Thank you for your question today, I look forward to assisting you. I bring nearly 20 years of legal experience in various disciplines.
Unfortunately, there isn't any law that will give you a quick resolution to this issue.
Hostile work environment, while also not a quick acting law, doesn't actually apply here. The Supreme Court has stated that that term only refers to harassment based on YOUR race, religion, gender, age, disability or FMLA use. That is not what is happening here.
This is an employer safety issue, but unfortunately, all the law does in terms of employer safety is make the employer financially liable if something were to happen in the workplace.
The only thing that you can do quickly is refuse to go into work and, if you were terminated, file for unemployment based on your employer not providing a safe work environment.
I really wish that I could tell you differently here and I would force one of my employers to address this issue quickly, but obviously your employer is not one of mine. You will have to continue to work through your HR department, because this is not yet an issue that a court can deal with, in terms of employment law.
Your employer can fire him, yes. My point is that you can't FORCE them to fire him.
Your employer has plenty of power here, but I'm not answering this question for them. I'm answering it for you and so I need to restrict the answer to what you can have done, which is very little.
If your employer, after you work through HR, wants to fire him and keep him out of the building, they have every right and ability to do that. But you are not in a legal position to demand that they do that.
I see that you requested a refund. While I understand your not being happy with the law here, I would have liked the opportunity to answer any follow up questions that you may have had rather than having your rating of me removed.
I really wish I could have given you the answer that you wanted. Instead, I respected you enough to be honest with you. I would have hoped that that was what you wanted.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).