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Allen M., Esq.
Allen M., Esq., Attorney
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Experience:  Lawyer and legal specialist.
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I work in Mass. I feel like I am in Hostile work enviornment

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I work in Mass. I feel like I am in Hostile work enviornment due to an employee of mine. He is deff ill mentally probably paranoid schizofrenic with a psycotic break. Anyway he has worked for me for about a month and things started gradually. First where he had an interaction with one of our IT security offices and told me he just had to make one phone call and he would not fear for his job but fear for his life. This was reported to HR. He then was out of work and in the hospital for a few days. When he came back his anger seemed to now be directed at me. He got physically close when he was very agitated about something being missing from his desk. He also made a statment about his grandmother being powerful in the spirtual world and she was going to take care of things for him meaning towards me. The threat happened again on a day he was dissatisfied with things about his work. He was also found waiting for a new employee at her car which made her uncomfortable. He listens into my private conversations and then twists things and accuses me of saying things I did not say. He has stopped other staff memebers of mine who have come to me concerned for my saftey. I have been working under these conditions for three weeks because I need my job but at this point I told my Director on Friday that I am afraid of him and what he might do since he is so angry at me for his fantasy of what I have done. My Director and HR support me because I have worked there for 9 years and the things he states I do they know I would never do..... BUT he still works for me and as of Monday I plan to stay home till I see what they are going to do. I feel like at this point I have to take some kind of action to protect myself but I dont know what my rights are. To carry peoper spray here I have to file an application. I need something now. Please assist if you can.
Submitted: 1 year ago.
Category: Legal
Expert:  Allen M., Esq. replied 1 year ago.

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.

 

 

Allen M., Esq., Attorney
Category: Legal
Satisfied Customers: 15658
Experience: Lawyer and legal specialist.
Allen M., Esq. and 14 other Legal Specialists are ready to help you
Customer: replied 1 year ago.
There is nothing else that can be done? Can my employer have him committed from work?
Expert:  Allen M., Esq. replied 1 year ago.

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.

Expert:  Allen M., Esq. replied 1 year ago.

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.

 

Good day.

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