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Question

Is it possible to file an anti-harrassment protective order under the following circumstances? Today my boss told me he got a phone call from our campus police regarding an anonymous tip accusing me and another female coworker of drug activity - a false and malicious accusation. We believe it came from a former co-worker (August 2008 - July 2009) who had a long history of verbal violence (excessive swearing and sexual slurs) and physical threats (door slamming, throwing objects) in the workplace that was directed at several women in our lab, including me. I stood up to this guy and filed a written complaint against him in March 2009. Others across campus complained about his harrassment too. He was dismissed for other abusive behavior in July 2009 and I was told that he left the state of Washington and moved to somewhere in California. Apparently, he has launched this first email attack, but how many more will come? How can I protect myselF?

Submitted: 17 days and 5 hours ago.
Category: Legal
Value: $28
Status: CLOSED
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Optional Information

State/Country relating to Question: Washington

Already Tried:
In March 2009 I filed a written complaint to our Human Resources department against this individual.

Accepted Answer

Thank you for your question.

According to Washington Code 10.14.020, unlawful harassment is defined as follows.
(1) "Unlawful harassment" means a knowing and willful course of conduct directed at a specific person which seriously alarms, annoys, harasses, or is detrimental to such person, and which serves no legitimate or lawful purpose. The course of conduct shall be such as would cause a reasonable person to suffer substantial emotional distress, and shall actually cause substantial emotional distress to the petitioner, or, when the course of conduct would cause a reasonable parent to fear for the well-being of their child.
(2) "Course of conduct" means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose. "Course of conduct" includes, in addition to any other form of communication, contact, or conduct, the sending of an electronic communication. Constitutionally protected activity is not included within the meaning of "course of conduct."


Accordingly, you could seek a Civil Anti-Harassment Order on the basis of these defamatory statements upon a finding that these actions have caused you substantial emotional distress, that a normal person would react the same, and that they serve no lawful purpose. If those factors are met, a court should be able to grant the order, though there is no guarantee that it will. It is necessary to have more than simple suspicion that the particular person is taking the actions you believe him to be taking. A court will probably not grant such an order on mere suspicion. Forms should be available at your local Clerk of Court's Office for the purpose of filing for the order. Typically, these filings are very affordable or free.

You may also have grounds for a defamation suit. However, again, it is necessary to be able to pinpoint the individual who defamed you. A successful defamation plaintiff must typically show that:
1. The defendant made a statement of fact to a third party regarding the plaintiff;
2. The statement was not true;
3. The statement harmed the plaintiff.



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If you need additional clarification of this response, please ask a follow-up question and I will be happy to clarify.

Good luck,
T

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Disclaimer
No attorney-client relationship is formed through this correspondence. The following information provided for educational purposes only and is not legal advice/services. Correspondence through JustAnswer may be visible to the public. If you need legal advice/services you should seek, in person, a local attorney as soon as possible. You can find a local attorney at http://www.lawyers.com or http://www.martindale.com.

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Expert: T-USA
Pos. Feedback: 98.8 %
Accepts: 
Answered: 11/5/2009

Attorney

Licensed FL Attorney

16 days and 19 hours ago.

Reply

In regards to a defamation suit, what are the legal definitions of "harm to the plantiff"? I can only claim emotional distress and loss of work time to me, my coworker and my boss. My boss said that this individual made the same statement directly to him several months ago. So I have 3rd party confirmation of (multiple) false statements. My boss does not take anything this individual says seriously and informed the campus police of his behavior. I'm mostly worried about this individual defaming me to a larger professional community.

Accepted Answer

You could potentially recover for job loss and damage to your reputation, provided you could show that those damages stemmed from the false statements made by the defendant.

You would be prudent to have a local attorney evaluate the strength of your case so that you can determine how you would like to proceed. Many attorneys offer free or discount consultations for such matters.


Please remember to click accept so that I will receive credit for my time and effort spent responding to your question. Bonuses are always greatly appreciated.

If you need additional clarification of this response, please ask a follow-up question and I will be happy to clarify.

Good luck,
T

_____________________________________

Please click the green
Accept Button for each and every answer and leave Positive Feedback so that I receive credit for answering your question. Bonuses are always greatly appreciated. I do not receive any payment at all from JustAnswer unless you click accept.

Please remember: Feedback is left for me as an answerer. Please do not shoot the messenger. My control over the content of the answer is limited by the restraint of truth.


_____________________________________


Disclaimer
No attorney-client relationship is formed through this correspondence. The following information provided for educational purposes only and is not legal advice/services. Correspondence through JustAnswer may be visible to the public. If you need legal advice/services you should seek, in person, a local attorney as soon as possible. You can find a local attorney at http://www.lawyers.com or http://www.martindale.com.

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Expert: T-USA
Pos. Feedback: 98.8 %
Accepts: 
Answered: 11/5/2009

Attorney

Licensed FL Attorney

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