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Tina
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 31985
Experience:  JD, BBA, recognized by ABA for excellence.
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Abused at work, screamed at finger pointing demeaning emai

Customer Question

Abused at work, screamed at finger pointing demeaning emails.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Tina replied 1 year ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am terribly sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

Do you have any reason to believe you may have been discriminated against on the basis of your race, age (40 or older), gender, disability, or other protected status? What do you wish to achieve under the circumstances? In which state do you work? Are you on FMLA leave?

 

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 1 year ago.
No not due to age, race or gender, I went to HR about his person email that I read in his mailbox after that I was d told don't do anything right and two weeks before that I got a meet expectations review. Emails about his life with his wife and how she turn's him away sexally
Expert:  Tina replied 1 year ago.
I see. What was in the e-mail that you reported, that his wife is not responding to him? Why would HR be upset that you read the e-mail? Who is abusing you at work, the person about whom the e-mail was written?
Customer: replied 1 year ago.
Yes and how she can't deal with his mental issues and how the counsler argees with his wife and how she threatens him and his daughter and put his money in her ex husbands account and how she does not love him anymore and how he cannot deal with her abuse he is transferring from his personal email to his work account a journal
I told HR I don't want to read his emails any more which was part of my
job
Expert:  Tina replied 1 year ago.
I see. I'm sorry to ask so many questions, but the situation is still not clear to me. Why was reading the e-mails part of your job? Who is harassing you now? Are they attempting to interfere with the relationship you have with your employer?
Customer: replied 1 year ago.
As part of my job I was to read his emails and respond that is part of my job requirementd so that is why I was in his email box I had rights to it. I did not open these emails in Outlook there is a reader pane that the email does not even have to be opened to read it so i just kept moving down to get to the business emails email after email was personal sent from his personal email box to his work account for what reason I do not know. After I went to HR he starting with I don't do any thing right I am damed if I do and damed if I don't I feard my personal safty today
Expert:  Tina replied 1 year ago.
I see. That sounds serious if you fear for your personal safety.

You may wish to seek a restraining order against the individual and report the issue to the police if he has made threats against you. If you obtain a restraining order, he will typically be prevented from having any contact with you and the employer must accommodate you in some manner.

If HR is unwilling to aid you in resolving the situation, it really would be best if you retain a local employment law attorney to communicate a demand to the individual who is threatening you that legal action will be taken if they do not cease engaging in such conduct.

If you have requested FMLA leave, that federal law protects you from termination by the employer for taking FMLA leave and they must protect your job until you return to work.

Ultimately, the employer could terminate you or the other employee unless there is a contract stating otherwise, but if you retain an attorney, it is more likely the employer will act reasonably and actually punish the one at fault--the other employee--and not you.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Customer: replied 1 year ago.
Is FMLA a paid leave of absence can I go out on stress disorder due to just coming off Shingles medication and today I have out again will schedule a doctors appt today
Expert:  Tina replied 1 year ago.
Hello again, Rosanne.

FMLA leave is not paid, but it is a job-protecting type of leave. If your employer offers short term disability pay, you may be eligible for that, but you need for your condition to be well-documented by your medical provider. If your condition involves stress leave due to your working environment, that should be documented by your provider and could support a worker's comp claim, seeking worker's comp benefits for the time you cannot work.

I would retain a local worker's comp attorney if you have reason to believe the employer will contest your right to such benefits. I would look for one who handles both worker's comp and the harassment issue we have been discussing if possible.
Customer: replied 1 year ago.
Per your advise I ll file a restraining order against him I willl see stress disability and retain an attorney Thank you
Expert:  Tina replied 1 year ago.
You are very welcome, Rosanne. I hope you are able to resolve this matter promptly. It sounds very stressful for you.

Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. Thank you so much.
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 31985
Experience: JD, BBA, recognized by ABA for excellence.
Tina and 9 other Employment Law Specialists are ready to help you
Expert:  Tina replied 1 year ago.

Thank you for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10). It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and all the best to you.

Tina

Note: Please feel free to request me if you have future legal questions by typing your new question in the question box on my profile page. Here is a link to that page, which you can bookmark or add to your favorites: http://www.justanswer.com/law/expert-tina/. I look forward to hearing from you again.

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