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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 41221
Experience:  I provide employment and discrimination law advice in my own practice.
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There was an incident at my workplace about 2 weeks ago. I

Customer Question

There was an incident at my workplace about 2 weeks ago. I have been a widow for 2 years now, and unfortunately my coworker named Sue, her husband died from a terrible accident 2 weeks ago. Another coworker of mine named Mary walked up to me and said, "Did you hear about Sue's husband? Sue just joined your club!" and walked away. I was completely shocked and was in loss of words. After I got home from work, this incident was all I could think about and I weeped throughout the whole night. Sue heard about what Mary has said and she was also deeply affected and was in emotional distress. Along with Sue and myself, there are two other widows at our workplace. Our husband's deaths are nothing to joke about, and we all obviously took serious offense to this statement. We are all government employees. I wanted to ask you in a legal perspective what this type of assault is? Also, we are in the process of writing an incident report for disciplinary wrongdoing. Could you by chance write us a clear and concise letter that we can include in our report? Thank you.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your post. Please permit me to assist you with your concerns.
I am genuinely shocked at the comments myself and I am sorry that you were exposed to them. However, this is not assault. Assault from a criminal perspective requires physical contact. From a civil aspect assault requires a word or a phrase that threatens physical harm or danger. Neither are present here. This, from a civil perspective, might be seen as 'intentional infliction of emotional distress', and that is something that while not criminal, can permit you to consider filing for damages against this person.
As far as this letter, we cannot draft documentation for you as it may be seen as representation, which is something we cannot engage in. But if you draft a letter, as an additional service I can help edit it and make it look more professional. Please advise if that is acceptable to you.
Sincerely,
Dimitry, Esq.
Customer: replied 2 years ago.
I will send you a draft.To manager,
There was an incident that occured at our workplace 2 weeks ago. As you know already, I have been a widow for 2 years now. Recently, Sue's husband had passed away from a terrible accident. When I was wor*****, ***** walked up to me and said,"Did you hear about Sue's husband? Sue just joined your club!" I was completely shocked and was in loss of words. When I returned home from work, Mary's words were all I could think about and I weeped throughout the whole night. Sue found out about what Mary has said and was deeply affected and was in emotional distress. There are widows in the workplace and our husband's deaths are nothing to joke about. We all took serious offense to Mary's statement. We all believe that Mary needs to receive disciplinary action so that an incident like this does not happen again in our workplace.
From, Margaret
SueCustomer(This is not for lawsuit purposes, this is just for management to take action for her wrongdoing)
Expert:  Dimitry K., Esq. replied 2 years ago.

Thank you for your follow-up.

Is that your draft above, or is this a different document?