Are you being sexually harassed at work? We have created a series of educational videos explaining what constitutes illegal workplace sexual harassment, and what you can do if you are being sexually harassed.
In our fifth video, New York Employment Attorney Jack Tuckner explains what you can do if your company won’t address your complaint to your satisfaction after you make a sexual harassment complaint to the company.
Jack Tuckner, Women’s Rights in the Workplace lawyer, back with you again for our fifth installment in our sexual harassment series, what is sexual harassment, how to identify it, where and who to complain to, and what to do about it if your employer’s response is inadequate or unacceptable to you, and that’s what we’re talking about today.
You’ve now determined that you’re being sexually harassed, that you’re experiencing sex discrimination, hostility in the workplace (because of who you are as a woman most likely), and you’ve complained to your company, you’ve documented it, you’ve complained to human resources or someone high enough up in the company’s hierarchy about your matter – someone in management. You put your complaint in writing, you followed up with their responses and what they’ve done and what they haven’t done, and so forth.
You have laid out all of the facts as they’ve been occurring, and now they have come back to you and say, “Sorry, we don’t think you’ve been sexually harassed,” or, “Sorry, it’s a ‘he said, she said’ and there’s no proof, so get back to work.” If they don’t actually take you out of that situation or come up with some solution, if you are feeling put down, beleaguered, and upset over their response, what can you do to get a certain measure of justice?
Don’t Quit – Consult with an Employment Rights Attorney to Navigate Your Exit
Well, if you want to teach your employer a lesson and depart from employment because you realize it’s a losing proposition long-term, it would likely be time to consult with and perhaps hire an employment lawyer, an employee rights lawyer, a labor and employment lawyer such as me or this firm that works for employees (as opposed to company lawyers, management- side employment lawyers).
Don’t Give Up Your Rights – Learn How We Help
We will help you navigate your departure, because while you can quit at any time, that you won’t want to do because then you’re giving up. You’re throwing out the baby with the bathwater. If you give up, if you quit, there’s no claim because you’re voluntarily giving up the job; so don’t do that. Your company will likely not terminate you because they realize that you have made protected complaints because they are in writing and they’re provable, and if they fire you, that would be retaliation and it’s illegal.
So, you’re stuck, you and your company, and it would be helpful to have attorneys negotiating your departure where you can accomplish teaching your employer a lesson, teaching the perpetrator a lesson, getting some compensation for what you’ve been through that it would allow you to ride off to greener pastures and move on with your life. If you’re not being fired, there’s no reason to sue them, but the reason that you’ve lodged the complaint is to protect yourself, and if you could leave with a settlement, with a severance package that’s appropriate, that would be a win because you’ve gotten a certain measure of justice. You’ve gotten a certain amount of money. You have stood up for yourself, and perhaps you’ve made your workplace better for women who come after you who won’t be sexually harassed, who won’t be subjected to such discriminatory hostility because you’ve stood up for justice and you’ve spoken truth to power, and you’ve taught them a lesson. That’s an important aspect of standing up for yourself when you’re being sexually harassed.
If this video has been helpful at all, please give it a like, and please subscribe to this YouTube channel. If you have questions about your particular workplace issues, please feel free to email me, Jack Tuckner, or call me or Deborah O’Rell in our New York City office and we’ll be happy to brainstorm with you about your workplace issues free of charge and in total confidence.