Experiencing sexual harassment at work is stressful and upsetting. Many employees feel their only option is to quit to escape the situation. While leaving may be the right decision in some cases, there are strategic reasons to remain employed while pursuing a harassment claim—especially under New York City’s protective employment laws.
Why Staying at Work Can Be Beneficial
Staying where you are throughout the course of the legal matter can do several things:
- Maintain your salary- If you leave without an offer for another job, you could be digging a financial hole for yourself.
- Staying in your role means you can continue covering your living expenses as your claim progresses.
- Maintain leverage in negotiation - If you remain employed, your attorney can suggest remedies that improve your current situation, like changes in management or the environment you work in.
- Prevent claims of voluntary resignation - Sometimes, quitting a job can complicate your ability to obtain recovery for damages. By staying employed, you can show that it was the harassment -not your choice to leave - that has caused irreparable harm to your career.
Legal Protections Against Retaliation
Under federal, New York State, and New York City law, your employer is prohibited from retaliating against you for reporting sexual harassment or participating in an investigation. Retaliation can take many forms, including:
- Termination or demotion
- Reduction in hours or pay
- Unjustified negative performance reviews
- Hostile treatment from supervisors or coworkers
If retaliation occurs, it can be a separate and additional legal claim. Knowing you are protected may make it easier to remain in your role while pursuing your case.
Practical Steps to Take While Staying Employed
If you opted to continue working while balancing your harassment claim, here are ways to safeguard your interests:
- Keep a record – Keep comprehensive notes whenever something happens, including a description of the incident, the date, time, witness names, and whether you spoke to the harasser that day.
- Report the harassment – Provide notice according to your employer’s reporting processes, including to HR or the individual your employer designates. Courts often analyze whether an employer had notice of harassment, so be compliant and follow the reporting procedures.
- Keep anything relevant – Keep emails, messages, pictures, or anything relevant.
- Limit unnecessary contact – Try to limit needless contact with the harasser, if you can. Request another change if you cannot avoid direct contact and believe you should have even less contact with the individual.
When Quitting Might Be the Right Option
While staying at work offers advantages, it’s not always safe or practical. If the harassment continues unchecked, or if your mental or physical health is at risk, leaving may be the best choice. Before making that decision, consult with an experienced attorney who can advise you on the potential impact to your case.
Talk to Phillips & Associates, PLLC About Your Options
You do not have to choose between your paycheck and your rights. Phillips & Associates, PLLC has extensive experience representing employees who have faced sexual harassment while still employed. Our attorneys can help you navigate the legal process, protect you from retaliation, and pursue the justice you deserve—whether you stay or decide to move on.
Contact us online today to schedule a confidential consultation.