Workplace Stalking Questions
Workplace stalking can take a tremendous physical and mental toll on any employee. However, while the idea of going to work every day can become unpleasant, there are legal steps that you can take to make your workplace more conducive to work in. If you have questions regarding the best course of legal action to take in a stalking-related case, direct them to Employment Lawyers on JustAnswer for a solution that’s both quick and affordable. A few top questions on workplace stalking answered by Experts are listed below.
After being fired, can an employer withhold a last paycheck while harassing the former employee to come speak with him/her?
You should not have to visit your employer’s office. Instead, you can demand that your check be sent to you by sending your employer a cease and desist letter. If your check is still not sent, you can take up the matter with the State Labor Department or sue your employer in a small claims court. Alternatively, you can hire the services of a lawyer to retrieve the check.
What is the legal term to use when filing workplace harassment case against an employer who is aware but refuses to take any action?
The applicable legal term would normally be Respondeat Superior—a derivation of a Latin word—if the stalking and harassment fall within the scope of the duties of the employee. In certain situations, stalking and harassment take place in areas that do not interfere with the scope of work given to the employee. Yet the employer is aware of it and refrains from taking any action to remedy the problem. In such cases, negligent hiring, supervision and retention are the applicable legal terms. Both the above mentioned situations are usually state law claims. In some cases, this kind of behavior can be seen as an illegal discrimination case pursuant to federal civil rights law.
Can an employee demand a transfer from the employer if he/she is being stalked or harassed by a customer at work without fear of reprisal?
In many cases, employers are not required to transfer their employees because of stalking or harassment incidents. However, employers can also be held responsible for safeguarding their employees, if an employee has complained about harassment or stalking. There may be instances where the employer is seen to not protect the employee by taking appropriate action. If such is the case, approving a request for transfer may become necessary if the employer is unable to or simply refuses to stop the customer from continuing with the offensive actions. In such cases, the employer could face legal action if any physical harm comes to the employee. This is true in cases of sexual harassment as well where an employer is obliged to end the harassment without affecting the working conditions of the employee.
What recourse does one have when a co-worker is stalking and harassing him/her outside of work and fears for their safety?
There are several things you could do in this situation. To begin with, if your co-worker still tries to contact you outside of work, you could treat this as a case of “stalking’ and press charges against him. As “stalking” is seen as a crime, there is a possibility that he could get arrested. Further to this, you could get a restraining order as well. This could protect you to some extent during working hours but afford you full protection outside of work. If your co-worker is a good worker, it could be difficult for your employer to take suitable action against him unless there is a restraining order in place or he is charged with committing an offense. Finally, you could also file for worker’s compensation since you are suffering from a stress-injury which is work-related.
Dealing with a stalker can not only undermine your confidence and leave you feeling vulnerable but can also turn out to be extremely dangerous. That’s why it is important to take timely and appropriate legal action to ensure that you don’t have to face potentially life-threatening situations. When it comes to work-related stalking, Employment Lawyers on JustAnswer are always ready to help with any questions you might have. Ask Experts your troubling questions in the simplest and most cost-effective way possible.