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Is it considered third party harassment when a person continually

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speaks ill of you to...
Is it considered third party harassment when a person continually speaks ill of you to other people that you know & has been ordered to stop.
Submitted: 2 years ago.Category: Personal Injury Law
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7/15/2015
Personal Injury Lawyer: Christopher B, Esq, Attorney replied 2 years ago
Christopher B, Esq
Category: Personal Injury Law
Satisfied Customers: 2,983
Experience: personal injury and medical malpractice attorney
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My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship. Third party harassment means harassment caused by a person or group of people who work outside the control of the employer, such as contractors, clients, customers, vendors and suppliers, or some other party which makes frequent visits in the place of business. It is the duty of any employer to provide a place which is safe to work and is free from any kind of harassment. Although people, who are third party harassers, are beyond the direct control of the employer, yet courts have ordered some guidelines regarding prevention of this kind of harassment.The law of almost all the states along with the federal law states that any form of third party harassment at the workplace has to be dealt by the employer. And, the employer has to take all steps to avoid it as much as possible. If such harassment takes place, then it would be considered as a violation of the Civil Rights Act of 1964, and the employer will be subjected to a lawsuit. This type of harassment not only includes any sexual harassment, but also includes other forms of harassment based on race, color, gender, religion and national origin. According to the Equal Employment Opportunity Commission, if the employer has not initiated action against the third party harasser in spite of knowing the facts and consequences, then the employer would be liable. The EEOC will, in turn, look for other legal responsibility which the employer might be having in relation to the behavior of the third party non-employee There is also defamation if your situation meets this as well: Defamation cases are extremely difficult to win and then even with proof that there’s been slander or libel, the plaintiff has a heavy burden to show he/she has been financially damaged (as opposed to one’s feelings being hurt).The plaintiff in these cases has the burden of proof to show:that the slander caused her any actual, financial damages orthat plaintiff’s reputation was damaged in any manner orthat the defendant knew that the statements were false or that she recklessly disregarded the falsity of the statementDamages in these cases are very hard to prove. It will be much easier if you do in fact have a previous court order for the person to stop the behavior. 1)There are compensatory damages- for example you could have lost your job or lost a valuable contract because of the accusation. It's possible to add those damages up easily enough if they happened. 2) There's damages for emotional distress, a lot less definite, but availalble.3) Then there's punitive damages, just because of the outrageous nature of the conduct. It's hard to get punitive damages in NY.So yes this is an actionable claim in New York but cases like these rarely pay out as damages are very hard to ascertain. Please let me know if you have any further questions or require any additional guidance. Please do not forget to positively rate my answer (There should be smiley faces or a 1-5 ranking on my answer. I would appreciate a good or excellent rating) as this is the only way that I am compensated for my work.
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Personal Injury Lawyer: Christopher B, Esq, Attorney replied 2 years ago
I see you have reviewed my answer, please let me know if I can do anything further. Please positively rate (There should be smiley faces or a 1-5 ranking on my answer. I would appreciate a good or excellent rating) my answer if you are satisfied as it is the only way I am compensated for my work.
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Personal Injury Lawyer: Christopher B, Esq, Attorney replied 2 years ago
Any chance for a positive rating? Let me know if something is unclear or you need to ask any follow up questions.
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