A friend works in a hostile work environment and is constantly harassed by a co-worker. Her employer has said he has a no fault policy. When it comes to problems between employees, both will be let go. Now my friend is afraid to go to him about the harassment. Does she have any recourse?
2006-07-14 07:21:36 · 10 answers · asked by hippichik413 2 in Politics & Government ➔ Law & Ethics
a no fault harassment policy sounds like a bunch of bull. An employer has a duty to maintain a workable environment for all of it's employees. Has she tried going to human resources? She cannot legally be fired for being a victim of harassment. She could threaten to sue him in civil court, for intentional infliction of emotional distress, or assault...
Assault in civil court does not require physical contact, or battery, but merely requires that the victim be fearful of impending battery...
There should be a chain of command where she works..an order of people you seek out when you have a problem. If her immediate supervisor is not handling it, then she needs to go over his head...and not be worried about the recourse against her..
2006-07-14 07:29:55 · answer #1 · answered by loubean 5 · 1⤊ 0⤋
There are policies about harassing/bulling in the work place have her check the laws in the state your located. Also the employer has the responsibility to ensure you are working in a safe environment. Check your state laws if she is fired for this she could have a law suit especially if she is doing her job.
2006-07-14 07:29:17 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Yes she/he can sue the company. It is illegal for any boss to allow any kind of harrassment. She/He needs to comfort the boss and tell him the that she/he is being harrassed by a co-worker. If this fails talk to a lawyer. They will help. It would also be a good thing to try to tell whoever it is that your friend feels like she/he is being harrassed. Sometimes it can be a miss communication. If all else fails go to a court house and place a claim in. Then get a lawyer.
2006-07-14 07:30:34 · answer #3 · answered by Janel Nelson 2 · 0⤊ 0⤋
No such thing as a no fault policy... if she's getting harassed she should definitely go to human resources and report it. They obviously know the policies and laws better than her manager. If she reports sexual harrassment and gets fired because of it... she's gonna make a LOT of money from the ensuing lawsuit.
2006-07-14 07:26:55 · answer #4 · answered by crazyhorse3477 3 · 0⤊ 0⤋
I confronted my harrasser, I printed out a page on defamation of character stating the consequences of messing with me, I don't have a lawyer but I just said I have a friend that will help me for free and sue her if she continues to piss me off, and she has.
2006-07-14 07:26:00 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Not if he works in an at-will state.
2006-07-14 07:27:40 · answer #6 · answered by Salem 5 · 0⤊ 0⤋
Have her file a complaint against her employer with the state department of labor or the federal department of labor.
2006-07-14 07:25:28 · answer #7 · answered by jim 6 · 0⤊ 0⤋
She should let her boss know that it's against the law to let someone go because they are being harrassed and that if he chooses to do so she will contact the labor board and her lawyers.
2006-07-14 07:25:57 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Tell the boss and if she gets fired she needs to file a complaint with the labor board.
2006-07-14 07:25:40 · answer #9 · answered by Anonymous · 0⤊ 0⤋
CrazyHorse is right... no such thing as a "no fault" policy... whoever told her that is full of ****...
2006-07-14 07:31:04 · answer #10 · answered by Anonymous · 0⤊ 0⤋