I live in NY and work at a local restaurant, the chef of the restaurant began calling me names one night and began putting his hands on me and pushing and shoving me. I brought this to the owners attention who spoke to the chef who then apologized and I returned to work. About two weeks later the incident happened again and I told the employer who told me to go back in the kitchen and continue to work with the individual, narturally I was afraid because he did nothing to rectify the situation. Do I have any recourse???
Answer
Yes . . . you may have an unemployment claim for constructive discharge but before you do anything, I would recommend that you document your experience (e.g. a formal letter to the boss; list of witnesses). Finally, if the name calling makes reference to any protective status (race, nationality, sex (gender); sexual harassment (male or female); sexual orientation; disability) then you may have a claim for unlawful workplace discrimination.
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