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    I want to know the definition of Illegal Harrasement? My fiance works for a small family owned business with the mother as the president and the father comes into the office to read the paper only. Besides the problem of one of the sons being verbally abusive to most of the employees, one of her co-workers seems to be unstable.

    Last Thursday after a week of all the staff stageing a walk out due to the sons abusive behavior, her co-worker flipped out on my fiance. She started screaming and yelling and then began to verbally threaten my fiance by telling her "I don't know what I'll do to you but I'll do something!" No matter what my fiance did to try and calm her...that made her more irate and another threat was spouted during the rant.

    One thing that I need to point out, this was done right in front of the two owners. My fiance was backed into a corner that happened to be right next to the owners desk. All she could do was stand next to the owner in hopes that her co-worker wouldn't harm her while next to the owner.

    The other thing that I find appauling is that the owners didn't even call my fiance afterwards to see how she was doing. They told her to take the next day off..but didn't call her at all. Are there any recourses to this behavior? Do we need to contact the athorities to report this. I don't want her going back to that job, but now we're out of that extra income.
    Last edited by jamair1; 09-28-2007, 09:00 PM. Reason: Change title line

  • #2
    Illegal harassment refers to that which is based on an individual's race, religion, national origin, gender, disabilty, pregnancy, being over 40, or for being a member of a group protected by state law.

    Based SOLELY on what is in your post, no illegal harassment took place. The behavior was appalling, I'm not saying otherwise, but unless there is something major you left out, it was not illegal.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      Violence

      From what I know, none of those things were included in the threats, but how do I find out what recourse she has now since she's afraid to go back to that job.

      There is no reason she needs to put up with that behavior nor have to quit her job to feel safe. At the very least, would filing a police report help in any way?

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      • #4
        Originally posted by jamair1 View Post
        From what I know, none of those things were included in the threats, but how do I find out what recourse she has now since she's afraid to go back to that job.

        There is no reason she needs to put up with that behavior nor have to quit her job to feel safe. At the very least, would filing a police report help in any way?
        I would certainly contact the police if screaming "I dont know what I'll do to you but do something".
        That can easily be seen as a threat to safety, and it's the responsibility of the police to investigate such a case. Since you dont want your fiance to return to that job then you have absolutley nothing to lose.
        Your options in the workplace are the three "L's"- Live with it, Lobby for change, or Leave. Screaming for an attorney will do no good most of the time.

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        • #5
          What kind of recourse is she looking for?
          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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          • #6
            She doesn't want to be fearful of her safety while at work....and she doesn't want to quit a job that she likes. Of course, she can't be there if there is a threatening situation either. So I guess I'm asking, if she reports this to the police what could be the benefit of that, if it isn't illegal behavior to be physically threatened at her job? What will the police do to prevent her from being harmed?

            I need to add, she has already been a victum of violent crime before and does all she can in terms of awareness and protecting herself. There has to be some type of right that gives her a choice of staying at work and to be safe at the same time? From what I'm gathering she either has live with the fact that she can be harmed/threatend without consequence or quit her job?

            What are the owners responsibility in this matter...they have a company policy that says threats/harrasement is not tolerated?

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            • #7
              We cannot possibly know what action the police will take.

              I wasn't there so I can't say for certain, but I have to tell you that, "I don't know what I'll do to you but I'll do something" is not a phrase that explicitly defines physical harm. Complaining about your fiancee to the owners would be doing something to her under the phrasing you mention. So would calling her on the phone. So would trying to start a rumor about her around the office.

              Why is she assuming that her safety is threatened? Was something said or done that you have not mentioned?

              Again, based SOLELY on what you have posted, nothing illegal has taken place so the company owners have no legal obligation to take any action.
              The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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              • #8
                The person of complaint was screaming at the top of her lungs, face flushed red, veins popping out. As described by my fiance the other employee was rushing closer to her...as she was screaming at her. She only stopped once she realized the owner was right next to my fiance.

                The mood wasn't any which she was going to harrass her via phone or complain to the owner about her...the other employee flipped out and was acting out in the way described right in front of the two owners. It was clear that if she was going to do something...it was going to be of a physical nature.

                I don't know...I think we'll go to the local police station just to file a complaint and then see what happens from there. Thanks for you attempts at answering the question.

                Comment

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