People come to my office as a Westchester County Employment Lawyer and tell me that they are being harassed on the job by a fellow employee. The question then becomes, "can I take action against the employer" and "can I also take action against the employee"? We ask a series of questions when someone reports this to us including who is the employee, is this employee at a higher level in the company or is this person just in the next cubicle from you? We also ask how many employees your employer has. Because in state law an employer can't be sued with four or more employees, under federal law we need fifteen employees.
The employer can be sued if there is a report of harassment and the employer takes no action to stop it. I might add that the action to stop the harassment doesn’t need to be a termination of the harasser; it can be merely speaking to the harasser, writing the harasser up, or taking other forms of discipline as long as the harassment stops. In some instances where there is a high level employee who is doing the harassment, there is the ability to proceed against the individual as an aster and under New York state law but those instances are rare.
Are you being harassed on the job and want to put a stop to it? Contact experienced Westchester County Employment Lawyer Jane Gould for strong legal advice.