Long Island Bullying and Cyberbullying Lawyer
Bullying is no laughing matter. It can cause terrible psychological and emotional harm and has even driven people to suicide. If you or a loved one has been the victim of bullying, you should talk to a knowledgeable Long Island bullying and cyberbullying lawyer about getting the compensation you deserve. Committing this offense can include physical and emotional bullying through social media and messaging. If your child is a victim of any bullying, an experienced personal injury attorney can discuss your rights with you. En Español.
Bullying is abusive conduct that can take the form of verbal abuse, threats, humiliation, or intimidation, interference that prevents the target from living their lives, or even physical abuse. Whether it happens in the schoolyard or in the workplace, bullying often starts when one person starts picking on someone else and then gets others to join in.
The law has traditionally recognized a legal claim for intentional infliction of emotional cruelty, which covers much of the conduct covered by the term bullying. In recent years, many states – including New York – have passed laws aimed at cracking down on bullying.
Bullying can also happen to adults in the workplace. Federal and state laws protect employees from harassment based on unlawful discrimination. Workplace bullying can frequently violate other laws. If a workplace bully threatens to physically harm an employee, the employee might be able to sue for assault.
A workplace bully who menaces an employee on the way to and from work might be guilty of stalking. In any setting, evidence that a person had to seek counseling or other mental health treatment as a result of the bullying is useful evidence to substantiate a damages claim.
Mobile devices and personal computers make it easy for cruel individuals to log on and post negative comments about someone else. Sometimes, a person uses chat rooms or emails to send a flurry of hateful messages that damage a person’s reputation. Long Island bullying and cyberbullying lawyers have seen social media such as Twitter and Facebook be used by bullies.
In other instances, the bully uses a fake profile or the anonymity of the Internet to say hurtful things to another student that they would not normally say if their identity was known. Such bullying can sometimes be addressed using traditional laws against slander and libel.
Due to the harm caused by bullying, many schools have created programs to fight this form or abuse. In fact, state law requires the implementation of such policies. New York State has passed a law called The Dignity for All Students Act to afford all students in public schools an environment free of harassment and discrimination based on actual or perceived race, national origin, ethnic group, religion, disability, sexual orientation, or gender.
What is DASA?
The Dignity for All Students Act (DASA), which became a New York law in 2010, was designed to set up specific systems in the schools to help curb bullying and provide help and resources to bullied children and their families. When schools don’t take the necessary measures to discourage bullying, and do not take action when kids are being bullied, they can be held responsible. Bullying often leaves not just physical scars, but long-lasting psychological damages that, when proven, are also compensable. Long Island bullying and cyberbullying lawyers can work with kids and their parents to ensure they get the results they deserve.
Understanding Harassment Laws
Harassment means the creation of a hostile environment by conduct or by verbal threats, intimidation, or abuse that would have the effect of unreasonably and substantially interfering with a person’s educational performance, opportunities or benefits, or mental, emotional, or physical well-being.
It also forbids conduct or abuse that would reasonably be expected to cause a student to fear for their physical safety. The law requires schools to provide instruction in civility, citizenship and character education.
It is critical that you have Long Island bullying and cyberbullying lawyers on your side who have handled these kinds of cases before, and who know what kind of evidence and witness testimony can win such a case, or at least get you a favorable settlement.