Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

Can an employee sue a customer, if they employee feels intimidated…

Customer Question
Can an employee sue a...
Can an employee sue a customer, if they employee feels intimidated by said customers actions? What if the employee was not "on the clock" at the time of the incident?
Submitted: 8 years ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 18 minutes by:
6/27/2010
Lawyer: Teacher Editor, Instructor replied 8 years ago
Teacher Editor
Teacher Editor, Instructor
Category: Legal
Satisfied Customers: 1,339
Experience: College Instructor
Verified

This is a case of people being abnoxious. Legally, this may qualify for slander, which means someone speak something that is not the truth and damages the reputation of another. Nevertheless, this is on the low end of the intensity of slander. In addition, in our legal system, you have to prove damages that came directly from the slander (for example, you own a business that sells vitamins and someone makes a commercial that your vitamins are poisonous, that would be considered slander and your damages would be the sales lost).

 

Here are the elements of slander:

 

  • A false and defamatory communication about the plaintiff
  • Publication to a third party
  • Fault amounting to either negligence or intent on the defendant's part
  • Harm or damage to the plaintiff.

  • You qualify on all except probably the last one, which will be your biggest challenge if you decide to take this to your local trial court.

    Ask Your Own Legal Question
    Customer reply replied 8 years ago
    For clarification;

    Now, because this guy has said things in front of myself in others, with regards XXXXX XXXXX saying that I "stole" something from him, can I or should I pursue this as a civil, or criminal case? As I am hoping to press charges against him for simple assault already (for telling me to "go (explitive) myself".) My biggest concern of course, is the embarrasment I went through were I work. He embarrased me by saying I stole something, which I a lie that I can prove. He said this in front of my boss, and my peers who work under and for myself, and customers as well. Does this count as "creating a hostile work environment:? Also, can I sue him for my lost time at work, and the cost of my time driving a long distance? Or is this something I should pursue against my employer? I'm really confused as you can tell, because of the fact that I was supposed to work that day, but at the times of the incidences, I was off the clock. Last question is, if necessary, can I leave my job based on a "hostile work environment" being created by a customer? And can I get in trouble with my employer if I sue the customer, and/or press charges?
    Lawyer: Teacher Editor, Instructor replied 8 years ago

    I'll try to answer your questions in order.

     

    For a criminal case, this would probably not be enough and would probably be dismissed as it is just not severe enough, otherwise everyone who got sworn at could sue and people can't do that.

     

    For a civil suit, this would be your best chance but you would have to prove damage sthat resulted from what was said and that will be hard unless you can prove that other customers are not giving you any business now.

     

    For your costs, if your employer had you do this, the costs should be on him as you were acting in your employed capacity when you incurred the damage/costs.

     

    In terms of hostile work environment, this has to be persistent and usually caused or not prevented by the employer. Here, this would probably not be severe enough to qualify.

    Ask Your Own Legal Question
    Lawyer: Teacher Editor, Instructor replied 8 years ago
    Please press Accept if my answer has helped you.
    Ask Your Own Legal Question
    Was this answer helpful?

    How JustAnswer works

    step-image
    Describe your issueThe assistant will guide you
    step-image
    Chat 1:1 with a lawyerLicensed Experts are available 24/7
    step-image
    100% satisfaction guaranteeGet all the answers you need
    Ask Teacher Editor Your Own Question
    Teacher Editor
    Teacher Editor
    Teacher Editor, Instructor
    Category: Legal
    Satisfied Customers: 1,339
    1,339 Satisfied Customers
    Experience: College Instructor

    Teacher Editor is online now

    A new question is answered every 9 seconds

    How JustAnswer works:

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

    JustAnswer in the News:

    Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
    JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
    Web sites like justanswer.com/legal
    ...leave nothing to chance.
    Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
    Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
    I will tell you that...the things you have to go through to be an Expert are quite rigorous.

    What Customers are Saying:

    Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

    Gary B.Edmond, OK

    My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

    EricRedwood City, CA

    I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

    MichaelWichita, KS

    PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

    Three H.Houston, TX

    Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

    ElaineAtlanta, GA

    It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

    TonyApopka, FL

    Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

    LeeMichigan

    < Previous | Next >

    Meet the Experts:

    Ely

    Ely

    Counselor at Law

    24,658 satisfied customers

    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

    INFOLAWYER

    INFOLAWYER

    Attorney

    22,843 satisfied customers

    Licensed attorney helping individuals and businesses

    JPEsq

    JPEsq

    Attorney

    2,132 satisfied customers

    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

    Law Educator, Esq.

    Law Educator, Esq.

    Attorney

    44,266 satisfied customers

    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

    Ellen

    Ellen

    Lawyer, Consultant

    8,238 satisfied customers

    25 years of experience helping people like you.

    Guillermo Senmartin

    Guillermo Senmartin

    Lawyer

    301 satisfied customers

    Principal Attorney at Guillermo J. Senmartin, P.A.

    Dimitry K., Esq.

    Dimitry K., Esq.

    Attorney

    17,183 satisfied customers

    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

    < Previous | Next >

    Related Legal Questions
    I've been dealing with a situation at a somewhat new job I
    I've been dealing with a situation at a somewhat new job I feel that is on the border of harassment and after a meeting that took place on Friday I'm wondering if I myself should report fill out a for… read more
    DamienJD
    DamienJD
    Attorney
    Doctoral Degree
    5,336 satisfied customers
    Can a private citizen sue a company for harassment and what
    Can a private citizen sue a company for harassment and what type of lawyer would we need to contact? … read more
    LegalPro54
    LegalPro54
    Doctoral Degree
    1,258 satisfied customers
    I have a question related to actions being taken by my
    I have a question related to actions being taken by my employer. … read more
    socrateaser
    socrateaser
    1,031 satisfied customers
    I went to Best Buys and was given poor service costing me
    I went to Best Buys and was given poor service costing me time and money. I was frustrated but not angry. When I tried to provide feedback the employee I whispered to her because I didn't want a scene… read more
    Barrister
    Barrister
    Attorney/Landlord/Realtor
    Doctoral Degree
    38,248 satisfied customers
    Two things. One, My HOA had my vehicle towed, saying they
    Two things. One, My HOA had my vehicle towed, saying they put a warning sticker on it. I didn't see or get any warning; but when they say they put a warning on it - was during a 3day blizzard. The rul… read more
    Law Educator, Esq.
    Law Educator, Esq.
    Attorney
    Doctoral Degree
    44,266 satisfied customers
    Hello! I quit my job due to unrelenting circumstances. I
    Hello! I quit my job due to unrelenting circumstances. I have 4,000 worth of deposits in our work system for pictures. As I was leaving I took my pictures without permission. I understand this is wron… read more
    Dimitry K., Esq.
    Dimitry K., Esq.
    Attorney
    Doctoral Degree
    17,183 satisfied customers
    I am elected official of 20 years..recently lost a leg and
    I am elected official of 20 years..recently lost a leg and totally in a wheel chair. I do my job daily and planning on retiring in November. We have a supervisor who is also elected but as treasurer, … read more
    rvlaw
    rvlaw
    Judge
    Juris Doctor
    3,203 satisfied customers
    I work in retail mgmt.-( 9 yrs.) with same co.For the past
    I work in retail mgmt.-( 9 yrs.) with same co.For the past year I have been harassed, belittled, and made to feel unworthy to hold the position I have as assistant manager . My district manager ( with… read more
    Dimitry K., Esq.
    Dimitry K., Esq.
    Attorney
    Doctoral Degree
    17,183 satisfied customers
    I had an affair with a woman for 3 years the last 2 months
    I had an affair with a woman for 3 years the last 2 months of the relationship was not easy, we were basically restricted to texting for communication it was getting difficult to see each other. One n… read more
    AttorneyTom
    AttorneyTom
    Attorney at Law
    Juris Doctor, BSBA
    1 satisfied customers
    I was stopped for speeding 10/29/2010 by officer who said he
    I was stopped for speeding 10/29/2010 by officer who said he clocked me @ 53 mph in a 25 mph zone. I was in shock & didn't say a word, knew something not right. I took my husband up to location (sign … read more
    JB-Umphrey
    JB-Umphrey
    Attorney & Counselor
    Juris Doctor
    606 satisfied customers
    my manager where i work told me i had to punch out for 1 hour
    my manager where i work told me i had to punch out for 1 hour and that i had to keep working off the clock she also sent this to a fellow employee by text telling him i had to do it. she also has accu… read more
    Richard - Bizlaw
    Richard - Bizlaw
    Juris Doctor
    3,773 satisfied customers
    Hi, I was terminated last week after barely a month on the
    Hi, I was terminated last week after barely a month on the job (I had been looking for work for one year and 5 months and was receiving close to the max in unemployment). I was given two short reasons… read more
    JB-Umphrey
    JB-Umphrey
    Attorney & Counselor
    Juris Doctor
    606 satisfied customers
    My boss who is a white male fired two african american employee
    My boss who is a white male fired two african american employee for sexual harrasment and harrasment, when I was sexually harrased by a white male my employer did nothing. This same employee threatend… read more
    LADYLAWYER
    LADYLAWYER
    Owner of my own law firm
    Juris Doctor
    6,438 satisfied customers
    Recently a customer of mine threatened me on phone to kill
    Recently a customer of mine threatened me on phone to kill me and my entire family, before calling me on my cell he wrote an intimidating email again using strong words and threatning me. what are the… read more
    Daniel Solutions
    Daniel Solutions
    Doctoral Degree
    5,212 satisfied customers
    I have a question. I have worked at this resturant for five
    I have a question. I have worked at this resturant for five months. The manager said that I had a complaint from a customer saying that I was rude. They complain because the food was not cooked right … read more
    legaleagle
    legaleagle
    Attorney
    Doctoral Degree
    7,047 satisfied customers
    I work for a big company in sanford NC..On may 31-2008 a ...
    I work for a big company in sanford NC..On may 31-2008 a sexual comment was made about me to another employee..the comment was made by a man who was filling in the place for a supervisor who was on va… read more
    legaleagle
    legaleagle
    Attorney
    Doctoral Degree
    7,047 satisfied customers
    If your at work, and clocked in when your sent to pick up ...
    If your at work, and clocked in when your sent to pick up another employee. In someone else's car, and now owe the deductable to that person. Is the company you work for liable in anyway? Since they s… read more
    Walter
    Walter
    Just Answer Consultant
    6,024 satisfied customers
    2 years ago I was assaulted by my boss at a fortune 500 ...
    2 years ago I was assaulted by my boss at a fortune 500 company. He locked me in his office, badgered me about making a decision that was not required that day (due to lay off did I want to say on lon… read more
    Ed Johnson
    Ed Johnson
    Senior HR Consultant and Business Devlpm
    Bachelor's Degree
    6,994 satisfied customers

    DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

    The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

    DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

    The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

    Show MoreShow Less

    Ask Your Question

    x