Employment Law

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If an employee of management came into another employee who…

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If an employee of...

If an employee of management came into another employee who is not management face and invaded her space putting this person in a hostile environment while other employees and customers are witnessing and told this employee that she is not scared of her and told her not to speak to her that way in a threatening way is that considered to be a threat?

Lawyer's Assistant: Have you documented this or discussed it with HR?

Yes! And the store manager that was on duty that day.

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes.. If an employer came to an employee and accused them of actions that he has no proof of, just go by hear say and speculation and followed this employee around. Is that considered harassment? Even when you told this employer that I felt like I was being harassed and kept on proceeding to do it?

Submitted: 7 months ago.Category: Employment Law
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10/4/2017
Employment Lawyer: Patrick, Esq., Lawyer replied 7 months ago
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,063
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Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

There is no legal definition of "threat" in this context. While this behavior was certainly inappropriate, it does not violate any law as there is no law against being rude, unprofessional or aggressive. This is an internal personnel matter, not a legal matter, and as such it is best addressed by going to HR or to the manager's boss where you can explain what happened. The law does not mandate that your employer take any sort of corrective action, but most employers will find this conduct unacceptable and do something not because it's REQUIRED, but rather because it's good management.

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Employment Lawyer: Patrick, Esq., Lawyer replied 7 months ago

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

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Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications.

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Customer reply replied 7 months ago
What if I went to human resources about this claim and he did nothing about the situation. What steps do I take? Who can I talk to about this employee behavior? And what about the harassment part?
Employment Lawyer: Patrick, Esq., Lawyer replied 7 months ago

Thank you. Since the conduct is not illegal and since an employer has no obligation to take remedial measures to address the conduct, there really isn't much more that you can do beyond attempting to address the situation on a personal level. The law will not be of any assistance. I would go to the highest levels of the company and explain what happened and ask that disciplinary action be taken.

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Employment Lawyer: Patrick, Esq., Lawyer replied 7 months ago

But that's really all you can do. Since the law does not mandate a particular response you cannot force a response.

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