to take your complaint seriously because you are making a...
Aubrey Claudius Galloway's answer That’s a general question and it depends largely on the individual circumstances, but here is my shot; it is likely not illegal nor a civil tort to generally “suggest “X” should be raped”.
The second statement has a better chance being viable in civil court, under the theory of slander. Spreading the rumor the woman was “asking to be raped” online, assuming it is not true, is defamation and a winning law suit could result.
V. Jonas Urba's answer What did the employer know? What did the employer do? What training and notices did the employer provide? Most importantly, who was the accused in relation to the accuser? If the accused has a Ph.D. and the accuser has essentially no formal education - a 1 employee shop- there may be no defenses. Seek legal counsel. These are never easy cases although most people think they are.
A well trafficked area could be a restroom and that would certainly not be legal. We all have expectations of privacy there.
Analysis. Assuming you do not work for the government, did surveillance cause damage (usually financial) to the building owners, the company, or any employee? How do we know? Did anyone breach their duty of loyalty to the company? If you market and sell surveillance equipment at...
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.