Can I take legal action if I'm getting bullyed and my HR/Supervisors don't do anything??
I would like to sue my company. I used to love going to work always excited and always early! Now I am getting bullyed and don't want to get out of bed my anxiety depression and panic attacks are hitting every day, harder and harder! The other day a coworker that has a problem with me slammed her arm into mine walking past me! My work does not have this on camera! Can I sue if their has been a lot of bullying, then going to HR/Supervisors and nothing getting done?
2 answers | asked Oct 21, 2015 02:53 AM [EST] | applies to Washington
Answers (2)
There is a new organization being formed in Washington State to address workplace bullying. Feel free to contact me.
Patty Rose
www.pattyroselaw.com
206 622-8964
posted by Patty Rose | Sep 24, 2017 7:02 PM [EST]
Patty Rose
www.pattyroselaw.com
206 622-8964
posted by Patty Rose | Sep 24, 2017 7:02 PM [EST]
The answer to your question depends on state law. I am licensed only in the state of Ohio and do not know Washington law. The laws of the 50 states tend to be similar, so this answer, which is based on Ohio law, is offered to provide a general idea of the law. Consult with a Washington employment lawyer for your specific employment rights.
First, bullying is generally not prohibited by law. Crazy, right? I think there is one exception (Oregon?), but unless the perpetrator bullies the victim because of the victims race, age, sex or other protected class, it is not unlawful. If the bullying is because of the victim's membership in a protected class, it is a form of unlawful employment discrimination. Otherwise, equal opportunity bullying is not unlawful.
The perp's physical, offensive contact is called a battery in Ohio. Your claim would be against the co-worker, and the claim would be worth something less than if you were punched in the nose in a bar fight. Battery claims are aimed at compensating you for the physical and emotional injury from offensive contact.
The co-worker physical contact has additional significance, at least in Ohio, because it creates a safety issue. Employers have an obligation to provide a safe workplace. If the workplace is not safe, especially after you put the employer on notice of the dangerous condition, then you may have claims against the employer should any further injury occur. In addition, you would have a claim for retaliation if punished for raising the safety concern.
Seriously consider contacting a Washington employment lawyer. Look at:
- the directory on this site,
- the directory on the Washington Employment Lawyers Association's site http://www.welaweb.org/Directory.aspx and
- the attorney directory at the National Employment Lawyer's Association's Find A Lawyer service: http://exchange.nela.org/network/findalawyer.
posted by Neil Klingshirn | Oct 21, 2015 07:07 AM [EST]
First, bullying is generally not prohibited by law. Crazy, right? I think there is one exception (Oregon?), but unless the perpetrator bullies the victim because of the victims race, age, sex or other protected class, it is not unlawful. If the bullying is because of the victim's membership in a protected class, it is a form of unlawful employment discrimination. Otherwise, equal opportunity bullying is not unlawful.
The perp's physical, offensive contact is called a battery in Ohio. Your claim would be against the co-worker, and the claim would be worth something less than if you were punched in the nose in a bar fight. Battery claims are aimed at compensating you for the physical and emotional injury from offensive contact.
The co-worker physical contact has additional significance, at least in Ohio, because it creates a safety issue. Employers have an obligation to provide a safe workplace. If the workplace is not safe, especially after you put the employer on notice of the dangerous condition, then you may have claims against the employer should any further injury occur. In addition, you would have a claim for retaliation if punished for raising the safety concern.
Seriously consider contacting a Washington employment lawyer. Look at:
- the directory on this site,
- the directory on the Washington Employment Lawyers Association's site http://www.welaweb.org/Directory.aspx and
- the attorney directory at the National Employment Lawyer's Association's Find A Lawyer service: http://exchange.nela.org/network/findalawyer.
posted by Neil Klingshirn | Oct 21, 2015 07:07 AM [EST]
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