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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
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Experience:  Licensed Attorney with 28 yrs. exp in Employment Law
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What is the time limit to sue an employer for allowing work

Resolved Question:

What is the time limit to sue an employer for allowing work harassemnt by a fellow employee.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Marsha411JD replied 1 year ago.
Hello,

Thank you for your question. Can you tell me what kind of harassment you are referring to? In brief, what sort of actions? What protected class are you alleging that you were harassed because you are a member of it?
Customer: replied 1 year ago.

It was a fellow co-worker that was placing threatening signs, and other actions. There was a time that a retired police was in the building because of another employee that might try to enter the building. The officer was more concerned about the guy harassing me, the guy talked to the officer.


 


I'm not sure what you mean by the last part, I was a rank and file employee, part of a union.

Expert:  Marsha411JD replied 1 year ago.
Hello again Rob,

Unfortunately, unless there was a violation of your bargaining agreement and you grieved that and lost, there would not be any basis for a law suit unless you were targeted for "severe and pervasive" harassment because you are a member of a protected class under employment discrimination laws. In other words, workplace harassing behavior and bullying, without unlawful discriminatory intent, is not illegal. It is certainly unprofessional and inappropriate, but not illegal. Again though, if the bargaining agreement or company policies gave you more rights that the law in general does in regards XXXXX XXXXX behavior, then you would have had to file a grievance and gone through the union and the employer for resolution.

If this were a case where harassment was motivated because of your race, gender, national origin, religion, disability, etc., then you would have had to file a discrimination complaint with the EEOC no later than 300 days after the last act you are complaining of. Then suit must be filed withing 90 days of receiving a "right to sue" letter from the EEOC.

If you were going to file suit against the union for misrepresentation, you would generally have 4 years.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 17408
Experience: Licensed Attorney with 28 yrs. exp in Employment Law
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