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Ellen
Ellen, Lawyer
Category: Employment Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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I was advised to get a restraining order against a co worker

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I was advised to get a restraining order against a co worker by the police and my job told me if I do I have to resign
Hello,

Thank you for your question. I am happy to assist you.

I am a lawyer with 25 years experience. While I am not your lawyer and do not represent you, I will endeavor to provide you with legal information through this open and nonconfidential forum.

What type of harassment?
Customer: replied 6 years ago.
He kept calling me following me around testing me then sometimes calling me names because I wouldn't talk to him last night he was drunk and jumped in my car when I was at the stop light near work he wouldn't get out then threatened to shoot himself because I didn't care about him then would turn violent then cry more violent then he said he was going to drive even though he was far to drunk to drive I had people there he would freak out we got his keys he became violent again and then he was yelling at my car and wouldn't go I called the cops this is not the first time that he jumped in my car and wouldn't get out one time when we were both at work and hr is mad because they fired someone for taking a survey about how much it would cost to sleep with me so hr then told me i can't report harassment and if I go get te restraining order I'll have to resign
Hello,

You appear to be working in a hostile work environment. This means that if you were terminated for obtaining the restraining order, you may file suit against your employer

In order to have an action against the person and your employer for hostile work environment, you will need to be able to relate the persons behavior to some type of actionable discrimination. Mere bullying and rude behavior is not sufficient

The U.S. Supreme Court has stated that an action for a hostile work environment exists only when there is clear discrimination on the grounds of race, religion, sex, national origin, age, and disability.

If you think your treatment is based upon one of these grounds, you may have an action.

To make a claim against your employer, you must file a "charge of discrimination" with the EEOC. The charge must be filed by mail or in person with a local EEOC office within 180 days from the date of the alleged violation.

For detailed instructions, see this link:

http://www.eeoc.gov

Good luck.
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