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Three Things Your Employer Can Never Do

If it seems as if employers can get away with a lot these days, that’s because it’s the truth. Finding a job is tough in an economy with ongoing struggles and once you find one it is important to do what you can to keep it. Unfortunately, that could mean occasionally dealing with some unpleasant circumstances.

Luckily, there is a line drawn as to what is just general headaches at work and what is downright not permitted. If you are in a situation where a co-worker gets on your nerves or your boss is tough on you, chances are you will need to put up with it until you or they move on. It’s just part of adult life.

However, if someone crosses a line and you find yourself in a situation where a person’s behavior goes too far, you have the right to take legal action.

How do you know when to act?

Here are three things your boss (and co-workers or anyone else with whom you share workspace) is never permitted to do:

Touch You in a Violent or Undesirable Way

Let’s face it: if we work with others and spend time in close proximity, we are bound to bump into people sometimes. And if we are particularly comfortable with our co-workers, we might share an occasional handshake or hug. All of these scenarios are appropriate, provided everyone is comfortable.

But what if you are uncomfortable and someone with whom you work still insists on touch you? What if you are threatened and you feel you might be physically attacked? What if you are attacked?

These are instances of assault or battery and they are illegal.

Keep in mind assault or battery need not be violent to be illegal. If a supervisor is sexually harassing you and manages to corner you against a wall and attempts to touch you against your will, it could be an example of assault, battery, or both.

Cause You a Level of Distress that Prevents You from Doing Your Job

Most of us have experienced emotional distress from time to time at work, but if the problem is so bad or the emotional distress was the result of an incident that included physical harm, you have a right to take action. Having a tough boss is different than having one that is abusive and if your boss is the latter, it is within your rights to change the situation.

Discriminate Against You

Some of us feel disliked at work and there could be a variety of reasons for this, but if this “dislike” is attached to your gender, age, race, religion, or any other protected status it is illegal.

And also remember, not all discrimination feels the same as not being liked. It can feel hostile, but there can also be instances in which people treat you kindly, but pass you over for promotions, deny you opportunities, or treat you in a condescending manner. If you can prove the cause of their behavior has something to do with the categories listed above, you are entitled to take legal action.

The good news is New York has aggressive employment laws designed to protect you from harassment and other forms of abuse. If you feel your boss or anyone else at your workplace has crossed a line, you are entitled to act. To learn more or to discuss your circumstances with a workplace professional, contact Borrelli & Associates, P.L.L.C. to schedule a free consultation to discuss your case.

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