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PHILLIPS & PHILLIPS

Summary

Main Office

30 Broad Street, 35th floor
New York, NY 10004
212-248-7431

Languages

Spanish, Italian, French, Haitian Creole

Years of Experience

Over 15 Years

Practice Areas

  • Employment
  • Overtime Pay
  • Sexual Harassment
  • Wrongful Termination

Geographies

  • BRONX (NY)
  • KINGS (NY)
  • NEW YORK (NY)
  • QUEENS (NY)
  • RICHMOND (NY)
  • NASSAU (NY)

Office Locations

Main Office

30 Broad Street, 35th Floor

New York, NY 10004

New York Office

30 Broad Street, 35th floor

New York, NY 10004

We are dedicated to protecting employees rights in the work place.

PHILLIPS & PHILLIPS is focused on discrimination law in New York. We also represent victims of sexual harassment in New York. NYC Sexual Harassment Attorney. NYC Discrimination Attorney. FREE CONSULTATION 212-248-7431. There is no fee unless we recover

Our New York City SEXUAL HARASSMENT Lawyers are well-versed in the New York City Discrimination Laws, the New York State Discrimination Laws, the Pregnancy Discrimination Act. We also assist employees in recovering unpaid overtime wages.  

We also provide criminal defense representation in the New York City area.

Sexual Harassment Attorney NYC; Discrimination Attorney NYC. New York Sexual Harasment Attorney. New York Discrimination Attorney. New York City Sexual Harassment Attorney. href="http://www.newyorkcitydiscriminationlawyer.com/" title="http://www.newyorkcitydiscriminationlawyer.com/">http://www.newyorkcitydiscriminationlawyer.com/

Articles Written

What To Do If Your Loved One Has Been Arrested In New York City

Created On: 10/03/2011

Having a family member, friend or other loved one arrested can be a frightening experience. You'll want to know what will happen, how long they may be held and how you can get them out of jail. Here are some of the most common questions people have when a loved one is arrested in New York.

Case History

Rikers Island correction officer files harass lawsuit vs. superv

Practice Area: Sexual Harassment

Description: NEW YORK DAILY NEWS A Rikers Island correction officer claims she was sexually harassed and assaulted by her supervisor - and wasn't allowed to transfer away from the creep's command, according to a lawsuit. Marlie Meme, 37, said her captain, Rudolph John, 56, made vulgar comments and sexually assaulted her for more than a year while she worked at the Anna M. Kross Center, she told the Daily News. "My life is so miserable right now," she said behind tears, adding that the abuse has roiled her personal life. "It's been horrible, horrible. It's degrading." She filed a lawsuit against John and the city's Department of Correction in Manhattan Federal Court last month. The Queens mother of one began working under John's command in August 2008 and the suit says he immediately began to pepper her with inappropriate questions. "'When you gonna give me some?' " John asked her at one point, according to court papers. "'What breast-size you have? You have small t--s or big ones?'" The cheeky captain also asked Meme - who started her $51,000-a-year job in March 2007 - to go out to dinner and offered to buy her gifts, the papers show. Meme filed reports of the abuse to her commanders, including the department's equal employment officer, but her transfer requests were denied, she said. To avoid John, she resorted to taking sick days and hiding in the bathroom. But it only worked for so long. In February 2010, John, a 20-year veteran, confronted her, asking why she always disappeared when he came by. "Why do you think, Captain John?" she replied. John grabbed Meme "tightly by her collar ripping her shirt buttons and pulled her on top of him," according to court papers. As he held her, "he was pressing and rubbing [Meme's] breasts with the back of his forearms," the papers show. When the captain spotted another officer standing nearby, he scolded her. "'Don't you dare talk to me like that,'" he said. "'I will put you over my knee and spank you, little girl.'" She claimed another captain boldly told her to deal with the hostile situation on her own. "'We don't work like that,'" she said the captain told her. "'I'm very disappointed in you,'" she said John told her after she complained. "'You're telling people about me.'" Officials at the Department of Correction declined comment on the case. It was also unknown if John has ever been disciplined for abusing an officer. "I have a lot of resentment against him for thinking he can do whatever he wants or say whatever he wants," Meme said. "It's disgusting." Ms. Meme is represented by Bill Phillips sexual harassment attorney. PHILLIPS & PHILLIPS. NYC Sexual Harassment Attorney. NYC Discrimination Attorney. Sexual Harassment Attorney NYC. Discrimination Attorney NYC. New York Sexual Harassment Attorneys. New York Discrimination Attorneys. http://www.newyorkcitydiscriminationlawyer.com/ jkemp@nydailynews.com http://www.nydailynews.com/ny_local/2011/04/16/2011-04-16_rikers_island_...

Outcome: Pending

Female Rikers guard sues, says senior officer touched &a

Practice Area: Sexual Harassment

Description: NEW YORK POST A Rikers Island guard was repeatedly touched, propositioned and humiliated by a senior officer, according to an explosive new lawsuit. Marlie Meme, a 37-year-old corrections officer from Rosedale, Queens, said Capt. Rudolph John started harassing her in August 2008. And after she reported what was going on, Meme alleged John and other officers at the jail have retaliated against her. At one point last year, the captain, according to the lawsuit, rubbed Meme’s breasts repeatedly in front of another guard and in full view of inmates. Meme said John was angry that she would disappear to the bathroom whenever John was around. "I will put you over my knee and spank you, little girl," John said, according to the lawsuit, filed last month in Brooklyn federal court. Meme said John, 58, repeatedly asked her out and talked graphically about having sex with her. In addition to John, Meme’s lawsuit names the city and the Correction Department. She is seeking unspecified damages. "I just want them to leave me alone," Meme, who earns $52,000, told The Post. "I don’t have no other job." John’s cellphone was disconnected and could not be reached yesterday. A spokeswoman said the city and the jails administration had no comment. Ms Meme is represented by New York sexual harassment attorney, Bill Phillips of PHILLIPS & PHILLIPS. NYC Sexual Harassment Attorney. NYC Discrimination Attorney. Sexual Harassment Attorney NYC. Discrimination Attorney NYC. New York Sexual Harassment Attorneys. New York Discrimination Attorneys. http://www.newyorkcitydiscriminationlawyer.com/ Read more: http://www.nypost.com/p/news/local/female_riker_guard_sues_prison_says_C...

Outcome: Pending

Apple Store Upper West side

Practice Area: Wrongful Termination

Description: Two men say an employee at Apple's Upper West Side location kicked them out of the store because they're black. (DNAinfo/Leslie Albrecht) By Leslie Albrecht DNAinfo Reporter/Producer UPPER WEST SIDE — Two black men say a white employee at the Upper West Side Apple store told them he didn't want "your kind" in the store, then booted them from the high-tech haven. The explosive allegations are included in a racial discrimination lawsuit the men filed in New York State Supreme Court in February. The case, first reported by My Upper West, was recently moved to federal court. Plaintiffs Brian Johnston, 34, and Nile Charles, 25, say in court papers that a store employee who appeared to be a security guard told them to leave, then said, "And before you say I'm racially discriminating against you, let me stop you. I am discriminating against you. I don't want 'your kind' hanging out in the store." A woman who answered the phone at the Upper West Side Apple store referred questions to Apple's corporate office in California. The company did not respond immediately to a request for comment late Wednesday, neither did the attorney representing Apple in the lawsuit. According to the court filing, the men are loyal Apple customers. Johnston owns an iPad, a MacBook, a PowerMac G4 and an iPod touch, and Charles owns an iPad and two iPods. On a Thursday afternoon in December 2010, the two men went to the Apple store at 1981 Broadway near West 67th Street to buy headphones, according to the lawsuit. They made their purchases in the store's basement, then headed to the street-level retail area. Dressed in baggy jeans and large sweaters with hoods, Johnston and Charles say they were confronted by a white Apple employee in his 50's who was wearing khakis and a black shirt. The plaintiffs say the employee approached them "in an intimidating fashion," then said, "You know the deal … Either you're here to see a Mac specialist or to purchase something. If you are not doing either you need to leave the store." According to the court filing, before Johnston or Nile could reply, the employee delivered the bombshell comment that he was racially discriminating against them. Johnston and Charles were "shocked and humiliated" by the employee's remark, the lawsuit states. When another member of the store's staff approached, Johnston and Charles whipped out their cell phones to record what was happening, the lawsuit says. According to the legal filing, the first Apple employee then told Johnston and Charles, "Now you have to go. If you want to know why, it's because I said so. Consider me God. You have to go." Johnston and Charles say in the court filing that they then asked to see a manager to lodge a complaint, but that the store's head of security ignored the request. The two tracked down a manager and complained that store employees were engaging in racial profiling, because none of the white customers were being asked to leave. The manager then called 911, according to the lawsuit. The court filing doesn't say whether police responded or what happened next. Johnston and Charles, both New York residents, are seeking monetary damages. The lawsuit doesn't specify an amount, but damages in federal court must exceed $75,000 per plaintiff, said their attorney, Bill Phillips of Phillips Phillips.

Outcome: Pending

Suit: Naked, randy boss chased me

Practice Area: Sexual Harassment

Description: By KATHIANNE BONIELLO Last Updated: 8:37 AM, October 30, 2011 She was anything but attracted to this magnate. Blond bombshell Adelheid “Heidi” Waumboldt, 24, of Manhattan, alleges her former boss, Greek shipping mogul Gregory Callimanopulos, couldn’t keep his hands -- or his tongue -- to himself. The 74-year-old chased her around his home naked, and busted in on her as she was changing, according to a lawsuit Waumboldt filed in Manhattan federal court. He once “grabbed Waumboldt’s face and actually forced his tongue into her mouth, at which point [she] bit him very hard, enabling her to escape [his] wrath,” according to court papers. She said rejecting his regular come-ons didn’t dissuade Callimanopulos, who keeps a two-foot statue of a penis in his office. “The allegations in that complaint are totally unfounded,” said a spokesman for Callimanopulos. Ms Waumboldt is represented by New York sexual harassment attorney, Bill Phillips of PHILLIPS & PHILLIPS. NYC Sexual Harassment Attorney. NYC Discrimination Attorney. Sexual Harassment Attorney NYC. Discrimination Attorney NYC. New York Sexual Harassment Attorneys. New York Discrimination Attorneys. http://www.newyorkcitydiscriminationlawyer.com/

Outcome: Pending.

Da Silvano owner accused of groping parking-garage manager

Practice Area: Sexual Harassment

Description: Maybe he just wanted to know if the noodle was al dente. The longtime owner of the famed Greenwich Village Italian eatery Da Silvano was slapped with a sex-assault suit yesterday by a manager at a nearby parking garage. Silver-haired restaurateur Silvano Marchetto is accused of repeatedly groping Samuel Cruz’s genitals during a pair of “uninvited and unwanted” incidents last month. Cruz’s Manhattan federal-court filing seeks unspecified damages from Marchetto and his celeb-friendly Da Silvano for assault, battery and gender discrimination. Court papers charge that Marchetto first fondled Cruz in early October after pulling his 2008 Ferrari into the GMC garage at 122 W. Third St., where he leases spots for his three Ferraris and an Audi Q7. While waiting for a ride to his Tuscan-style restaurant, Marchetto — whose regular customers include Donna Karan, Giorgio Armani, Jack Nicholson and Anna Wintour — allegedly “turned around and rubbed plaintiff Cruz’s penis with his hand.” Cruz says he was “shocked and horrified” and “immediately objected,” but Marchetto “merely smiled and jumped into the car.” And while Cruz “was hoping that this was a one-time event, he was unfortunately horribly mistaken,” his suit says. On Oct. 28, Marchetto — who’s married to New Yorker cartoonist and cancer survivor Marissa Acocella Marchetto — allegedly repeated the stunt after again pulling his Ferrari into the garage. After Marchetto made sure nobody was watching, Cruz claims he “again reached out his hand and suddenly began to rub plaintiff Cruz’s penis.” “However, this sexual assault was much more severe than the last, as defendant Marchetto actually grabbed and held onto plaintiff Cruz’s penis, refusing to let go,” the suit says. Cruz claims he “firmly demanded that defendant Marchetto stop this sexual assault,” as he “was not only offended and disturbed . . . but was also in real fear for his personal safety.” Shortly afterward, Cruz says, he told his supervisors about the alleged assaults, which Cruz claims left him “physically repulsed, disgusted and intimidated.” Court papers say he still feels “extremely humiliated, degraded, victimized, embarrassed and emotionally distressed.” Marchetto didn’t return messages left at his restaurant last night. By BRUCE GOLDING Last Updated: 6:22 AM, November 19, 2011. Mr. Cruz is represented by New York sexual harassment attorney, Bill Phillips of PHILLIPS & PHILLIPS. NYC Sexual Harassment Attorney. NYC Discrimination Attorney. Sexual Harassment Attorney NYC. Discrimination Attorney NYC. New York Sexual Harassment Attorneys. New York Discrimination Attorneys. http://www.newyorkcitydiscriminationlawyer.com/ Read more: http://www.nypost.com/p/news/local/manhattan/try_da_meat_balls_mX7BKwQqQ...

Outcome: Pending

Greek shipping magnate, 74, chased employee, 24, around office

Practice Area: Sexual Harassment

Description: He is old enough to be her grandfather. But that didn't stop Greek shipping magnate Gregory Callimanopulos, 74, allegedly trying it on with a pretty female 24-year-old employee. Petite blonde Adelheid 'Heidi' Waumboldt, of Manhattan, has filed a lawsuit against her former boss. She alleges that he chased her around his home naked, and busted in on her as she was changing, according to the New York Post. Accused: A spokesman for Gregory Callimanopoulos said the accusations are 'unfounded' The lawsuit Miss Waumboldt filed in Manhattan federal court, claims that Callimanopulos once 'grabbed Waumboldt’s face and actually forced his tongue into her mouth, at which point [she] bit him very hard, enabling her to escape [his] wrath'. The 24-year-old said that despite repeatedly rejecting his advances, he would not take the message and allegedly persisted. A spokesman for Callimanopulos, who is said to keep a two-foot statue of a penis in his office, said: 'The allegations in that complaint are totally unfounded.' Miss Waumboldt left the company earlier this year after having worked for one of his firms for three years, according to her LinkdIn profile. She is now the vice president for Goldmod LLC, a creative consulting firm specializing in branding and marketing with a global perspective. Callimanopulos, who is an avid art collector, was once married to Annette Stroyberg. The Greek magnate’s maritime clan are preparing to scuttle his former assistant’s 'despicable' allegations of sexual misconduct, according to a shipping news website. Ms Waumboldt is represented by New York sexual harassment attorney, Bill Phillips of PHILLIPS & PHILLIPS. NYC Sexual Harassment Attorney. NYC Discrimination Attorney. Sexual Harassment Attorney NYC. Discrimination Attorney NYC. New York Sexual Harassment Attorneys. New York Discrimination Attorneys. http://www.newyorkcitydiscriminationlawyer.com/

Outcome: Pending.

Blavatnik won’t hire Filipino Housekeeper, Complaint Alleges

Practice Area: Employment

Description: A Filipino housekeeper is making a federal case out of her claim that billionaire upper East Side industrialist Leonard Blavatnik refused to hire her because of her ethnicity. Virginia Lim, 50, has filed a discrimination suit in U.S. District Court in Manhattan against the Russian-American businessman, who ranks 80th on Forbes magazine’s billionaires list. Blavatnik, 54, whose net worth is reportedly $9.5 billion, is the chairman of Access Industries and lives here and in London. Lim was one of two workers who first filed discrimination complaints against Blavatnik with the city’s Commission on Human Rights and the Equal Opportunity Employment Commission as required by federal law. According to her lawyer, Marjorie Mesidor, on Nov. 1, the EEOC granted Lim permission to pursue the case in federal court, where the penalties could be much stiffer for the billionaire if he loses. The lawsuit, which was filed on Nov. 10, names Blavatnik, his wife, Emily, the couple’s butler, Wilfredo Balmaceda and EB Household LLC, the company through which they manage and pay their help. According to Lim’s complaint, in April, her employment agent Adrian Smith informed her the Blavatniks were looking to fill a housekeeping position at their E. 64th St. home. Since Lim had worked as a housekeeper for nine years, the complaint continues, “she knew that she was definitely qualified.” After interviewing with Balmaceda, the butler told Lim he “liked her” and would give her a “’tryout’” for a day. When Smith followed up about the audition, the court filing alleges Balmaceda responded via email “he had received instructions not to hire” Lim “because of her national origin.” According to the lawsuit, Balmaceda’s email stated: “No Philippines, Thanks.” An incredulous Smith wrote back: “Am I talking to the same Wilfredo?? ” The court papers detail that Balmaceda emailed back: “Sorry new directions . . . No Philippine since today.” Mesidor, who’s with the firm Phillips & Phillips, tells us she is seeking “some level of resolution for the injustice that has been done” to her “emotionally distressed client.” The lawsuit ups the ante when it comes to Lim’s claims against Blavatnik because it contends the billionaire violated federal law against discrimination in addition to state and city laws. In May, the Daily News reported another housekeeper named Esther Winkley also claimed the Blavatniks refused to hire her because of her Filipino background. Blavatnik’s spokesman Michael Sitrick called Lim’s claims “preposterous” and said the “Blavatnik household employs and has employed people of multiple national origins including individuals from the Philippines.” He added his client is confident “the suit will be “dismissed.” Ms Lim is represented by New York discrimination attorneys, PHILLIPS & PHILLIPS. NYC Sexual Harassment Attorney. NYC Discrimination Attorney. Sexual Harassment Attorney NYC. Discrimination Attorney NYC. New York Sexual Harassment Attorneys. New York Discrimination Attorneys. Bill Phillips http://www.newyorkcitydiscriminationlawyer.com/ http://www.nydailynews.com/gossip/filipino-housekeeper-claims-leonard-bl...

Outcome: Pending.

Da Silvano Spokesman Makes Unfortunate Penn State Comparison

Practice Area: Sexual Harassment

Description: GOTHAMIST. This week, the owner of West Village celebrity-magnet restaurant Da Silvano was hit with a sexual assault lawsuit—parking garage manager Samuel Cruz claims Silvano Marchetto fondled his genitals twice. Marchetto's spokesman Mike Paul countered today that Cruz is just a petty extortionist: “Silvano’s only mistake was giving him large tips in the past, which created a money-hungry monster.” And then Paul made the ill-advised decision to compare Marchetto's situation with that of Penn State and JoePa. Paul said that Marchetto's predicament is similar to disgraced former Penn State football coach Joe Paterno, claiming: “Now that the economy is even worse and cases like Penn State are in the news, this parking attendant is trying to damage my client’s good name and reputation with lies.” Paul also said that because Marchetto frequently gave Cruz and other attendants tips of as much as $100—and once offered $900 to the workers to split for the holidays—"they see this guy as an opportunity." After allegations came out that longtime Penn State assistant coach Jerry Sandusky had molested a string of young boys over the years at the school, Paterno was fired because of his perceived lack of action in reporting and dealing with what he knew about Sandusky. So ProTip: you may come across as more than a little bit tone-deaf when you compare your groping lawsuit to a horrible child sex abuse scandal. By Ben Yakas- http://gothamist.com/2011/11/20/da_silvano_spokesman_makes_unfortun.php Mr. Cruz is represented by New York sexual Harassment attorney, Bill Phillips of PHILLIPS & PHILLIPS. NYC Sexual Harassment Attorney. NYC Discrimination Attorney. Sexual Harassment Attorney NYC. Discrimination Attorney NYC. New York Sexual Harassment Attorneys. New York Discrimination Attorneys. http://www.newyorkcitydiscriminationlawyer.com/

Outcome: Pending

Da Silvano Owner Accused Of Repeated Unwanted Groping

Practice Area: Sexual Harassment

Description: GOTHAMIST The owner of West Village celebrity-magnet restaurant Da Silvano was hit with sexual assault lawsuit. According to the Post, parking garage manager Samuel Cruz claims Silvano Marchetto fondled his genitals twice. And the Post's lede is "Maybe he just wanted to know if the noodle was al dente." Marchetto has three Ferraris and an Audi at the West Third Street garage where Cruz works. The first time, Marchetto, while waiting for a ride, “turned around and rubbed plaintiff Cruz’s penis with his hand.” Cruz objected, but didn't press charges because he “was hoping that this was a one-time event." And then it allegedly happened again. From the Post: On Oct. 28, Marchetto — who’s married to New Yorker cartoonist and cancer survivor Marissa Acocella Marchetto — allegedly repeated the stunt after again pulling his Ferrari into the garage. After Marchetto made sure nobody was watching, Cruz claims he “again reached out his hand and suddenly began to rub plaintiff Cruz’s penis.” “However, this sexual assault was much more severe than the last, as defendant Marchetto actually grabbed and held onto plaintiff Cruz’s penis, refusing to let go,” the suit says. Cruz claims he “firmly demanded that defendant Marchetto stop this sexual assault,” as he “was not only offended and disturbed . . . but was also in real fear for his personal safety.” Cruz is suing for unspecified damages.http://gothamist.com/2011/11/19/da_silvano_owner_accused_of_repeate.php Mr. Cruz is represented by New York sexual Harassment attorney, Bill Phillips of PHILLIPS & PHILLIPS. NYC Sexual Harassment Attorney. NYC Discrimination Attorney. Sexual Harassment Attorney NYC. Discrimination Attorney NYC. New York Sexual Harassment Attorneys. New York Discrimination Attorneys. http://www.newyorkcitydiscriminationlawyer.com/

Outcome: Pending

Boss made me abort: lawsuit

Practice Area: Wrongful Termination

Description: NEW YORK POST January 1, 2012 Your unborn baby — or your job. That’s the chilling choice a Long Island woman claims she faced when her boss discovered she was pregnant with her third child, according to a federal lawsuit. Catherine Rizzo, 25, says there was no way to misinterpret her supervisor’s ultimatum at Cooky’s Deli in Bohemia in May. “The owner’s daughter pulled me in the office, and basically told me if I didn’t have an abortion, I wasn’t going to have a job,” Rizzo told The Post in a tearful interview. “It was very, very clear,” she said. “I have two other kids I have to take care of, and I needed my job,” Rizzo added. CATHERINE RIZZO “I needed my job.” Cooky’s Deli owner Martin Marsilio, 69, vehemently denied the allegation, calling it “a total lie.” The struggling single mom said she was barely getting by on the $400 to $500 a week she earned at the deli counter — and knew she couldn’t afford to lose her job. “As a direct result of this serious threat, approximately one week later, [I] was forced to terminate [my] pregnancy,” Rizzo charged in a lawsuit filed on Dec. 19 in Brooklyn federal court. She seeks unspecified damages. The unthinkable choice capped months of harassment, Rizzo said. A co-worker regularly cursed at her, pushed her and told Rizzo she was “a lowlife and a bad mother,” the Sayville woman claimed in her lawsuit. She constantly complained to management, but nothing was done, Rizzo insists. “I stuck through it all,” Rizzo said. “I stayed there because I needed my job, and I got the blunt end of the stick. I was trying to deal with it on my own,” she said. Despite the abortion, she was abruptly fired in August, she said. Asked if she regretted her decision, Rizzo broke down in tears. “It’s hard to deal with this,” she sobbed. Rizzo and her kids were evicted from their apartment, but she got a new job and a new place — until, she claims, employees of Cooky’s started showing up and taking pictures of her at work. “They’ve kind of overturned my life,” she said. “It’s just not stopping. I’m just trying to keep my head above water.” Her former boss claimed Rizzo was canned for being chronically late, and she had never complained about harassment. The abortion claim is nothing more than “fiction,” Marsilio said. “We have had many female employees here that have gotten pregnant, had their children, took time off and came back to work,” he insisted. Marsilio admitted tracking Rizzo down to a new job, he said, so he could prove to the state unemployment office that she was allegedly working off the books. kboniello@nypost.com Ms. Rizzo is represented by New York Pregnancy Discrimination Attorney Bill Phillips of PHILLIPS & PHILLIPS. New York Pregnancy Discrimination Attorney. NYC Sexual Harassment Attorney. NYC Discrimination Attorney. Sexual Harassment Attorney NYC. Discrimination Attorney NYC. New York Sexual Harassment Attorneys. New York Discrimination Attorneys. Read more: http://www.nypost.com/p/news/local/boss_made_me_abort_lawsuit_XugiXvvQvy...

Outcome: Pending

Towel gal gets snapped

Practice Area: Sexual Harassment

Description: Have some decency, it’s a locker room. Two Manhattan gym customers are suing New York Sports Club for sexual harassment after a female employee allegedly barged into the men’s locker room and refused to leave — catching a handful of clients in the buff. Randolph Herring, 33, and Chauncey Gilbert, 55, were working out at the club at Broadway and West 94th Street when each happened to hit the showers at the same time, just as the place was shutting down for the night. Herring, Gilbert and others were in the men’s locker room at around 10 p.m. when the bullying worker barreled in and began yelling at them all to get out of the gym because it was closing time, the suit said. Gilbert barely had a chance to cover himself with a towel before the woman, identified only as “Shaymean,” started collecting the towels and allegedly threatened the men that they were “trespassing, because the gym is now closed.” Clocks throughout the gym show different times, Herring and Gilbert claim, making it difficult to know exactly what time it was when the loud lady launched her peeping-Tom imitation. They begged the employee to get out, but she refused, insisting “I don’t have to leave, I can do what I want!” Herring and Gilbert allege in a Manhattan Supreme Court lawsuit filed last week. Shaymean stayed in the locker room for at least 10 minutes, barking at the nearly naked men to get out of the gym while refusing to leave so they could dress, they claim. “She didn’t just stick her head into the locker room and then leave,” said the pair’s lawyer, Marjorie Mesidor. “She went into the locker room and went about her business. It puts them in a very awkward predicament. What if this woman later said something happened to her?” Steamed over the incident, the pair complained to management, and Herring quickly canceled his membership. Both men filed a harassment claim with cops against Shaymean. When asked about the lawsuit yesterday at the gym, Shaymean declined to comment.

Outcome: Pending

Lawyers

William Phillips

Free Case Review

Location : New York, NY

Practice Areas: Sexual Harassment, Overtime Pay

WILLIAM R.

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Locations : 

Practice Areas: Sexual Harassment, Wrongful Termination, Overtime Pay

Marjorie Mesidor

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Locations : New York, NY; New York, NY

Practice Areas: Employment, Wrongful Termination, Overtime Pay

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