Situation is very detailed.
Is there anything that can be done when you have a situation where 1 employee threatens another & assaults her during break but not on employer property and it is reported to mgmnt and case closed saying it is a he say she say situation-
then the other party violates CPO yet employer does nothing at all to protect her @ work, but tell us to sit @ different locations in same room?
Answers (1)
Ask the court to modify the CPO to cover work
An employer has an obligation to provide you a safe workplace. That includes protection from another employee. Unfortunately, your rights to compensation for an injury from another employee do not arise until after you have been injured. Presumably you would like to get the employer to protect you so that you are not injured.
I suspect that the most effective way to protect yourself from the threatening employee is to ask the court to modify the CPO so that it prohibits the threatening employee from being within, say, 500 feet of you anywhere you might be found, including at work. You will have to show that the other employee poses a threat, but evidence of hostility directed at you while at work may suffice.
If this appears to be a viable option for you, consider going to the employer first to let it know that you will ask the court for an order that will effectively prevent the threatening employee from working. This might get the employer to do the right thing and protect you from the employee itself.
Best regards,
Neil Klingshirn
posted by Neil Klingshirn | Dec 18, 2003 5:45 PM [EST]
An employer has an obligation to provide you a safe workplace. That includes protection from another employee. Unfortunately, your rights to compensation for an injury from another employee do not arise until after you have been injured. Presumably you would like to get the employer to protect you so that you are not injured.
I suspect that the most effective way to protect yourself from the threatening employee is to ask the court to modify the CPO so that it prohibits the threatening employee from being within, say, 500 feet of you anywhere you might be found, including at work. You will have to show that the other employee poses a threat, but evidence of hostility directed at you while at work may suffice.
If this appears to be a viable option for you, consider going to the employer first to let it know that you will ask the court for an order that will effectively prevent the threatening employee from working. This might get the employer to do the right thing and protect you from the employee itself.
Best regards,
Neil Klingshirn
posted by Neil Klingshirn | Dec 18, 2003 5:45 PM [EST]
Answer This Question
Sign In to Answer this Question
Related Questions with Answers
Contact Neil Klingshirn
Neil Klingshirn
AV rated Super Lawyer and Employment Law Specialist
Independence, OH
Phone: 216-382-2500