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Victimization in the Workplace

A person who is suffers aggression, harm or is disadvantaged in a crime is said to be victimized or subjected to victimization. There are several characteristics or symptoms attributed to a person feeling victimized. These include, deep embarrassment, humiliation, shame, being dehumanized, feeling resigned due to prolonged exploitation, sexual assault, etc. Secondary victimization or post crime victimization is related to being victimized further following the original incident of victimization. Sexual assault victims being traumatized by responses from individuals and organization is an example of secondary victimization. Victimization can range from burglary, assault, internet crimes and identity theft to hate crimes and homicide. Below, Legal Experts have responded to some of the top questions on victimization in the workplace.

I was suspended for bullying and intimidating a co-worker though what it was a joke and we all laughed about it. I suspect that it is because I am pregnant and they don’t want to grant maternity privileges.

Unless there is a contract to the contrary, your employment may be terminated for any or no reason at all. However, such termination must not be discriminatory — based on race, religion, age, disability, sexual orientation, etc. It is also illegal to terminate an employee for asserting his/her statutory rights — Trade Union activities or requesting maternity/paternity leave, holidays, etc.

If your termination was on discriminatory grounds, you could be protected against unfair dismissal if you were employed with your current employer for more than 12 months. If that is the case, you may file a claim with the employment tribunal and provide evidence of your discrimination. Unless you were terminated for gross misconduct, you would be entitled to be paid your contractual notice period. In the event that such a contract does not exist, you would still be entitled to minimum statutory notice period of one week if you have worked between one month and one year.

Anyhow, your suspension is only a means for the employer to investigate the allegations against you, before taking any action, if at all needed.

My victimization at work does not fall into the category of illegal discrimination. However, if I have evidence of victimization, can I claim damages?

Your immediate action should be to notify relevant authorities or senior managers and HR of any harassment or victimization you are facing at the workplace. Your employer has the liability to ensure that you are able to perform your duties without harassment or being victimized.

An employer has the responsibility to correct any situation of harassment or victimization that has been brought to its notice and protect the employee from such acts. Failing to do so makes the employer liable to compensate you. You may also sue for “repudiation of contract” if you have strong evidence to show that the employer did not correct the situation despite the harassment being brought to notice. In case you have made it sufficiently clear that you are unable to continue working under these conditions, you may leave without notice and file a claim against your employer.

We are receiving phone calls from the Department of Family and Protective Services, Texas because a previously convicted criminal keeps reporting Child Protection Service (CPS) against us. The criminal is retaliating for my husband's co-operation with the DA office in the criminal case against her.

You have a strong case here and may even be able to recover damages. You may have to contact a local attorney to bring a suit of “malicious prosecution” — this relates to an agency prosecuting you civilly or criminally for false reasons — against the CPS, which is sufficient to get their attention. The court may then order the prior convict from ever contacting you or your family. Often, a stern demand letter and a draft petition included with it from your attorney are sufficient to resolve such cases.

I had an affair with a psychologist who manipulated me, lied to me, told me he loved me, and used me for sex knowing that I am bipolar. Do I have any legal recourse?

As a legal recourse, you may hire a personal injury lawyer to assist you with filing a complaint against your psychologist with the California Division of Consumers Affairs, Board of Psychology. Once the Board rules in your favor, you may sue the psychologist for civil damages in a superior court. Such a ruling will also make it easier to obtain a settlement offer from the psychologist.

How can I stop being victimized by a local competitor who is enhancing his small business by threatening manufacturers who do business with me and other local retailers?

Since mere allegations will not suffice in the event that you bring a case against your competitor, you will have to gather circumstantial evidence as to why you are bringing a claim against him/her. For this, you may get a manufacturer to submit information on how exactly the intimidation was carried out. You may also convince the owners to provide information on your competitor’s actions. Of course, a collective action involving all concerned would make the chances of success very strong. You may file a suit for “tortuous interference with business relationships” and/or “tortuous interference with contractual relations.”

The National Crime Victimization Survey (NCVS) classifies aggravated assault, rape, sexual assault and robbery as serious violent crimes. Theft, household burglary and motor vehicle theft are included as property crimes. Most victims undergo post-traumatic stress disorder (PTSD), which indicates that criminal victimizations has both immediate and long term psychological effects. The most important step for a victim of any sort of criminal intimidation is to report the crime and seek justice. Victims may benefit from contacting a Legal Expert on their course of action.

Ask an Employment Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8108
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
characters left:
6 Employment Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Employment Lawyers are online & ready to help you now

Tina
Lawyer
Satisfied Customers: 7759
JD, BBA, recognized by ABA for excellence.
Marsha411JD
Lawyer
Satisfied Customers: 10539
Licensed Attorney with 27 yrs. exp in Employment Law
Infolawyer
Lawyer
Satisfied Customers: 9785
Licensed attorney helping employers and employees.

Recent Victimization Questions

  • I worked 49 hours. 9 hour overtime at time and a half. during

    I worked 49 hours. 9 hour overtime at time and a half. during that time, I worked 8 hours on a Holiday at time and a half. The company paid me 8 hours Hours Holiday time but refuse to pay me 9 hours overtime. Their reason, Holiday and OT are the same regardless if the OT was done on the Holiday. Furthermore, with that being stated, what happened to the extra hour? Shouldn't the two be separated?
  • I made a written request to my employer to view my personal

    I made a written request to my employer to view my personal file under the Bullard Plawecki Right to Know Act 3 weeks ago. I have not gotten a response or had the opportunity to look at my files. I cornered my HR rep and asked about the request. She said I would see something the following day, which was 3 days ago, and nothing was provided. How long should I wait before seeking legal counsel?
    Also, is it okay to put in writing that if they fail to produce the documents by a certain date that I can assume they do not exist and act accordingly unless they provide the documents and prove otherwise? It is my understanding that if they fail to provide the documents in a reasonable timeframe that they cannot use anything in it against me if it goes to a hearing.
    The main reason I want the file is to be able to see the non-compete that I do not remember signing but yet it prevents me from getting any new job. My employer tells me that it exists but will not provide a copy. So prospective employers call my current employer and they are told that I will not be released from my position due to a non-compete.
  • Hi, I was recently fired for poor performance. This performance

    Hi,
    I was recently fired for poor performance. This performance is largely due to feeling ill during a pregnancy and narcolepsy that has continued since. I am also in counseling for social anxiety. My employer was fully aware of both medical issues and my work to work on these issues. The progress was slow due to insurance difficulties and doctor scheduling, but we are underway to correct the problems. I was fired today and I have a severance package, but I am hesitant to sign it unless I know that I would have no legal case for wrongful termination for them firing me because of the medical illnesses I couldn't help. I was wondering if I should look into suing them for firing me for performance due to medical conditions or if I would likely have no case and move on. Please let me know. they are reorganizing the company and due to my time out for pregnancy and slowed learning due to the sleep issues, they decided they didn't want me to be trained because I was ill.
    Thanks.
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